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)