The Role of Prosecutorial Public Interest Litigation in China's Environmental Judicial Practice is Highlighted -- From the Perspective of "Top Ten Environmental Judicial Cases in China" to See Prosecutorial Public Interest Litigation


Recently, the "Top 10 Environmental Justice Cases in China" for 2022, sponsored by the Environmental Resources Law Research Association of the China Law Society, the Case Law Research Association of the China Law Society, the Environmental Resources Judicial Research Center of the Supreme People's Court, and the Environmental Resources and Energy Law Research Center of the Tsinghua University School of Law, were announced. Among them, 8 cases of public interest litigation were selected for prosecution. Interacting and cooperating with administrative agencies is more effective. "The procuratorial organs at the provincial, municipal, and county levels and administrative agencies take problem-solving as their common starting point and destination. The effective coordination, communication, and mutual cooperation between the two enable the case to be closed before officially entering the administrative public interest litigation process, which also saves judicial resources." Professor Zhang Lu from the School of Economics and Law at East China University of Political Science and Law commented on the administrative public interest lawsuit against illegal mining by Hunyuan mining enterprises under the supervision of the Shanxi Provincial Procuratorate. The case was supervised by the Supreme People's Procuratorate. In response to mining enterprises violating laws and regulations on ecological environment protection and natural resource management, unlicensed and cross-border mining, and seriously damaging the ecological environment, mineral resources, farmland, and forest and grass resources during mining and operation, the procuratorial organs handled the case in a unified manner, comprehensively utilizing pre litigation and social governance procuratorial suggestions, and forming external linkage with administrative organs, achieving good results, The illegal behavior of damaging environmental resources has been comprehensively curbed, and the damaged ecology is also being treated according to local conditions. Another case is similar, arising from illegal mining. In the administrative public interest litigation case of the Zhengzhou Railway Transport Branch of the Henan Provincial Procuratorate urging the protection of the ecological environment of the Yellow River Wetland National Nature Reserve, a mining company occupied a large amount of the Yellow River Wetland Protection Area during the mining process. The procuratorial organs found through investigation that in addition to the two bauxite mining areas involved in the case, there are also 18 large-scale bauxite mining areas in Hubin District and Shaanzhou District of Sanmenxia City that have ecological problems, of which 9 involve wetland protection areas. The illegal acts in these two cases have had an impact on the environment and ecosystem of a local area. "From the perspective of applicable fields, most environmental public interest litigation cases filed by procuratorial organs are aimed at environmental pollution or ecological damage events that have significant impact nationwide or locally, and there are few cases that focus on micro environmental issues such as rural household waste pollution control." Guo Wu, a professor at the Law School of Gansu University of Political Science and Law, believes that the Wei County Procuratorate in Hebei Province is supervising the rectification of administrative public interest litigation cases related to rural household waste, Compared to the traditional focus on major ecological and environmental issues in public interest litigation, this case demonstrates that the overall ecological civilization construction, including the vast rural areas, has become a focus of current and future environmental judicial specialization. It interprets the vivid practice of public interest litigation in procuratorial environment to help rural ecological revitalization. It is worth noting that the administrative public interest litigation case filed by the Dehui City Procuratorate in Jilin Province against the Chaoyang Township Government in Dehui City for supervising the performance of environmental protection supervision responsibilities has gone through the stages of first instance, second instance, and retrial. The focus of the dispute is whether the township government is a qualified defendant,

Edit:Ying Ying Responsible editor:Shen Chen

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