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China Looks to Enhance Judicial Oversight of Environmental Malpractice

In a bid to improve the judicial oversight of environmental transgressions, the General Office of the Ministry of Justice has issued a Circular on Improving the Oversight of the Management of Judicial Expertise with Regard to Environmental Damage.

Among its recommendations are the following:

  • Enhanced guidance to be provided to judicial bodies tasked with environmental oversight
  • A database of court cases relating to incidences of environmental malpractice to be compiled, with the Ministry of Justice designating selected cases as precedents for future judicial action
  • Institutions with judicial expertise to be encouraged to conduct assessments free of upfront fees in any prospective litigation deemed to be in the wider public interest
  • A blacklist of entities and individuals with a history of environmental malpractice will be compiled, with the relevant judicial bodies tasked with monitoring duly-designated transgressors and ensuring appropriate remedial action is undertaken in a timely and expeditious manner. Should any listed entity / individual satisfactorily complete the required restorative programme and commit no further violations over a six-month period, they may then be considered for removal from the list

Source: Ministry of Justice

Content provided by Picture: HKTDC Research
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