중국 환경민사공익소송 소송비용제도의 현황 및 개선방안

Abstract

Starting from January 1, 2013, with the implementation of Article 55 of the Civil Procedure Law of the People's Republic of China, the Environmental Civil Public Interest Litigation system was established at the legal level for the first time. This marked a new stage for China's Environmental Civil Public Interest Litigation, transitioning from theory to practice, and signified that Chinese law has taken a substantial step towards Environmental Civil Public Interest Litigation. According to the current legal provisions, China also adopts the principle of the losing party bearing the litigation costs, and this principle is applied in Environmental Civil Public Interest Litigation cases as well. Legally, there is no issue with this principle, but it may dampen the enthusiasm of social organizations as plaintiffs in environmental civil public interest litigation, be detrimental to the protection of public interests, and even hinder the development of public interest litigation. Currently, there are issues with the litigation costs system in China's Environmental Civil Public Interest Litigation, such as the excessive discretion of judges, the still high litigation costs that environmental protection organizations must bear, and the significant difference in litigation cost payment standards between the people's procuratorate and environmental protection organizations. This paper proposes improvements to limit the decision-making power of judges, reduce the litigation costs (case acceptance fees, appraisal costs, attorney fees, and other necessary costs) for environmental protection organizations, and ensure that the litigation cost payment standards are the same for both the people's procuratorate and environmental protection organizations. A scientific and rational system for Environmental Civil Public Interest Litigation costs is beneficial for guaranteeing the litigation rights of the parties involved, and amending and improving the litigation costs system for Environmental Civil Public Interest Litigation is not only necessary for the progress of the rule of law in China but also for the rapid development of society.