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Journal of Law, Policy and Globalization www.iisteorg
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) DOI: 10.7176/JLPG t
Vol.82, 2019 nSTE
The Hodgepodge and Echelon of Citizens Participation in
Environmental Law Enforcement of China:The 2015
Environmental Protection Law in Focus
Ayalew Abate Bishaw
The author has LLB from Haromaya University in Ethiopia and LLM from Alabama University law School of
USA. He has been a staff of Debre Markos University Law School, (www.dmu.et.edu.com) Ethiopia.
Currently he is SJD Candidate at Zhejiang University Guanghua Law School (http://net.zju.edu.con). Guanghua
Law School Zhejiang University 51 Zhejiang Road, Hangzhou Zhejiang Province, 310008,
China. He can be accessed at: Email: tsion.ayelama4yahoo.com, Mob: +8613735446506, +251918748526. He
takes all the responsibility in this work. Orcid Id: https://orcid.org/ooo-0002-6712-9849
Abstract
Among others, empowering the citizen in the environmental law enforcement was mentioned the reason for the
1989 environmental law reform in China for the 2015 environmental protection law adoption. The success of
reform, however, has not been yet assessed and there is strong reason for scrutiny towel appreciate the nuts and
hats of citizen participation in the environmental law enforcement. This article analysis the hodgepodge and
echelon of citizen's participation in the 2015 environmental protection law of China with regard to enforcement
by clarifying the definitions of law enforcement and citizen participation in light of recent international legal
development and understanding. It explores the forms and types of citizen participation recognized by the law in
an effort to identify the magnificent reforms of the new law and elucidate on the pitfalls. The existing literatures
relating to citizen participation in environmental law enforcement are reviewed and doctrinal scrutiny was made
on the environmental protection law. The finding confirms that citizen participation has got wide and onerous
recognition, albeit their empowerment to take court action in the public interest has some stringent requirement
and limitation. Citizen participation is crucial in environmental protection and is an evolving principle in
environmental law enforcement. And hence additional effort to include citizens right of court action in the
environmental enforcement may, fortunately, upgrade the law to the highest scale and may attract a huge
enforcement contribution from the public wing.
Keywords: Public interest, citizen participation, Environmental Law Enforcement, and citizen's rights,
hodgepodge and echelon
DOI: 10.7176/JLPG/82-01
1. Introduction
The environmental situation in China has been one of the most alarming' that justifies citizen participation or
involvement a necessity than complementary or just supplementary proper2. Besides participating the citizen in
the environmental law enforcement is governed by the rule of law in the environmental decision making that
signals accountability of the government which is an essence of the environmental social democracy-an essence
of Chinese political philosophy. Social democracy is the basic principle that China has been aspiring to achieve in
its political objective. Thus citizen participation in the environmental law enforcement is a corollary of Chinese
government underpinning principle of 'Mobilizing the Masses for Social Change'.
Further citizen involvement in the environmental law enforcement has got international legal recognition, as
significantly contributing in the environmental protection effort and meeting environmental protection objectives3.
'See Tyler Liu (2015) China's Revision to the Environmental Protection Law: Challenges to Public Interest Litigation and Solutions for
Increasing Public Participation and Transparency, Jonathan Kaiman in his expression has described China's Pollution as it resembles nuclear
winter. See Jonathan Kaiman, China's Toxic Pollution Resembles Nuclear Winter, Say Scientists, and the Guardian Feb. 25 2014. Link:
http://www.theguardian.com/world/2014/feb/25/china.
Further as reported by Asian Development Bank, Asian Development Bank, Toward an Environmental Sustainable Future; Country
Environmental Analysis of the People's Republic of China (may 28, 2012), less than 1% of China's 500 largest cities met the World Health
Organization's (WHO) air quality standards that shows the terrifying situation of China environment. Further it is reported also that the air and
water quality in china is remarkably poor that causes health risk to much number of the population. These all proves the horrible situation that
the people and the government are faced with regard to environmental problem.
See also Han Yong, Environmental Index: Measuring Up, News China (Oct.2015), http://www.newschinamag.com/magazine/measuring-up
that shows in China less than ten percent of 161 Cities included in the national air quality monitoring system met national standards.
2 Citizens' involvement in such environmental situation can't in any case be understood to be complementary to the government service but is
necessity in that vibrant citizens need to be created made involved in the enforcement. It is more than complementary proper.
' See A Du Plessis (2008), Public Participation, Good Environmental Governance and Fulfillment of Environmental Rights, PER /PELJ
2008(11)2. It may be accessed from: https://repository.nwu.ac.za/bitstream/handle/10394/1885/2008x2x 6a Du Plessisart.pdf.sequence=3 ,
Last Accessed on 18 Nov 2018 at 2:00 PM, P.2. See also Southern Africa Legal Information Institute (SAFLII) (2008), Public participation,
Good Environmental Governance and fulfillment of Environmental rights [2008] PER 12 as accessed from
http://www.saflii.org/za/journals/PER/2008/12.html#sdfootnote5anc , Last accessed on 17 Nov.2018
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