From Marginalization to Insertion: Functional Activation of Chinese Environmental Justice

Abstract

Chinese environmental justice system has transitioned, over the past four decades, from marginalization to systematic embeddedness in state governance. Distinct from radical reconstruction or the direct extrapolation of foreign models, this evolution constitutes a «non-transplanted institutional innovation». Using historical analysis and functional comparison, this article examines how this Asian nation integrates the judicial role into a state-led structure to resolve administrative tensions and safeguard public interests. The study concludes that China has constructed a system defined by administrative-judicial collaboration mechanisms, procuratorate-led public interest litigation, and a liability regime prioritizing ecological restoration. By choosing functional insertion over reconstruction, this model achieves adaptability between judicial functions and local governance structures, effectively addressing the tension between development and environmental protection. The findings demonstrate that institutional effectiveness relies on adaptability to local contexts, offering a low-cost, gradual governance pattern oriented toward substantive restoration. This approach provides a reference of universal significance for global environmental governance.