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Environmental Public Interest Litigation: When will it Flourish in China?

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Authors
Wang, Jin
Issue Date
2007
Publisher
BK 21 law
Citation
Journal of Korean Law, Vol.7 No.1, pp. 217-228
Keywords
Environmental Public Interest LitigationBarriers CauseLegislationJudicature
Abstract
Research on the issues of public interest litigation started during the 1990s in China. Before that, as Environmental Law developed in China, some scholars had introduced citizen suits, which are popular in American environmental law, in their translation book. For example, a large portion of Environmental Law (1986) introduced cases of American citizen suits, the issues of standing, jurisdiction of the disputes, standards of judicial review and methods of remedies etc. However, since there were no traces of western law tradition in Chinese legal history, the legislations on the civil and administrative litigation were still under construction and the situation of the national legal system poor; consequently research on environmental

public interest litigation in western countries was not appreciated in legal profession.

Thus litigation based on public interest is still viewed as a Utopian doctrine only in text books that teach environmental law, especially in the compositions that introduce American law execution.
ISSN
1598-1681
Language
English
URI
http://hdl.handle.net/10371/85130
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 07 Number 1/2 (2007)
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