Archive for ‘China’

The Challenge of Litigation Costs and Damage Assessment Fees in Environmental Public Interest Litigation in China

The Challenge of Litigation Costs and Damage Assessment Fees in Environmental Public Interest Litigation in China

By Yu Zhuang.

From January 2015 when the new Environmental Protection Law (EPL) took effect to the end of 2016, courts in China have accepted 112 environmental public interest litigation (EPIL) cases filed by non-governmental organizations (NGOs). But, as of November 2016, only six NGOs have brought EPIL cases, down from eleven in 2015. In light of China’s mounting environmental crisis and the fact that over 700 NGOs are eligible to file EPIL cases under the EPL, the number of EPIL cases filed and the NGOs filing these cases are surprisingly low. One reason is the high upfront costs and risks borne by NGOs, which includes litigation costs paid to courts and damage assessment fees. These costs and fees constitute a formidable barrier to environmental NGOs because many of them operate on constrained budgets. As a result, very few NGOs can afford to pursue legal action. […]

Will China Recognize Same-Sex Marriage? Take a Look at China’s One-Child Policy

Will China Recognize Same-Sex Marriage? Take a Look at China’s One-Child Policy

By Howell Ma.

The legalization of gay marriage is being argued in China right now. It is has been discussed in the society for years, especially after the United States (“U.S.”) Supreme Court Obergefell ruling came out in 2015. Constantly, there are discussions regarding why it is so difficult for the People’s Republic of China (“PRC”) to recognize same-sex marriage while ancient China had relatively more tolerant policies towards same-sex relationships. This article argues the greatest challenge is not the constitutional grounds, but rather social hurdles: traditional Confucian culture, the government’s ignorance of the existence of lesbian, gay, bisexual and transgender (“LGBT”) people in China, and the general mass social views of homosexuality and same-sex marriage in China. […]

Environmental Public Interest Litigation (EPIL) in China – Background and Overview

Environmental Public Interest Litigation (EPIL) in China – Background and Overview

By Yu Zhuang.

Environmental Public Interest Litigation (EPIL) in China permits qualified environmental non-governmental organizations (NGOs) to file litigation to protect the public interest in safeguarding the environment and natural resources from pollution and ecological destruction. It took China almost ten years to establish the EPIL scheme in law and may take several more years to fine-tune the EPIL system through practices. […]