Green Benches

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Yi Chen. Green Benches

Contents

Abbreviations

Foreword

Report Summary

Introduction: What Are Environment Courts, and Why Are They Important?

The Environment Courts of the People’s Republic of China: Situations and Challenges. Environmental Disputes

Reasons to Develop Environment Courts

Experiences of Other Specialized Courts

Problems of Existing Environment Courts

Limited Access to Environment Courts

Insufficient Training of Most Judges in Environmental Law

Lack of Interest Among Victims of Environmental Pollution in Using the Courts to Protect their Rights

Refusal of Most Courts to Accept Environmental Cases

Inconsistencies in Environmental Case Judgments

Difficulties in Enforcing Court Orders in Environmental Cases

Weak Regulatory Support for Environmental Justice

Experiences of Other Countries in Strengthening Environment Courts

Improving Court Affordability

Encouraging Alternative Dispute Resolution

Training “Green” Judges

Improving Court Administrative Efficiency

Promoting Public Awareness and Participation

Monitoring and Evaluating Court Performance

The Way Forward: Policy Suggestions. Six Possible Modes of Environment Court Development in the People’s Republic of China

A Gradual Approach to Expanding the Environment Court System of the People’s Republic of China

Key Actions in Strengthening the Environment Courts of the People’s Republic of China

Conclusions

Appendix. The Current Judicial System in the People’s Republic of China

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Green Benches:

What can the People’s Republic of China Learn from Environment Courts of Other Countries?

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Since 1998, there has been an average yearly increase of 25% in the number of environmental lawsuits received by the people’s courts in the PRC. In 2005 alone, that number reached a record of nearly 700,000. There is still, however, a severe shortage of specialized environment courts relative to the number of environmental cases filed. In contrast to other specialized courts, environment courts make up only a small fraction of the 3,500 people’s courts and the more than 10,000 people’s tribunals. However, the total number of compensation cases arising from environmental pollution in 2003 alone reached 1,543, equivalent to one-half the yearly average of cases filed before the maritime courts in 20 years (1984–2004), or two-thirds the average of first-instance intellectual property rights cases filed nationwide each year.

There is thus a clear need for more specialized environment courts. In fact, the number of environmental cases is expected to rise as the PRC’s economy grows. If it continues to rise at the current rate of 25% per annum, the number of first-instance environmental cases will increase 2.4 times in 5 years and 7.4 times in 10 years. The situation is exacerbated by the fact that the percentage of environmental disputes that are brought to court is expected to increase, from the current rate of about 3% to about 10% within 5 years. The rapid upsurge in the number of environmental lawsuits, together with a decreasing number of judges in the PRC, makes the need for an expanded environment court system all the more urgent.

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