Focus on the Marine Environmental Protection Law (Revised Draft) | CBCGDF Proposes to Improve Environmental Public Interest Litigation Clauses
2023/1/11 16:54:00 本站

Recently, the Legislative Affairs Committee of the Standing Committee of the National People's Congress solicited opinions from the public on the Marine Environmental Protection Law (Revised Draft). China Biodiversity Conservation and Green Development Foundation(CBCGDF) Legal Working Committee has put forward suggestions on the relevant legal provisions of environmental public interest litigation in the Revised Draft, and has sent a letter to the Legal Affairs Committee of the National People's Congress.

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Specific suggestions are as follows:

It is recommended to set up a pre-procedure in the marine ecological environment damage compensation lawsuit, and add a paragraph as the third paragraph to Article 107 of the "Draft Amendment". That is, when a social organization discovers an illegal act that damages the marine ecological environment, first it should report to the department exercising the right to supervise and manage the marine environment. If within 60 days, the illegal issue has not been resolved and the marine environment supervision and management department has not initiated the public interest litigation procedure, then social organizations can file a public interest lawsuit for behaviors that damage the marine ecological environment .

The addition of the above-mentioned provisions can, on the one hand, maintain the existing order of litigation from being disrupted, and on the other hand, increase public interest litigation that can prevent the emergence of a vacuum in the relief of damages to social and public interests, and more effectively protect the marine ecological environment.

Original Chinese Article: https://mp.weixin.qq.com/s/L454qeej9hcqynpdQ1gMcA

Translator: Daisy

Checked by Sara

Editor: Daisy

Contact: v10@cbcgdf.org; +8617319454776

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