In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.How...In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.However,com⁃pensatory damages remain a contentious issue,both in theory and in practice,within the legal framework of personal in⁃formation public interest litigation.Through an empirical study conducted within China's judicial practice,this paper reveals that the pending issue concerning the nature and function of compensatory damages has caused highly contra⁃dictory verdicts regarding their calculation and allocation,as well as their relationship with other forms of pecuniary li⁃abilities.Only by acknowledging the role of compensatory damages imposed in personal information public interest liti⁃gation as"Skimming off Excess Profits",and affirming their function as deterrence rather than compensation can they truly achieve the broader objective of safeguarding personal information security and promoting public welfare,as well as avoid disrupting the harmony of the existing legal landscape.展开更多
Although it is not the main duty for the People's Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is be...Although it is not the main duty for the People's Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is beneficial to timely prevention and cure of environmental damage, but also contributes indispensable judicial supervision force to the environmental legality construction. In order to safeguard environmental public interests, many local prosecutorial organizations have practiced environmental public interests litigation. Since Chinese law has not made explicit stipulation on the function of the People's Procuratorate instituting environmental public interest litigation, the plaintiff's subject qualification for environmental public interest litigation instituted by the People's Procuratorate is still in question. In order to propel the People's Procuratorate to completely and fully exercise their power of supervision and prosecution, there shall be corresponding legislation that provides powerful guarantee for the People's Procuratorate instituting environmental public interest litigation.展开更多
As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by va...As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by various production or consumption activities are generated. Facing the situation of environment increasingly aggravates, environmental public interest litigation system is constructed. First, Article 9 of Administrative Procedure Law stipulates public interest litigation;then ,Article 34 of Environmental Basic Law cleady stipulates important elements of public interest litigation. In the research, taking the first environmental public interest litigation in Taiwan as the example, collusion process between government and developer, and private environmental protection groups finally obtaining victory through the continuous effort and litigation are illustrated, thereby uncovering so-called "legal" saying by government and developer. Environmental maintenance and improvement is the duty of every citizen should do, but not only the duty of govemment, which is mentality of environmental public interest litigation development should have and road must take.展开更多
By analyzing disposal status of unexpected environmental incidents by government,public and enterprise,and combining the characteristics of unexpected environmental incidents,specific measures of responding to unexpec...By analyzing disposal status of unexpected environmental incidents by government,public and enterprise,and combining the characteristics of unexpected environmental incidents,specific measures of responding to unexpected environmental incidents are proposed from the aspects of perfecting guarantee system of emergency nomocracy,enhancing information disclosure,encouraging public participation,enhancing the construction of emergency response capability,and enhancing post-event management,to improve the ability of defending environmental risk.展开更多
incidents of extreme hyperbole and fraud in celebrity advertisements have occurred repeatedly because advertising participants are driven by commercial interests and it is also relevant to the deep social and cultural...incidents of extreme hyperbole and fraud in celebrity advertisements have occurred repeatedly because advertising participants are driven by commercial interests and it is also relevant to the deep social and cultural background. Therefore, great and prolonged efforts should be made to govern celebrity advertising in a multi-pronged way: strengthening legal supervision on the basis of clearly defined false advertising; establishing early warning and punishing systems including pre-qualification system, filing system and banning system; promoting public interest litigation system; increasing consumers' media literacy.展开更多
China’s environmental governance reforms are simultaneously strengthening state enforcement measures and encouraging citizen participation in monitoring and enforcement processes.State control over environmental prot...China’s environmental governance reforms are simultaneously strengthening state enforcement measures and encouraging citizen participation in monitoring and enforcement processes.State control over environmental protection and citizen participation appear to be in tension with each other.In discussing environmental governance under democracies,B€orzel and Riesse,however,theorise that opportunities for citizen participation increase as a state increases its enforcement capacity,at least until the state becomes very strong.This article analyses changes in the regulatory field that have strengthened state coercive capacity to enforce environmental law,and two aspects of citizen participation:civil society monitoring of polluters and participation in environmental public interest lawsuits.The early evidence on citizen participation since the revised Environmental Protection Law took effect on 1 January 2015 is mixed.Civil society organisations have been allowed to serve as plaintiffs in a small number of high-profile environmental public interest lawsuits,but that domain remains dominated by state-backed organisations and local procuratorates.Finally,in reaction to the threat of new fines and penalties on illegal emissions,some grassroots civil society organisations are finding new opportunities to advise and monitor polluters.展开更多
文摘In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.However,com⁃pensatory damages remain a contentious issue,both in theory and in practice,within the legal framework of personal in⁃formation public interest litigation.Through an empirical study conducted within China's judicial practice,this paper reveals that the pending issue concerning the nature and function of compensatory damages has caused highly contra⁃dictory verdicts regarding their calculation and allocation,as well as their relationship with other forms of pecuniary li⁃abilities.Only by acknowledging the role of compensatory damages imposed in personal information public interest liti⁃gation as"Skimming off Excess Profits",and affirming their function as deterrence rather than compensation can they truly achieve the broader objective of safeguarding personal information security and promoting public welfare,as well as avoid disrupting the harmony of the existing legal landscape.
基金Research program of Ministry of Justice on national constitutionality and juristic theory "Research on the Function and Legislative Support of the People's Procuratorates Instituting Environmental Public Interest Litigation"(Grant No.:09SFB3040)supported by the people's procuratorate of Shandong in 2009 "The Legislative Research on the People's Procuratorates Instituting Environmental Public Interest Litigation"
文摘Although it is not the main duty for the People's Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is beneficial to timely prevention and cure of environmental damage, but also contributes indispensable judicial supervision force to the environmental legality construction. In order to safeguard environmental public interests, many local prosecutorial organizations have practiced environmental public interests litigation. Since Chinese law has not made explicit stipulation on the function of the People's Procuratorate instituting environmental public interest litigation, the plaintiff's subject qualification for environmental public interest litigation instituted by the People's Procuratorate is still in question. In order to propel the People's Procuratorate to completely and fully exercise their power of supervision and prosecution, there shall be corresponding legislation that provides powerful guarantee for the People's Procuratorate instituting environmental public interest litigation.
文摘As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by various production or consumption activities are generated. Facing the situation of environment increasingly aggravates, environmental public interest litigation system is constructed. First, Article 9 of Administrative Procedure Law stipulates public interest litigation;then ,Article 34 of Environmental Basic Law cleady stipulates important elements of public interest litigation. In the research, taking the first environmental public interest litigation in Taiwan as the example, collusion process between government and developer, and private environmental protection groups finally obtaining victory through the continuous effort and litigation are illustrated, thereby uncovering so-called "legal" saying by government and developer. Environmental maintenance and improvement is the duty of every citizen should do, but not only the duty of govemment, which is mentality of environmental public interest litigation development should have and road must take.
文摘By analyzing disposal status of unexpected environmental incidents by government,public and enterprise,and combining the characteristics of unexpected environmental incidents,specific measures of responding to unexpected environmental incidents are proposed from the aspects of perfecting guarantee system of emergency nomocracy,enhancing information disclosure,encouraging public participation,enhancing the construction of emergency response capability,and enhancing post-event management,to improve the ability of defending environmental risk.
文摘incidents of extreme hyperbole and fraud in celebrity advertisements have occurred repeatedly because advertising participants are driven by commercial interests and it is also relevant to the deep social and cultural background. Therefore, great and prolonged efforts should be made to govern celebrity advertising in a multi-pronged way: strengthening legal supervision on the basis of clearly defined false advertising; establishing early warning and punishing systems including pre-qualification system, filing system and banning system; promoting public interest litigation system; increasing consumers' media literacy.
基金supported by a Research Award from the Fulbright Commission in 2014–2015,which allowed the author to conduct research at the Research Institute of Environmental Law at the Law School of Wuhan University,Chinasupported by grants from the Fulbright Commission,the Committee for Scholarly Communication with China,the U.S.-Japan Friendship Commission,and the Appalachian College Association.
文摘China’s environmental governance reforms are simultaneously strengthening state enforcement measures and encouraging citizen participation in monitoring and enforcement processes.State control over environmental protection and citizen participation appear to be in tension with each other.In discussing environmental governance under democracies,B€orzel and Riesse,however,theorise that opportunities for citizen participation increase as a state increases its enforcement capacity,at least until the state becomes very strong.This article analyses changes in the regulatory field that have strengthened state coercive capacity to enforce environmental law,and two aspects of citizen participation:civil society monitoring of polluters and participation in environmental public interest lawsuits.The early evidence on citizen participation since the revised Environmental Protection Law took effect on 1 January 2015 is mixed.Civil society organisations have been allowed to serve as plaintiffs in a small number of high-profile environmental public interest lawsuits,but that domain remains dominated by state-backed organisations and local procuratorates.Finally,in reaction to the threat of new fines and penalties on illegal emissions,some grassroots civil society organisations are finding new opportunities to advise and monitor polluters.