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Sustainability 2019, 11(3), 900; https://doi.org/10.3390/su11030900

Sustainable Development through the Right to Access to Justice in Environmental Matters in China

Law Faculty/ Institute of Human Rights, Wuhan University, No. 299, Bayi Road, Wuchang Area, 430072, Wuhan City, Hubei Province, China
Received: 20 November 2018 / Revised: 29 January 2019 / Accepted: 4 February 2019 / Published: 10 February 2019
(This article belongs to the Special Issue Environmental Law for Sustainability 2018)
Full-Text   |   PDF [311 KB, uploaded 11 February 2019]

Abstract

Access to justice is an irreplaceable complementary right. Without enforcement, environmental law would be ‘toothless’ in practice. Recently, China has made some significant progress in protecting the relevant parties’ right to access to justice in environmental matters. However, there are still some problems and challenges in the protection of this right in theory and in practice. To effectively realize this right, it is necessary to analyze the present situations and problems of the right in China from a legal perspective. This is done by introducing and analyzing the laws, regulations, policies, and practice concerning the right to access to justice in environmental matters in China. Specifically, this paper discusses the present situations of this right from several aspects. Based thereon, a brief problems analysis will be made. Some possible suggestions on how to better protect the right in China will be proposed from the perspectives of engaging, effectiveness and efficiency. These suggestions include empowering various parties with more capacity and possibilities; establishing a legal aid system and special fund; improving the exemption system and attorney fee transfer system; establishing a pre-litigation examination mechanism; and stimulating various parties’ potential roles. View Full-Text
Keywords: China; right to access to justice; environmental matters; law; policy China; right to access to justice; environmental matters; law; policy
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited (CC BY 4.0).
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He, M. Sustainable Development through the Right to Access to Justice in Environmental Matters in China. Sustainability 2019, 11, 900.

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