Research on Environmental Public Interest Litigation in Taiwan

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.

Protection of Human Rights through Administrative Litigation——An interview with Professor Zhan Zhongle,School of Law,Peking University

Question： Would you elaborate on the progress China has made under the state policy of reform and opening-up in improving the system of administrative litigation？ Answer： Efforts-in this reguard began in 1982, with publication of the Law of Civil Procedures （for trial implementation）.

Theoretical Construction of Procuratorial Administrative Public Interest Litigation

The reason why the procuratorial organs can file public interest litigation under the Administrative Litigation Law of the People's Republic of China is to empower the procuratorial organs'legal oversight in the form of litigation,intending to form a legal oversight mechanism between the procuratorial organs and administrative organs.Both the administrative public interest litigation and the procuratorial proposal are included in administrative litigation and thus depend on court judgments.In other words,the extent of oversight is limited under court judgments.Procuratorial organs shall apply the same legality review as the courts.The procuratorial organs shall properly draft the procuratorial proposal under the same criteria of judicial review and not exercise administrative discretion for the administrative organs.The criteria of administrative organs'performance of duties after-action review shall be whether the court is in favor of or against it.