Environmental public interest litigation by social organizations in China is a field growing in scope and importance. In the past, the standing requirements of article 108 of the Civil Litigation Procedure Act (CLPA 1...Environmental public interest litigation by social organizations in China is a field growing in scope and importance. In the past, the standing requirements of article 108 of the Civil Litigation Procedure Act (CLPA 1991) served as a barrier that limited the development of robust environmental NGO jurisprudence. By analyzing legislative and judicial methods of working around the Article 108 restrictions between 2005 and 2011 in China and presenting an American comparative perspective on the historical development of environmental public interest groups and their goals of limiting pollution and preserving a healthy ecological system through litigation, we will find that the US Constitution Article III 'case or controversy' requirement and the key US Supreme Court cases surrounding environmental public interest litigation NGO standing in many ways parallel the Chinese experience, but the Chinese system certainly maintains its own socialist characteristics. The keys for China as it develops its legislation and case law in the field of environmental public interest litigation are: understanding the widening scope of the term 'relevant organization' in article 55 of the CLPA (2012 Amendment), as amended in the draft by the Standing Committee of National People′s Congress; considering the meaning of the term 'relevant organization' of article 55 of the CLPA (2012 Amendment) in the context of its litigation and procedural natures, but not as a substantive law definition of one kind of legal subjects; and acknowledge the need to consider lessening restrictions on NGOs in this field so that they can develop their skills and contributions to Chinese society.展开更多
文摘Environmental public interest litigation by social organizations in China is a field growing in scope and importance. In the past, the standing requirements of article 108 of the Civil Litigation Procedure Act (CLPA 1991) served as a barrier that limited the development of robust environmental NGO jurisprudence. By analyzing legislative and judicial methods of working around the Article 108 restrictions between 2005 and 2011 in China and presenting an American comparative perspective on the historical development of environmental public interest groups and their goals of limiting pollution and preserving a healthy ecological system through litigation, we will find that the US Constitution Article III 'case or controversy' requirement and the key US Supreme Court cases surrounding environmental public interest litigation NGO standing in many ways parallel the Chinese experience, but the Chinese system certainly maintains its own socialist characteristics. The keys for China as it develops its legislation and case law in the field of environmental public interest litigation are: understanding the widening scope of the term 'relevant organization' in article 55 of the CLPA (2012 Amendment), as amended in the draft by the Standing Committee of National People′s Congress; considering the meaning of the term 'relevant organization' of article 55 of the CLPA (2012 Amendment) in the context of its litigation and procedural natures, but not as a substantive law definition of one kind of legal subjects; and acknowledge the need to consider lessening restrictions on NGOs in this field so that they can develop their skills and contributions to Chinese society.
