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Legal aspects of judicial protection of citizens’ rights and public interests in the field of environmental protection in the people’s Republic of China
 
PIIS102694520017273-1-1
DOI10.31857/S102694520017273-1
Publication type Article
Status Published
Authors
Natalia Khludeneva 
Affiliation: Department of Environmental and Agrarian Legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Russian Federation,
Darya Fitsay
Affiliation: Красноярск
Address: Russian Federation
Journal nameGosudarstvo i pravo
Edition
Pages198-204
Abstract

This article examines the judicial procedure for protecting the rights of citizens and public interests in the field of environmental protection in the People's Republic of China. The author analyzed the regulatory legal acts of China that regulate the activities of specialized courts for environmental protection. In the course of the research, the features of the creation of such courts are revealed, as well as the analysis of judicial practice on the consideration of disputes in the field of environmental protection is presented. Besides, it is established that only public organizations and prosecutor's offices are authorized to file lawsuits in the specialized courts for environmental protection in defense of public interests in the field of environmental protection. At the same time, the current legislation does not provide for citizens to apply to them, since everyone's environmental rights are generally protected by applying to the people's courts of the People's Republic of China. As a result of the research, the author came to the conclusion that the reform of environmental justice in China continues in the direction of legal regulation of the activities of specialized courts for environmental protection. At the same time, the chinese experience of protecting public interests in the field of environmental protection by public organizations or prosecutor's offices in environmental courts allows us to note an improvement in the quality of justice and progress in the consideration of this category of cases, since decisions are made by judges with special knowledge in this area. While the current legislation of China does not establish the specifics of protecting environmental rights by citizens in a General manner by applying to the people's courts of the People's Republic of China.

Keywordsspecialized court for environmental protection, procedure for protecting public interests in the field of environmental protection, protection of environmental rights, environmental justice reform.
Received16.12.2020
Publication date17.11.2021
Number of characters19103
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