The new environmental protection law will come into effect next month

In less than a month, the "historically severe" new environmental protection law will be implemented.

Ma Yong, Minister of the supervision and Litigation Department of the China Environmental Protection Federation, expressed a lot of emotion when he brought up the law, which took nearly three years, solicited opinions twice and changed its draft several times. "Non governmental environmental protection organizations finally have a legal identity."

For this long-awaited legal identity, Ma Yong waited for many years. In August 2012, when the environmental protection law was revised in the first instance, "public interest litigation" was not included; In June 2013, the second review draft stipulated that "the subject of public interest litigation is the China Environmental Protection Federation and the Environmental Protection Federation established in provinces, autonomous regions and municipalities directly under the central government"; In October 2013, the third review was limited to "a national social organization registered with the Civil Affairs Department of the State Council according to law, specializing in environmental protection public welfare activities for more than five consecutive years and with good reputation"; In April 2014, the fourth review was expanded to "relevant social organizations registered by civil affairs departments of governments above the municipal level divided into districts".

Behind the twists and turns, the focus of the debate is the scope of the subject of public interest litigation. "For non-governmental environmental protection organizations, obtaining 'legal' status has always been a difficult problem. The expansion of the scope of the subject of this lawsuit means that more environmental protection organizations can 'fight side by side' to improve the environment according to law. At that time, hundreds of public welfare organizations will be included." Wang Canfa, director of the Institute of environmental and resource law of China University of political science and law, told reporters.

Environmental public interest litigation refers to a lawsuit brought by other legal persons, natural persons or social groups to the court to safeguard the public interest when the environmental public interest is infringed or will be infringed due to the illegal acts or omissions of natural persons, legal persons or other organizations.

Because there is no complete mechanism for environmental public interest litigation in China, environmental public interest litigation often encounters unexpected difficulties in reality. China Environmental Protection Federation is a social organization that has carried out environmental public interest litigation early in China. As the director of the Litigation Department, Ma Yong and his colleagues filed eight environmental public interest litigation nationwide last year, but none of them was accepted.

In view of this, the new environmental protection law specifically stipulates that the people's court shall accept the lawsuit brought by qualified social organizations to the people's court. In the view of insiders, this is a highlight of the new environmental protection law, which is worthy of recognition.

The determination of the subject qualification of environmental public interest litigation is also an effective way to encourage the public to participate in environmental protection. "It is not feasible for environmental protection departments to improve the environment alone. Environmental public interest litigation can put pressure on enterprises and governments that illegally discharge pollutants or fail to enforce the law. It is a good thing to eliminate environmental violations and protect the environment." Xin Chunying, vice chairman of the legal work committee of the Standing Committee of the National People's Congress, said.