On November 7, JAVY law firm successfully held the activity of “Environmental Public Interest Litigation: The Three Kingdoms”, which was delivered by Mr. Wang Wenyong, senior partner of JAVY law firm and deputy director of Energy, Natural Resources and Environmental Protection Law Committee of Beijing Municipal Lawyers Association.
Mr. Wang Wenyong said that the theme of the event “Three Kingdoms” actually symbolizes the wonderful interpretation of the three major types of environmental public interest litigation, i.e. public interest litigation initiated by social organizations, promoted by procuratorial organs and led by the government. Immediately thereafter, Mr. Wang gave a concise introduction to the three types of public interest litigation and explored in detail the intrinsic connection and unique characteristics between the three types of public interest litigation.
By citing the Supreme People's Court and the Supreme People's Procuratorate promulgated the relevant judicial interpretation, Wang focuses on the environmental civil public interest litigation and the prosecution of civil public interest litigation, ecological and environmental damages litigation and civil public interest litigation in the order of priority considerations. He said that the priority is mainly reflected in the following two points:
(1) the environmental civil public welfare litigation filed by social organizations for the prosecution of civil public welfare litigation has priority. The priority of the lawsuit filed by social organizations, reflecting the State Procuratorate in the public judicial participation in environmental protection has a modest attitude, in line with the basic principles of the rule of law for the environment.
② according to the current regulations, in the court of ecological damages and civil public welfare litigation at the same time, the ecological damages lawsuit has priority. But the government brought ecological damages litigation priority, in reality, caused part of the ecological civilization is not in line with the principle of the rule of law and public order and morality, should be corrected.
Wang lawyer with the help of shandong jincheng chemical dumping of hazardous waste and quanzhou port carbon 9 leakage of the two classic cases, vivid and intuitive show the environmental public interest litigation in the reality of the operation and judicial practice in the specific understanding and application of the aforementioned problems. He believes that the priority of the application of the problem should first straighten out the relationship between the three, and straighten out the relationship between the three basic principles should be to return to the fundamentals of the rule of law of the environment, back to public interest litigation belongs to the public participation under the big topic.
In the interactive exchanges, Mr. Wang gave professional and detailed answers to the questions raised by the attorneys, and guided the attorneys to deeper thinking. At this point, the activity came to an end in a warm and orderly atmosphere.
JAVY law firm has always been committed to consolidate the construction of lawyers and excellent law firms, industry experts exchange and interaction platform, to promote the personal development of lawyers, thick plant legal expertise and skills, for lawyers to empower.
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