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2019-03-25 10:33:00   来源:中国人权网   作者:

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The Right to Access to Justice in Environmental Matters in China: Present, Problems and Prospects

Miao He

Miao He 1 Law Faculty/ Institute of Human Rights, Wuhan University, No. 299, Bayi Road, Wuchang Area, 430072, Wuhan City, Hubei Province, China; miao.he@whu.edu.cn /annie-he-84@163.com  
 
The Right to Access to Justice in Environmental Matters in China: Present, Problems and Prospects

Abstract: Access to justice is an irreplaceable complementary right. Without enforcement, environmental law would be ‘toothless’ in practice. Recently, China has made some significant progress in protecting the relevant parties’ right to access to justice in environmental matters. However, there are still some problems and challenges in the protection of this right in theory and in practice. To effectively realize this right, it is necessary to analyze the present situations and problems of the right in China from a legal perspective. This is done by introducing and analyzing the laws, regulations, policies, and practice concerning the right to access to justice in environmental matters in China. Specifically, this paper discusses the present situations of this right from several aspects. Based thereon, a brief problems analysis will be made. Some possible suggestions on how to better protect the right in China will be proposed from the perspectives of engaging, effectiveness and efficiency. These suggestions include empowering various parties with more capacity and possibilities; establishing a legal aid system and special fund; improving the exemption system and attorney fee transfer system; establishing a pre-litigation examination mechanism; and stimulating various parties’ potential roles.
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