September 18, 2018 –  Two Chinese judges presented Environmental Courts in China to students and the community. Assistant Judge Chen is on the Environmental and Resource Division of the Supreme People’s Court of China. Senior Judge Qiang is on the Environmental and Resource Division in Guangdong High People’s Court.
 

Both of their presentations covered a brief overview of China’s court system. China’s administrative region is divided into five levels: central government, provincial government, municipal government, district county government, and township. China’s courts are further divided into four types: supreme court, provincial high court, municipal intermediate court and the district court. The Chinese court system organizes cases into five divisions: criminal, civil, administrative, environmental, and other. As for China’s environmental protection legal regime, the Chinese Constitution declares that the state protects and improves the environment for life and ecology, and guards against pollution and other harmful elements. Chinese environmental law reaffirms that protecting the environment and conserving resources is a basic national policy. More than thirty laws and regulations, including those to prevent and control pollution of the air, water, soil, and forests, exist.

China is one of the few countries in the world to have established an environmental division with the Supreme Court. Environmental cases are divided into three types: criminal, private civil, and administrative. Criminal environmental cases occur when the prosecution is brought by the procuratorate. Private civil environmental cases occur when violations against private interest arise. Administrative environmental cases occur when the plaintiff files suit against a specific administrative act or decision. There are two types of public interest litigation: civil public interest litigation and administrative public interest litigation. An administrative unit, non-governmental organization, and procuratorate may bring a civil public interest litigation, whereas only a procuratorate (not an administrative agency) can bring an administrative public interest litigation.  

Environmental resource cases have been brought to trial in GuangDong Province. Judge Qiang discussed the Nanling National Forest Park Environmental Infringement case. The plaintiff was an environmental protection foundation and defendants were two companies. Once an environmental case is brought and the court finds the defendant guilty, the defendant either provides ecological restoration or compensation paid to the public interest account, not the plaintiff. In the Nanling case the parties reached a settlement where the company agreed to stop building the road and provided compensation of five million yuan for the restoration of the park’s ecological environment.  

The judges expressed enthusiasm and hope for China’s environmental interests within their legal system. Both judges noted that this is only the beginning of China’s litigation of environmental cases and hope to see that their nation continues to protect the beautiful landscape of China.

TW (MS) 9-27-18