Interpretations of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Environment-related Civil Public Interest Lawsuits

Fa Shi [2015] No.1

January 6, 2015

The Interpretations of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Environment-related Civil Public Interest Lawsuits (hereinafter referred to as the "Interpretations"), adopted at the 1631th meeting of the Judicial Committee of the Supreme People's Court on December 8, 2014, are hereby promulgated and shall come into effect as of January 7, 2015.

Interpretations of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Environment-related Civil Public Interest Lawsuits

(adopted at the 1631th meeting of the Judicial Committee of the Supreme People's Court on December 8, 2014 for implementation as of January 7, 2015)

In order to correctly hear environment-related civil public interest lawsuits, the Interpretations are formulated according to the Civil Procedure Law of the People's Republic of China (hereinafter referred to as the "Civil Procedure Law "), the Tort Law of the People's Republic of China and the Environmental Protection Law of the People's Republic of China (hereinafter referred to as the "Environmental Protection Law") and in combination with the judicial practice.

Article 1 Where legally designated institutions and relevant organizations file a lawsuit against the acts that pollute the environment and damage the ecology, which have harmed the social public interests or have the major risk of harming the social public interests, pursuant to Article 55 of the Civil Procedure Law, and Article 58 of the Environmental Protection Law and other laws, if the provisions of Item 2, Item 3 or Item 4 of Article 119 of the Civil Procedure Law are met, the people's court shall accept.

Article 2 Social organizations, private non-enterprise units, foundations and others registered in the civil administrative departments of the people's governments at the city (divided into districts) level or above in accordance with laws and regulations can be identified as the social organizations prescribed in Article 58 of the Environmental Protection Law.

Article 3 The civil administrative departments of the people's governments at the level of city (divided into districts), autonomous prefecture, union and region, prefecture-level city (not divided into districts) and district of municipality directly under the Central Government or above can be identified as the "civil administrative departments of the people's governments at the city (divided into districts) level or above" prescribed in Article 58 of the Environmental Protection Law.

Article 4 Where a social organization's purpose and main business scope specified in its articles of association are to maintain the social public interests and it is engaged in public environmental protection activities, it can be identified as "specially engages in public environmental protection activities" prescribed in Article 58 of the Environmental Protection Law.
The social public interests involved in the lawsuit filed by a social organization shall be related to its purpose and business scope.


Article 5 Where a social organization was not subject to any administrative or criminal punishment due to violation of laws and regulations by virtue of its business activities within five years before filing a lawsuit, it can be identified as "without records of violations of laws" prescribed in Article 58 of the Environmental Protection Law.

Article 6 The people's courts at or above the intermediate level at the place where the acts that pollute the environment and damage the ecology take place, the damages occur or the defendants are domiciled shall have jurisdiction as courts of first instance over environment-related civil public interest lawsuits.
Where the intermediate people's courts deem necessary, they can, after submitting the opinion to the higher people's courts for approval, decide to submit the environment-related civil public interest lawsuits over which they have jurisdiction as courts of first instance to the basic people's courts for trial.
Where the same plaintiff or different plaintiffs file an environment-related civil public interest lawsuit against the same act that pollutes the environment and damages the ecology with two or more people's courts with jurisdiction respectively, the people's court that first puts the case on file shall have jurisdiction; when necessary, the mutual superior people's court shall designate jurisdiction.

Article 7 Upon the approval of the Supreme People's Court, the higher people's courts may determine part of intermediate people's courts within its jurisdiction to accept the environment-related civil public interest lawsuits over which the higher people's courts have jurisdiction as courts of first instance according to the actual conditions of environmental and ecological protection in the area under the jurisdiction of the higher people's courts.
The higher people's courts shall determine the area in which the intermediate people's courts have jurisdiction over environment-related civil public interest lawsuits.

Article 8 The following materials shall be provided for filing the environment-related civil public interest lawsuits:
1. statement of claim conforming to the provisions of Article 121 of the Civil Procedure Law, and the copies of which shall be provided according to the number of defendants;
2. preliminary materials proving that the act of the defendant has harmed the social public interests or has the major risk of harming the social public interests;
3. in case of lawsuits filed by social organizations, registration certificates, articles of association, annual work reports or annual inspection reports for the five consecutive years before the lawsuits institution of such social organizations, as well as the statement of no illegal record signed and affixed with the official seal by their legal representatives or principals.

Article 9 If a people's court deems that the claims proposed by the plaintiff are insufficient to protect the social public interests, the court may explain the modification to the plaintiff or add the claims including the cessation of infringement, restoration to the original state and others.

Article 10 A people's court shall, after accepting an environment-related civil public interest lawsuit, deliver a copy of the statement of claim to the defendant within five days after the lawsuit is put on file and issue an announcement stating the acceptance conditions.
Where other organs and social organizations with the right to institute the action apply to participate in the action within 30 days as of the date of announcement, if they conform to the statutory conditions upon examination and verification, the people's court shall list them as the co-plaintiff; overdue applications will not be approved.
Where citizens, legal persons and other organizations apply to participate in the action for the damages to their bodies and properties, they will be informed of instituting separate actions.

Article 11 Prosecuting organs, departments responsible for supervision and management of environmental protection, and other organs, social organizations, enterprises and public institutions may support social organizations in filing the environment-related civil public interest lawsuits by providing legal advice, submitting written opinions, assisting the investigation and collection of evidence and other ways in accordance with Article 15 of the Civil Procedure Law.

Article 12 A people's court shall notify the departments responsible for supervision and management of environmental protection for the acts of the defendant within ten days after accepting an environment-related civil public interest lawsuit.

Article 13 Where the plaintiff requests the defendant to provide the names of main pollutants discharged by the defendant, discharge ways, emission concentration and total amount of emission, excessive emissions as well as the construction and operation of pollution prevention and control facilities and other environmental information, but the defendant refuses to provide those that the defendant shall have according to the laws, regulations and rules or there is evidence proving that the defendant have, if the plaintiff puts forward the claim that the relevant facts go against the defendant, the people's court may presume that the claim is tenable.

Article 14 A people's court shall investigate and collect the evidence that it deems necessary for the trial of an environment-related civil public interest lawsuit.
For the special issues for which the plaintiff shall bear the burden of proof and that are necessary for maintaining the social public interests, the people's court may appoint qualified expert to conduct the examination.

Article 15 Where a party concerned applies to notify person(s) with expertise to appear in court to provide opinions on an expert's opinions or special issues including causal relationship, ways and cost for ecological environment restoration and loss of service functions in the period from the date of damages to ecological environment to the date of restoration to the original state, the people's court may approve.
The expert's opinions prescribed in the preceding paragraph can be taken as a basis for ascertaining facts upon the cross-examination.

Article 16 For the facts admitted by and evidence recognized by the plaintiff in the litigation process which go against itself, if the people's court deems that they may harm the social public interests, they shall not be confirmed.

Article 17 In the trial of an environment-related civil public interest lawsuit, the people's court will not accept the claims proposed by the defendant in the way of counterclaim.

Article 18 For the acts that pollute the environment and damage the ecology, which have harmed the social public interests or have the major risk of harming the social public interests, the plaintiff may request the defendant to bear civil liabilities, including cessation of infringement, removal of obstruction, elimination of danger, restoration to the original state, compensation for losses and apology.

Article 19 Where a plaintiff requests the defendant to cease the infringement, remove the obstruction and eliminate the dangers so as to prevent the occurrence and expansion of the damages to the ecological environment, the people's court may provide support in accordance with the law.
Where the plaintiff requests the defendant to bear the expenses incurred by the plaintiff for taking reasonable prevention and treatment measures to cease the infringement, remove the obstruction and eliminate the dangers, the people's court may provide support in accordance with the law.

Article 20 If a plaintiff requests to restore the environment to the original state, the people's court may judge in accordance with the law that the defendant shall restore the ecological environment to the state and function before the damage occurred. In case that it cannot be restored fully, using alternative restoration is allowed.
While decreeing that the defendant shall restore the ecological environment, the people's court may determine the expenses for ecological environment restoration that the defendant shall bear when it fails to fulfill the obligation of restoration; or may also decree that the defendant shall bear the expenses for ecological environment restoration.
The expenses for ecological environment restoration include the expenses for formulating and implementing the restoration plan and the expenses for monitoring and supervision.

Article 21 Where a plaintiff requests the defendant to compensate for the loss of service functions in the period from the date of damages to ecological environment to the date of restoration to the original state, the people's court may provide support in accordance with the law.

Article 22 Where a plaintiff requests the defendant to bear the expenses for inspection and appraisal, reasonable attorney's fee and other reasonable costs for litigation, the people's court may provide support in accordance with the law.

Article 23 If it is difficult to determine the expenses for ecological environment restoration or the costs in connection with appraisal required for determining the specific amount of expenses are obviously too high, the people's court may refer to the opinions of the departments responsible for supervision and management of environmental protection and the expert's opinions to reasonably determine the amount in combination with the factors including the scope and degree of environmental pollution and ecological damage, scarcity of ecological environment, difficulty level of ecological environment restoration, operating cost of pollution prevention and control facilities, interests gained by the defendant due to the infringement and degree of fault.

Article 24 The expenses for ecological environment restoration and compensation for losses of service functions in the period from the date of damages to ecological environment to the date of restoration to the original state judged by the people's court to be borne by the defendant shall be used to restore the damaged ecological environment.
Other necessary expenses for investigation and collection of evidence, expert consultation, inspection and appraisal and others that the losing plaintiff shall bear in environment-related civil public interest lawsuits can be deducted from the above payment according to the circumstances.

Article 25 After the parties of an environment-related civil public interest lawsuit reach a mediation agreement or reconciliation agreement by themselves, the people's court shall make public the contents of the agreement for no less than 30 days.
After the expiry of the publicity, if the people's court deems that the contents of the mediation agreement or reconciliation agreement will not harm the social public interests upon the examination, a mediation statement shall be issued. If the parties apply for withdrawal of action for reason that they have reached a reconciliation agreement, such withdrawal shall not be allowed.
The mediation statement shall clearly set forth the claims, the basic facts of the case and the contents of the agreement and shall be open to the public.

Article 26 Where all claims of a plaintiff are fulfilled as the departments responsible for supervision and management of environmental protection perform the supervision and management responsibilities in accordance with the law and the plaintiff applies for withdrawal of action, the people's court shall approve.

Article 27 Where a plaintiff applies for withdrawal of action after the conclusion of the court debate, the people's court shall not approve, except for the circumstances prescribed in Article 26 of the Interpretations.

Article 28 After the judgment on an environment-related civil public interest lawsuit takes effect, where other organs and social organizations with the right to institute the action file a separate lawsuit on the same act that pollutes the environment and damages the ecology, the people's court shall accept if:
1. the action of the plaintiff of the former case is rejected;
2. the application of the plaintiff of the former case for withdrawal of action is approved, except for the circumstances prescribed in Article 26 of the Interpretations.
After the judgment on an environment-related civil public interest lawsuit comes into effect, where there is evidence proving the existence of the damages that are not discovered in the trial of the former case and other organs and social organizations with the right to institute the action file a separate lawsuit, the people's court shall accept.

Article 29 The institution of an environment-related civil public interest lawsuit by legally designated institutions and relevant organizations shall not preclude the institution of action by the citizens, legal persons and other organizations suffering the damages to their bodies and properties due to the same act that pollutes the environment and damages the ecology pursuant to Article 119 of the Civil Procedure Law.

Article 30 For the facts as ascertained in the effective judgment on an environment-related civil public interest lawsuit, the plaintiff and the defendant who file a lawsuit against the same act that pollutes the environment and damages the ecology pursuant to Article 119 of the Civil Procedure Law are not required to provide evidence to prove such facts, unless the plaintiff objects to the facts and has evidence to the contrary sufficient to invalidate the facts.
For the ascertainment about whether the defendant has the circumstances or acts of not taking or reducing the liabilities, whether there is causal relationship between the act and the damage and the level of the responsibilities borne by the defendant as made in the effective judgment on an environment-related civil public interest lawsuit, if the plaintiff who institutes a lawsuit against the same act that pollutes the environment and damages the ecology pursuant to Article 119 of the Civil Procedure Law claims to apply of the ascertainment, the people's court shall provide support, unless the defendant has evidence to the contrary sufficient to invalidate the ascertainment. If the defendant claims to directly apply the ascertainment in its favor, the people's court shall not support and the defendant shall still provide evidence to prove.

Article 31 Where a defendant bears the liabilities for environmental pollution or ecological damage both in the environment-related civil public interest lawsuit and other civil actions, if the property of the defendant is insufficient to perform all the obligations, the obligations determined by the effective judgment on other civil actions shall be fulfilled firstly, unless otherwise stipulated in the laws.

Article 32 The judgment on an environment-related civil public interest lawsuit that has become legally effective and needs enforcement measures shall be referred for execution.

Article 33 The people's court shall approve the application for deferment of payment filed by a plaintiff who has difficulty in paying litigation costs in accordance with the law.
If a plaintiff losing or partially losing the action applies for reduction of or exemption from litigation costs, the people's court shall decide whether to approve the application based on the economic conditions of the plaintiff and the circumstances of the hearing of the case in accordance with the Measures for the Payment of Litigation Fees.

Article 34 If the social organizations have the acts of seeking for economic profits through lawsuits like illegally accepting the property, the people's courts may capture the illegal gains of the social organizations or impose thereupon a fine in accordance with the law depending on the circumstances; if they are suspected to commit an offense, they shall be transferred to the relevant organs for handling.
If the social organizations seek for economic profits through lawsuits, the people's courts shall submit the judicial proposal to the registration administrative authorities or relevant organs for handling in accordance with the law.

Article 35 If the judicial interpretations and normative documents promulgated by the Supreme People's Court before the implementation of the Interpretations are inconsistent with the Interpretations, the latter shall prevail.