Keyword: Public Interest Litigation

Consumer Public Interest Litigations Struggle to get off the Ground

Consumer Public Interest Litigations Struggle to get off the Ground

China’s Consumers Associations are now allowed to initiate public interest litigations to defend consumer rights. In practice however this has proved to be less than ideal as an instrument to protect consumers. This translated article analyses the situation and argues in favour of allowing a wider range of non-profits to start such litigations.

Litigation registered against Guangxi rescue center over the death of 34 pangolins

The first environmental public interest litigation on pangolins was approved on January 11, 2019. The plaintiff, the China Biodiversity Conservation and Green Development Foundation (CBCGDF), claims that due to dereliction of duty the seized pangolins received by the Guangxi Terrestrial Wildlife Rescue and Epidemic Disease Detection Center all perished two months after arriving at the center in August 2017. The department directly above the center, the Forestry Department of the Guangxi Zhuang Autonomous Region, is listed as the third party in the lawsuit, filed at the Nanning Intermediate People’s Court of Guangxi Zhuang Autonomous Region on September 14 last year. The rescue center received 34 pangolins after the seizure of …read more

Public interest litigations a source of debate in CPPCC annual session

The annual session of the Chinese People’s Political Consultative Conference (CPPCC), China’s prime political advisory body, ended two weeks ago. In this year’s session, a number of CPPCC members made reference to the system of public interest litigations. According to China’s revised Environmental Protection Law, environmental organizations are currently allowed to bring public interest litigation against organizations or companies accused of causing pollution or environmental harm. Procuratorates also have the ability to file public interest lawsuits against any act that compromises public rights and interests in the fields of environmental protection and food and drug safety. Below we have summarized a few of the proposals by CPPCC members related to …read more

How does one Wrap up a 370 Million Yuan Environmental Public Interest Lawsuit?

How does one Wrap up a 370 Million Yuan Environmental Public Interest Lawsuit?

This article discusses the recent failure of an environmental public interest lawsuit initiated by two Chinese NGOs against some polluting companies in Changzhou, Jiangsu Province. There are fears that the ruling against the two NGOs, that will now be forced to pay heavy legal expenses, may discourage other such lawsuits in the future.