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China’s Environmental Infringement Liability System in 2017: Judicial Evaluation and Improvement Options (Special Issue, No.18, 2018)


By Chang Jiwen, Research Institute of Resources and Environment Policies, & Hu Zhonghua, School of Politics and Law, China University of Geosciences

Research Report, Special Issue, No.18, 2018 (Total 1585) 2018-7-24

Abstract: Propelled by the national efforts to promote the construction of ecological civilization and to protect the ecological environment, the construction of environmental infringement liability system in China has witnessed remarkable results. With the sound operation of the system, the legal rights and interests of the people relating to their living condition and working environment have been greatly protected, and the illegal pollution discharge is further restrained. However, the judicial practice relating to some regions’ environmental infringement liability system reveals some problems to be solved. First, the formulation of relevant rules cannot fully meet the needs of environmental protection; second, the ability of some courts to handle environmental infringement cases with this system should be strengthened. At present, we need to strengthen the system construction, formulate more detailed and targeted rules for addressing infringement cases and evidence collection, and stop up the loopholes in the environmental pollution infringement liability system and trial disputes. Besides, we need to strengthen the training of local judges on environmental law and enrich their related knowledge so as to enhance their ability in dealing with the cases relating to environmental resources.

Key words: environmental infringement, liability disputes, implementation evaluation, improvement suggestions