Beruflich Dokumente
Kultur Dokumente
Enforcement in China
Alex L. Wang
Senior Attorney
Director, China Environmental Law Project
Natural Resources Defense Council
Manila, July 2010
EJE Experiments
Expanding standing
Procuratorate
Agencies
NGOs/citizens
Jurisdiction – breaking the hold of local protectionism
Remedies & evidentiary burden
Focus on injunctive relief, shift away from
compensation
Why is Environmental Judicial Enforcement
(EJE) Important?
EPIL provides multiple channels for
enforcement of environmental law: by
governmental agencies as well as citizens.
Government agencies use courts to enforce
environmental laws
Citizen enforcement is an important supplement to
government enforcement
EJE Experiments in China:
Environmental Protection Courts
Experimenting EJE Model Issues to Address Typical Cases
Courts (classified by
plaintiff)
Environmental Government Lack of effective Two Lakes One
Protection Court Agencies administrative enforcement Reservoir
tools Management Bureau v.
Local protectionism (undue Tianfeng Chemical
influence from the local Company
government)
Cross‐jurisdiction pollution
Local Lack of effective Guiyang People’s
Procuratorates administrative enforcement Procuratorate v. Xiong
tools Jinzhi etc.
Environmental Local protectionism (undue ACEF v. Jiangsu
groups influence from the local Jiangyin Containers
government) Company;
Prevention via injunction ACEF v. Qingzhen Land
rather than after‐the‐fact and Resources Bureau
compensation sought by
individual victims
EJE Experiments in China:
Maritime and General Courts
Experimenting EJE Model Issues to Address Typical Cases
Courts (classified by
plaintiff)
Maritime Court Local Lack of effective Guangzhou Haizhu
Procuratorates administrative District
enforcement tools Procuratorate v.
Local protectionism individual polluter
(undue influence
from the local
government)
4
1
1 Shenyang Tiexi District,
6 Liaoning Dalian Shahekou
Shenyang Dongling District, Shenhe
District
District, Kangping County
1
7 Shaanxi Xian Beilin
District
1
8 Shandong Qingdao Chenyang
District
2
Yibin Cuiping
9 Sichuan
District, Lu
County
10 Tianjin 1
Heping District
3
2
Yuxi Chengjiang, 2
11 Yunnan Kunming, Yuxi
Jiangchuan, Tonghai Huize, Funing
County
Caseloads of Environmental Courts
Court (Date of Total Number Case Distribution Number of
Establishment) of Cases EPIL Cases
Two courts in Guiyang, 110† 70% ‐ criminal cases; 3
Guizhou Province 12% ‐ civil cases;
(Nov. 20, 2007) 9% ‐ enforcement cases;
8% ‐ non‐litigation administrative
enforcement cases;
0% ‐ administrative cases.