Practical Investigation and Improvement Strategies for Public Interest Litigation in Biodiversity Conservation
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Abstract
China has proactively implemented public interest litigation aimed at biodiversity conservation, which has significantly contributed to the protection of biodiversity and the sustainable development of the ecological environment. Key elements of this litigation practice include advancing the legislative framework for biodiversity conservation and related litigation, establishing a specialized judicial system for such cases, integrating technological tools into litigation processes, and prioritizing the timely and effective restoration of ecological functions. However, due to the relatively recent initiation of these efforts and limited accumulated experience, this litigation practice faces several practical challenges. These challenges are primarily reflected in the inadequate mechanisms for public participation in litigation, difficulties in investigation, evidence collection, identification, and evaluation, as well as shortcomings in the preparation of relevant directories that support the litigation process. To address and mitigate these issues, several countermeasures are proposed: broadening the range of stakeholders involved to enhance public participation, strengthening institutional frameworks and technical methodologies to improve the quality of evidence collection and appraisal, and refining the compilation of wildlife protection lists to establish a more robust legal foundation for litigation development.
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