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Z. Wu
it is imperative to construct a sound PIL system through judicial practice, for which
the Xi Jinping Thought on Ecological Civilization offers valuable guidance.
First, the scientific outlook on nature of the Thought represents the highest goal
for constructing the EPIL system. EPIL is a type of PIL for environmental protection,
and its system is of course constructed to protect the public interest in environmental
protection. The scientific outlook on nature, which advocates respect for nature,
conforming to nature, protecting nature, sustainable development and harmonious
coexistence of man and nature, inevitably manifests the biggest “public interest” in
the system for environmental protection. While defining and improving the qualifications of principal players, the scope, and the compensation system of EPIL, we
must follow the scientific outlook on nature to ensure that the EPIL system can truly
work.
Second, the concept of green development in Xi Jinping Thought on Ecological
Civilization is the ideological basis for constructing a sound EPIL system and effectively balancing the relationship between economic development and environmental
protection. Green development requires a balanced relationship between economic
development and environmental protection, but PIL is often based on public interest
damage, and its institutional value echoes the value in the traditional areas of infringement, with emphasis on the compensation of damage and legal punishment. To uphold
the concept of green development, we must place equal emphasis on incentive and
punishment, and balance environmental protection and economic development while
exploring and designing specific systems. The Supreme People’s Court has called for
piloting installment payments based on such factors as the subjective fault and operating conditions of the indemnity obligor, and exploring diversified means to assume
responsibilities.” This is an attempt to balance the relationship between incentive
and punishment and in line with the concept of green development.
Third, the concept of ecological democracy in Xi Jinping Thought on Ecological
Civilization is a strong guarantee for constructing a sound EPIL system that engages
the general public, democratic, and people-centered. As far as environmental protection is concerned, public powers alone produce limited effects. From the evolution
and regulatory structure of PIL in various countries, we can see that public engagement has been considered as an important factor since its birth. In other words, the
public power of environmental protection is re-allocated to give the public extensive governance authority. To uphold the ecological democracy concept, we must
consider as much as possible the procedures and forms of public participation in
justice when designing the system, and effectively follow the path of modern environmental governance that is non-for-profit, democratic and participated in by the
general public.
Fourth, the concept of law-based ecological protection is the fundamental guarantee for improving the modern environmental governance system by promoting
the rule of law. “The most rigorous environmental protection system and law-based
environmental protection concept adopted demonstrate the central government’s firm
determination to promote ecological progress, and at the same time highlights the
importance of rule-of-law thinking and methods.” Therefore, the people’s courts
must follow the requirements of Xi Jinping Thought on Ecological Civilization
Z. Wu
it is imperative to construct a sound PIL system through judicial practice, for which
the Xi Jinping Thought on Ecological Civilization offers valuable guidance.
First, the scientific outlook on nature of the Thought represents the highest goal
for constructing the EPIL system. EPIL is a type of PIL for environmental protection,
and its system is of course constructed to protect the public interest in environmental
protection. The scientific outlook on nature, which advocates respect for nature,
conforming to nature, protecting nature, sustainable development and harmonious
coexistence of man and nature, inevitably manifests the biggest “public interest” in
the system for environmental protection. While defining and improving the qualifications of principal players, the scope, and the compensation system of EPIL, we
must follow the scientific outlook on nature to ensure that the EPIL system can truly
work.
Second, the concept of green development in Xi Jinping Thought on Ecological
Civilization is the ideological basis for constructing a sound EPIL system and effectively balancing the relationship between economic development and environmental
protection. Green development requires a balanced relationship between economic
development and environmental protection, but PIL is often based on public interest
damage, and its institutional value echoes the value in the traditional areas of infringement, with emphasis on the compensation of damage and legal punishment. To uphold
the concept of green development, we must place equal emphasis on incentive and
punishment, and balance environmental protection and economic development while
exploring and designing specific systems. The Supreme People’s Court has called for
piloting installment payments based on such factors as the subjective fault and operating conditions of the indemnity obligor, and exploring diversified means to assume
responsibilities.” This is an attempt to balance the relationship between incentive
and punishment and in line with the concept of green development.
Third, the concept of ecological democracy in Xi Jinping Thought on Ecological
Civilization is a strong guarantee for constructing a sound EPIL system that engages
the general public, democratic, and people-centered. As far as environmental protection is concerned, public powers alone produce limited effects. From the evolution
and regulatory structure of PIL in various countries, we can see that public engagement has been considered as an important factor since its birth. In other words, the
public power of environmental protection is re-allocated to give the public extensive governance authority. To uphold the ecological democracy concept, we must
consider as much as possible the procedures and forms of public participation in
justice when designing the system, and effectively follow the path of modern environmental governance that is non-for-profit, democratic and participated in by the
general public.
Fourth, the concept of law-based ecological protection is the fundamental guarantee for improving the modern environmental governance system by promoting
the rule of law. “The most rigorous environmental protection system and law-based
environmental protection concept adopted demonstrate the central government’s firm
determination to promote ecological progress, and at the same time highlights the
importance of rule-of-law thinking and methods.” Therefore, the people’s courts
must follow the requirements of Xi Jinping Thought on Ecological Civilization