An official with the State Environmental Protection
Administration (SEPA)
said that China should set up a public interest litigation
mechanism to help individuals protect themselves and the
environment against polluters.
Such a mechanism would give the public the right to sue
polluters -- a right they now lack, according to Pan Yue, SEPA's
deputy director. The court could then order the violators to stop,
pay for damages and restore the environment.
Yue pointed out that the power of administrative authorities at
various levels is somewhat limited. Most notably, they lack a
mandate to punish violators.
But the status of public interest litigation is not clear under
existing laws. The essential result is that people cannot sue
polluters. Yue warned that a failure to resolve the conflict
between violators and victims is likely to threaten social
stability and security.
"Given that the administrative authorities don't have enough
power or strength to solve the widespread environmental violations,
we suggest the people bring actions against the violators," he
said.
(Xinhua News Agency October 25, 2004)