The Institutional Positioning of Environmental Tort Remedy in China: Executive-Led or Judicial-Led?

Tian Sang and Lijun Zhang ()
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Tian Sang: Koguan Law School, Shanghai Jiaotong University, Shanghai 200030, China
Lijun Zhang: Koguan Law School, Shanghai Jiaotong University, Shanghai 200030, China

IJERPH, 2023, vol. 20, issue 2, 1-13

Abstract: There are two options for environmental tort remedy in China: resorting to environmental administration or environmental justice, with an ongoing debate over which of the two should lead. Firstly, it compares the structure of China’s environmental tort remedy system and the two types of power: administrative power and judicial power, concluding that administrative power is dominant. Then, it argues for the indispensability of judicial power, attempts to find a clear boundary between the two sides, and justifies their mutual division of labor and collaboration. Through sufficient demonstration, it clarifies why the dominant position of environmental administrative power must be guaranteed. Then, it summarizes the experience of other countries and the practice of environmental protection in China; and provides three innovative paths of the future environmental rights remedy system. These three aspects are setting up a review procedure for administrative priority judgment before filing an environmental lawsuit, establishing the independent position of experts in environmental litigation, advocating a risk communication mechanism other than litigation, and providing a richer institutional guarantee for the relief of environmental rights.

Keywords: environmental tort; public interest litigation; environmental administrative power; judicial remedy; risk communication (search for similar items in EconPapers)
JEL-codes: I I1 I3 Q Q5 (search for similar items in EconPapers)
Date: 2023
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