674
Y. Dong
solve some deep-seated problems with environmental governance, including transboundary pollution, local governments’ assuming responsibilities for environmental
quality and the accountability path, and who’s responsible for fixing, repairing the
long-standing environmental pollution problems, low pollution costs, environmental
law enforcement and fair market competition. Environmental lawyers can provide
useful proposals and play a pivotal role in tackling these problems.
4. Lawyers should advise responsible individuals on guarding against environmental legal risks and resolving disputes
With the continuous advancement of ecological and environmental protection work,
the political risks, criminal risks, and civil liability risks have drastically increased
for natural persons related to pollution and ecological damage, such as the main
responsible persons of local Party committees and governments, the main responsible persons of the ecology & environment authorities and other relevant functional
departments, and the legal representatives, actual controllers and direct supervisors
of enterprises. Lawyers can provide them with the following legal services to safeguard their lawful rights: guarding against environmental administrative and criminal
liability risks for the main leaders and direct supervisors of the Party and government organs; guarding against environmental administrative and criminal liability
risks for the main leaders and direct supervisors of the ecological and environmental protection authorities and related departments; guarding against environment
criminal liability risks for the legal representatives, actual controllers and direct
supervisors of enterprises.
3 Challenges Facing Lawyers in Providing Legal Services
for Ecological Conservation
1. The shortage of professional lawyers seriously restricts business development
Legal services for ecological conservation require professional knowledge in law,
environment, resources, energy, economics, finance, society, etc. Lawyers should be
familiar with not only the latest national environmental policies, institutions, laws
and regulations, but also the international development trend in such sectors as new
energy, low-carbon economy, resource recycling and environmental protection. They
must be specialized and inter-disciplinary at the same time, but such lawyers are in
severe shortage in reality. The shortage of professional lawyers has severely restricted
the development of the green legal service market.
Y. Dong
solve some deep-seated problems with environmental governance, including transboundary pollution, local governments’ assuming responsibilities for environmental
quality and the accountability path, and who’s responsible for fixing, repairing the
long-standing environmental pollution problems, low pollution costs, environmental
law enforcement and fair market competition. Environmental lawyers can provide
useful proposals and play a pivotal role in tackling these problems.
4. Lawyers should advise responsible individuals on guarding against environmental legal risks and resolving disputes
With the continuous advancement of ecological and environmental protection work,
the political risks, criminal risks, and civil liability risks have drastically increased
for natural persons related to pollution and ecological damage, such as the main
responsible persons of local Party committees and governments, the main responsible persons of the ecology & environment authorities and other relevant functional
departments, and the legal representatives, actual controllers and direct supervisors
of enterprises. Lawyers can provide them with the following legal services to safeguard their lawful rights: guarding against environmental administrative and criminal
liability risks for the main leaders and direct supervisors of the Party and government organs; guarding against environmental administrative and criminal liability
risks for the main leaders and direct supervisors of the ecological and environmental protection authorities and related departments; guarding against environment
criminal liability risks for the legal representatives, actual controllers and direct
supervisors of enterprises.
3 Challenges Facing Lawyers in Providing Legal Services
for Ecological Conservation
1. The shortage of professional lawyers seriously restricts business development
Legal services for ecological conservation require professional knowledge in law,
environment, resources, energy, economics, finance, society, etc. Lawyers should be
familiar with not only the latest national environmental policies, institutions, laws
and regulations, but also the international development trend in such sectors as new
energy, low-carbon economy, resource recycling and environmental protection. They
must be specialized and inter-disciplinary at the same time, but such lawyers are in
severe shortage in reality. The shortage of professional lawyers has severely restricted
the development of the green legal service market.