The 2018 High-Level Forum on Litigation was Held in Yunnan Province, and the CBCGDF Deputy Secretary-General was Invited to Make a Keynote Speech
2018/10/15 14:37:00 本站

From October 13th to 14th, the 2018 High Law Forum on Litigation was held in Kunming. The theme of this forum is "the development and improvement of the rule of law in the socialist procedural process with Chinese characteristics in the new era". Mr. Ma Yong, the Deputy Secretary-General of CBCGDF, was invited to attend and make the keynote speech.


This forum discusses the basic principles of the rule of law in socialist procedures with Chinese characteristics, the construction of big data and socialist procedural rule of law, and the establishment and development of public interest litigation systems.


In the speech entitled “Thinking about the Issues in the Judicial Practice of Environmental Public Interest Litigation (EPIL)”, Mr. Ma combed the basic status quo of the current EPIL: the initial formation of the structure and pattern of EPIL, and the effectiveness of the litigation; the stabilized volume, and the main force of EPIL - national team (prosecution agency); the declining tendency of EPIL by social organizations.


In the fourth year of the judicial practice of EPIL, there are some outstanding problems to be solved, among which the main aspects are:


1. The enthusiasm for social organization litigation is reduced, and the motivation is insufficient.

For example, (1) the problem of disguising the case is urgently needed to be solved; (2) the result of the identification is difficult to draw, and even more difficult to start identify the problems; (3) the necessary cost of litigation is difficult to obtain judgment support.


2. The relevant litigation boundaries are unclear, the relationship is unknown, and there is a phenomenon of “contention”;


3. The exclusive monopoly of the administrative public interest litigation procuratorate;


4. The legal gaps for fine vesting, use and regulatory;


5. The enforcement of litigation is not effective.


At the theoretical level, the main performances are as follows:


1. The research on the basic theory of public interest litigation is seriously inadequate, especially that the relationship between national and social public interests is ambiguous. In addition, the definition of public interest litigation by the main body of the plaintiff is not conducive to the healthy development of the system;


2. The design of the ecological environmental damage compensation system is insufficient, and the “virtual cost method” is in urgent need of attention.


In response to the above problems, Mr. Ma proposed relevant suggestions for improvement:


1. Establish social organization litigation support and guarantee mechanisms, especially (1) effectively implement the EPIL registration system; (2) strongly support the expert system to compensate Insufficient system; (3) standardize lawyers' fees, attract outstanding legal workers to participate in public interest litigation;


2. Establish linkage and connection mechanism between ecological environmental damage compensation system and environmental civil public interest litigation system to avoid litigation “crash”;


3. Legislation to promote social organization to become the main body of the plaintiff in the administrative public interest litigation. It can establish the necessary pre-procedures for the participation of social organizations in the system design, and form a standardized and orderly system.


4. Establish funds or trusts to undertake litigation fund income and solve the implementation.


5. Introduce a punitive damage system.


Mr. Ma Yong was interviewed by CCTV legal subject program. (Photo: CBCGDF)

Original Chinese article:

By / Shuya