China's prosecutorial public interest litigation plays key role in river basin governance

China's prosecutorial public interest litigation has become a vital tool in addressing the complex challenges of river basin and reservoir management, according to Zhang Xueqiao, deputy procurator-general of the Supreme People's Procuratorate. Speaking at a news conference on Monday, Zhang highlighted the unique role this litigation has played in forming a "relatively mature Chinese solution" to these issues.

"Managing river basins and reservoirs is a common challenge for every country," Zhang said, noting that difficulties often stem from the lack of synchronization between upstream and downstream regions and the disparities between the left and right banks of rivers. He emphasized the importance of breaking through traditional frameworks and regional regulatory barriers to foster inter-departmental cooperation, regional collaboration, and policy coordination.

To address these challenges, the Supreme People's Procuratorate has issued guiding opinions based on national strategies for the Yangtze and Yellow Rivers. These opinions aim to resolve fragmented governance and enhance coordination among different regions. Zhang explained that in cases of cross-regional ecological and environmental issues, higher-level procuratorates can directly file and handle cases. For inter-provincial issues, the Supreme People's Procuratorate has the authority to directly file, assign, or supervise cases.

Zhang cited the successful resolution of long-standing ecological issues, such as those of Lake Wanfeng, located at the borders of Guizhou, Guangxi, and Yunnan provinces, and the water pollution problems of Lake Nansi, situated at the borders of Shandong, Jiangsu, Anhui, and Henan provinces. These cases, handled using a four-level integrated approach, were resolved in record time, serving as models for overcoming basin governance challenges.

To further strengthen regional and basin-wide ecological protection, the Supreme People's Procuratorate has established collaboration mechanisms with several ministries and commissions, including the Ministry of Ecology and Environment, the Ministry of Natural Resources, and the Ministry of Water Resources. These partnerships provide institutional guarantees for coordinated environmental protection efforts.

In June 2023, the Ministry of Water Resources, in conjunction with the Supreme People's Procuratorate, the Supreme People's Court, the Ministry of Public Security, and the Ministry of Justice, launched a special law enforcement campaign to protect the safety of rivers and lakes. This campaign targeted illegal activities such as encroachments on rivers and lakes and obstructions to flood safety, resulting in the investigation of over 12,000 water-related illegal cases, according to Zhu Chengqing, vice-minister of Water Resources.

Zhu also noted that from April to December 2023, a special action was conducted to protect water resources in the Yellow River Basin. This effort identified nearly 1,000 illegal activities and recovered approximately 100 million yuan ($14 million) in water resource fees and taxes.

Zhang stated that the Supreme People's Procuratorate will continue to address basin governance challenges with a spirit of reform and innovation. The goal is to further institutionalize the public interest litigation system to better serve the ecological protection and governance of important rivers, lakes, and reservoirs.

From January 2022 to May 2024, China's procuratorial organs nationwide handled 48,000 public interest litigation cases in the water sector, including 42,000 administrative cases and 6,000 civil cases, Zhang reported.