Why the Supreme People’s Court is harnessing the NGO “genie”


China’s Judiciary is fighting pollution in earnest by the rule of law.

Supreme People's Court Monitor

u=3330605769,467553553&fm=15&gp=0 Obstacles to public interest litigation-filing suit & obtaining evidence

Many China observers were surprised to learn that in early January, 2015, the Supreme People’s Court (Court) issued an interpretation on enabling civil society organizations to sue polluters on behalf of the public, when most commentators take the view that those organizations are controlled more tightly than before.  The Court issued it after years of work, analysis, and low numbers of environmental lawsuits (highlighted in my earlier blogpost), particularly public interest ones.

This blogpost explains:

  • what the Interpretation does;
  • what its background is;
  • why the Court is enabling environmental NGOs to file suit; and
  • An assessment of its implications.

This blogpost should be read with Barbara Finamore’s blogpost, How China’s Top Court is Encouraging More Lawsuits Against Polluters.

What the interpretation does

The interpretation, entitled “Interpretation on Several Issues Regarding the Application of Law in Public Interest Environmental Civil Litigation (Interpretation)…

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One Comment on “Why the Supreme People’s Court is harnessing the NGO “genie””

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