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Research On Eligible ENGO's Will And Capacity To File Environmental Public Interest Litigation In China

Posted on:2017-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
GTID:2336330485972838Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Although the Environmental Protection Law of the People's Republic of China(2014 Revision,hereinafter referred to as “the new EPL”)and its supporting laws as well as regulations establishes a preliminary Environmental Public Interest Litigation(EPIL)regime,encouraging special organs to support ENGOs with standing(eligible ENGOs)in filing civil EPIL.However,the number of EPIL filed by NGOs is still rare,which means the environment isn't protected efficiently.Hence,it's urgent to evaluate the condition of ENGO's will and capacity in filing EPIL under the new EPL.Then,reason analysis need to be done to explore the improving ways.Unfortunately,throughout the relevant research,no matter Chinese literature nor English literature,although some keen insights are provided occasionally,more targeted investigations after the new EPL are still missing,as well as the contact with eligible ENGO group.As a result,it's necessary to conduct new empirical research with more abundant sample,whose crux is quantitative survey research and qualitative field study.In order to realize this research goal,methodologies of social science and jurisprudence will be introduced.The former will guide the practice of survey research and field study,while the latter will be used to analyze legal issues revealed by the research.Meanwhile,various data sources will guarantee the quality of research.Through survey research and field study,44 eligible ENGOs and some not-eligible ENGOs who are interested in EPIL provide their feedback.Representative sampling and quite high response rate are the base of inferring overall condition of eligible ENGO's will and capacity to file EPIL.The research finds that,in terms of litigation will,as the new EPL and its supporting regulations improve gradually,the willingness of eligible ENGOs in filing EPIL is not low.But litigation cost is still the biggest obstacle to constrain their will,and the practical problems and local stress can't be ignored,either.As for litigation capacity,the staff size of eligible ENGOs is quite large,but their capacity on legal profession is not enough obviously.Nevertheless,they have had a certain amount of funds and quite diverse funding resources,which is the symbol of outstanding potential.In addition,the research notices that the number of eligible ENGOs working on lawsuits is limited,and the help from not-eligible ENGOs can facilitate the litigation capacity of eligible ones.Meanwhile,some factors out of environmental protection and law are affecting eligible ENGO's will in this field.There are three reasons for this condition: in terms of regime,although the setting up of EPIL obviously improve eligible ENGO's litigation will,provisions on standing and execution of judgment produce negative effects.So do the regime of supervising social organization and charity donation;In terms of society,media's focus has effects of pros and cons to litigation will.Assistance from scientific institution,lawyers and other social organization improve eligible ENGO's will and capacity efficiently;In terms of eligible ENGOs themselves,insufficient funds and lack of professionals restrict their will and capacity seriously.Therefore,improving status quo should begin with strengthen litigation capacity.There are also three layers for it: the state organs must create beneficial environment,including legislation,administration,jurisdiction and procuratorate branches;Eligible ENGOs should strengthen themselves and take part in the EPIL cooperation network actively;Other social groups can join in the EPIL supporting network to achieve a win-win situation,too.
Keywords/Search Tags:ENGO, environmental public interest litigation, will, capacity
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