Urban Pollution Governance, Prosecutor-led Environmental Public Interest Litigation and Regional Environmental Disparities in China: Evidence from 282 Cities

被引:0
|
作者
Wu, Wanqiang [1 ]
Chan, Peter C. H. [2 ]
Lin, Xifen [1 ,3 ]
机构
[1] Shanghai Jiao Tong Univ, KoGuan Sch Law, Shanghai, Peoples R China
[2] City Univ Hong Kong, Sch Law, Hong Kong, Peoples R China
[3] Shanghai Jiao Tong Univ, China Inst Law, Shanghai, Peoples R China
关键词
COURTS; REFORM;
D O I
暂无
中图分类号
K9 [地理];
学科分类号
0705 ;
摘要
Experts frequently discuss the reduction of regional environmental disparities in China, but they often overlook the role of the judiciary, particularly prosecutor-led environmental public interest litigation. Using cases of such litigation initiated by intermediate and basic procuratorates, and economic and pollution data of 282 cities for the 2018-21 period, this article demonstrates that prosecutor-led environmental public interest litigations have the potential to reduce Chinas' environmental disparities in general. However, their implementation varies according to cities' respective level of economic development. This diversity arises from at least three primary factors: more affluent cities may possess more prosecutors with stronger environmental awareness; these cities have more litigation resources for this type of litigation; and they have greater procuratorial autonomy in the local economy, albeit weaker protection, that allows for initiating more prosecutor-led environmental public interest litigations. This article highlights the importance of prosecutor-led environmental public interest litigation in mitigating environmental disparities in China. It recommends increased investment in litigation resources, enhanced personnel training and greater judicial autonomy in less economically developed cities to amplify the impact of such litigation efforts in reducing such disparities.
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页码:73 / 95
页数:23
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