CAO Yi-yang. Study on Public Interest Litigation for Biodiversity Conservation[J]. JOURNAL OF NORTH CHINA ELECTRIC POWER UNIVERSITY(SOCIAL SCIENCES).
Citation: CAO Yi-yang. Study on Public Interest Litigation for Biodiversity Conservation[J]. JOURNAL OF NORTH CHINA ELECTRIC POWER UNIVERSITY(SOCIAL SCIENCES).

Study on Public Interest Litigation for Biodiversity Conservation

  • This study, which employs a literature review, fact-finding, data analysis, and case studies as its main methods, concludes that China has actively promoted the legalization of biodiversity conservation, endeavored to provide legal guarantees for biodiversity conservation through public interest litigation, and made proactive efforts in legislation and judicial practice of public interest litigation for biodiversity conservation. It also finds that China's remarkable achievements have promoted biodiversity conservation and the sustainable development of the ecological environment. As a late starter, China lacks sufficient experience and faces some difficulties in public interest litigation. Therefore, it is necessary to explore feasible solutions, and the study recommends four paths to optimize public interest litigation for biodiversity conservation, aiming to promote the sustainable development of the ecological environment. First, the scope of plaintiff qualification should be expanded. Second, preventive litigation should be vigorously promoted by improving legislation, issuing guiding cases, and expanding the sources of clues in preventive litigation. Third, several ways should be found to reduce the shortage of litigation funds and provide basic financial guarantees for social organizations to carry out extensive public interest litigation for biodiversity conservation. Fourth, the rules for the determination of legal liability should be improved. More reasonable, fair principles should be adopted to determine liabilities for the restoration of a damaged ecological environment.
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