Specialised Environmental Courts in China: Status Quo, Challenges and Responses

Specialised environmental courts have developed rapidly in China owing to severe environmental degradation, increasing environmental disputes and the need for more professionalised trials. As of 2011, nearly 100 such courts, consisting of four different modes, had been established in 15 provinces, and the number is still increasing. Some normative documents have been formulated to guide these pilot projects. However, environmental courts in practice still face dilemmas and challenges, among which the most important issues are legality, caseload and procedure: current legislation does not provide a legal basis for some models; low caseloads have prohibited the new establishment of such courts and have even caused the cancellation of some existing courts; and, most importantly, the lack of an independent procedure has made the necessity and legitimacy of those pilots doubtful. This article explores the reasons for and nature of these problems and makes recommendations based on comprehensive scientific, legal, social and economic considerations.