82 J.L. Pol'y & Globalization 1 (2019)

handle is hein.journals/jawpglob82 and id is 1 raw text is: 


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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