曾娅平 ZENG Yaping 污染受害者法律帮助中心（CLAPV） 新环保法视角下环保组织环境公益诉讼之挑战 Positive Effects & Challenges for NGOs in Instituting Environmental Public Interest litigation(EPIL) from the Perspective of Environmental Protection Law（EPL） 曾娅平 ZENG Yaping 污染受害者法律帮助中心（CLAPV） 2018/11/23

“An Environmental Law NGO to Help Pollution Victims and Improve the Rule of Law in Environmental Field” Center for Legal Assistance to Pollution Victims ( CLAPV) of China University of Political Science and Law (CUPL) is a non-governmental environmental protection organization established in October 1998, approved by CUPL. The mission of the CLAPV is to safeguard the environmental rights and interests of pollution victims by aiding them in going to court, to increase the public’s environmental, legal and right-safeguarding awareness so as to promote the enforcement and compliance of Chinese environmental law. Volunteer- ZENG Yaping

目录 Catalog 1.Positive Effects of EPL on EPIL （一）新环保法对环保组织公益诉讼的促进作用 2.Challenges on EPIL for NGOs （三）环保组织进行环境公益诉讼之挑战 2018/11/23

New EPL 1.Revised on April 24th 2014, Entered into effect on January 1st, 2015. 2.47 articles 70 articles 2018/11/23

2. Positive Effects of EPL for NGOs to File EPIL （一）新环保法对环保组织公益诉讼的促进作用 2.1 The plaintiff qualification of NGO in EPIL Article 58 For an act polluting environment or causing ecological damage in violation of public interest, a social organization which satisfies the following conditions may institute an action in a people's court: (1) It has been legally registered with the civil affairs department of the people's government at or above the level of a districted city. (2) It has specially engaged in environmental protection for the public good for five consecutive years or more without any recorded violation of law. 2018/11/23

2. Positive Effects of EPL for NGOs to File EPIL （一）新环保法对环保组织公益诉讼的促进作用 (Environmental Protection Law 2014) Article 58 For an act polluting environment or causing ecological damage in violation of public interest, a social organization which satisfies the following conditions may institute an action in a people's court: (1) It has been legally registered with the civil affairs department of the people's government at or above the level of a districted city. (2) It has specially engaged in environmental protection for the public good for five consecutive years or more without any recorded violation of law. 《民事诉讼法》第55条的规定：“对污染环境……等损害社会公共利益的行为，法律规定的机关和有关组织可以向人民法院提起诉讼。” (Civil Procedure Law 2012) Article 55 For conduct that pollutes environment, infringes upon the lawful rights and interests of vast consumers or otherwise damages the public interest, an authority or relevant organization as prescribed by law may institute an action in a people's court. 2.2 Expansion of the Actionable Scope in EPIL Environmental pollution & Ecological damage 2018/11/23

2. Positive Effects of EPL for NGOs to File EPIL （一）新环保法对环保组织公益诉讼的促进作用 2.3 Environmental Information Disclosure and Public participation The new law requires publicizing information regarding environmental monitoring, environmental quality, and the collection and use of pollutant discharge fees. The administrative authorities have made some progresses regarding information disclosure, they disclose information timelier and more effective after the implementation of EPL. 2018/11/23

2. Positive Effects of EPL for NGOs to File EPIL （一）新环保法对环保组织公益诉讼的促进作用 2018/11/23

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2. Positive Effects of EPL for NGOs to File EPIL （一）新环保法对环保组织公益诉讼的促进作用 The new law provides explicit legal basis for restoration of environment and compensation for the damage of ecological service function； EPIL brings pressure on the administrative authorities so as to push them to take measures to protect the environment. 2018/11/23

2. Challenges on EPIL for NGOs （二）环保组织进行环境公益诉讼之挑战 2.1 Deficiencies of Provisions regarding plaintiff Qualification in EPIL What is the starting point of “ five consecutive years ” ? Registration date? or Actual date of engaging in environmental activities ? Not clear! 2018/11/23

2. Challenges on EPIL for NGOs （二）环保组织进行环境公益诉讼之挑战 2.2 Difficulties of Assessment of Environmental Damage Time-consuming Highly technical High-cost No mandatory standards 2018/11/23

2. Challenges on EPIL for NGOs （二）环保组织进行环境公益诉讼之挑战 2.3 High Cost for filing EPIL Litigation fee Expenses of assessment Attorney's fee Travel expenses Accommodation expenses Other expenses Average cost for a case: 100,000 yuan (13,500 euros) 2018/11/23

2. Challenges on EPIL for NGOs （二）环保组织进行环境公益诉讼之挑战 2.4 Deficiencies of Capability of NGOs Fund shortage Insufficient experts 2018/11/23

2. Challenges on EPIL for NGOs （二）环保组织进行环境公益诉讼之挑战 2.4 Deficiencies of Capability of NGOs Fund shortage Insufficient experts NGO percentage Without steady fund resources 76.1% Funds less than RMB 50,000 81.5% Without their own offices 60.0% 2018/11/23

2. Challenges on EPIL for NGOs （二）环保组织进行环境公益诉讼之挑战 2.5 Deficiencies of information disclosure Imbalance among different information disclosure, the authorities disclose more information of air quality but less information of water quality or soil quality; The authorities disclose more general information than special information. Getting information can be difficult sometimes. 2018/11/23

2. Challenges on EPIL for NGOs （二）环保组织进行环境公益诉讼之挑战 2.6 No access to administrative lawsuit It is still not possible for NGOs to file lawsuit against the administrative authorities if those authorities fail to properly enforce the law. 2018/11/23

THANK YOU! 2018/11/23