On the morning of October 16, the world-renowned 20th National Congress of the Communist Party of China opened in of the Great Hall of the People. On behalf of the 19th Central Committee, Xi Jinping delivered a report to the Congress, emphasizing the adherence to the comprehensive rule of law and the promotion of the construction of a rule of law in China.
report points out that
Nature is the basic condition for humans to survive and develop. Respect, adapt to and protect nature are inherent requirements for to comprehensively build a modern socialist country. We must firmly establish and practice the concept that green waters and green mountains are gold and silver mountains, and plan development from the perspective of harmonious coexistence between man and nature. We must promote the construction of beautiful China , adhere to the integrated protection and systematic governance of mountains, rivers, forests, fields, lakes, grasslands and sands, coordinate industrial structure adjustment, pollution control, ecological protection, and climate change response, coordinate the promotion of carbon reduction, pollution reduction, green expansion and growth, and promote ecological priority, conservation and intensive, green and low-carbon development.
For ten years, the people's courts have continued to promote the process of environmental rule of law. Environmental and resource trials have become an important window to show the people's courts' judicial service for the people and fair justice, and an important force in serving and ensuring the construction of ecological civilization.
Using the strictest system and the most stringent rule of law to protect the environment
In the ten years of the new era, the people's courts have focused on the overall work of the Party and the country, fully played the role of environmental and resource trial functions, served and guaranteed the construction of ecological civilization, and concluded 1.965 million environmental and resource cases of various types.
Among them, the people's courts severely punish crimes of destroying the ecological environment in accordance with the law, and concluded 244,000 criminal cases of environmental resources; fully relieve the civil rights and interests of the environment, and concluded 1.378,000 civil cases of environmental resources; supported and supervised the performance of duties of administrative agencies, and concluded 343,000 administrative cases of environmental resources; implemented the responsibility for environmental value and damage, and concluded 15,800 environmental public interest litigation cases; held liability for ecological and environmental damage compensation in accordance with the law, and concluded 335 ecological and environmental damage compensation cases.
Courts at all levels severely punish illegal discharge of wastewater in accordance with the law, cross-dumping and disposing of hazardous waste and other prominent crimes, and trial cases involving heavy pollution weather and black and odorous water bodies in accordance with the law, effectively maintain and improve the living environment, so as to simultaneously improve the "ecological appearance" of green waters and green mountains and the "happiness index" of people's lives.
The Supreme People's Court concluded the public interest litigation case of "Tengri Desert Pollution", the Shanghai Court concluded the "foreign garbage" case, the Jiangsu Court concluded the "sky-high" water pollution case in Taizhou, the Yangtze River shipping ship secretly discharged oil-containing sewage... A series of landmark cases have been recorded in history, turning the legal provisions that protect environmental rights and interests into fresh judicial practice, and effectively promoting the process of the rule of law in the ecological environment.
Over the past decade, the people's courts have formulated 21 judicial interpretations for environmental pollution crimes, environmental infringement, and environmental public interest litigation, and have built a pragmatic, effective, and strict and strict environmental resource judgment rules system. Issuing judicial interpretations such as environmental infringement prohibition orders, punitive compensation , etc., to timely and effectively protect the ecological environment with preventive and punitive judicial measures. Actively participate in the legislative work of the Civil Code , the Yangtze River Protection Law , and other legislative work, and promote the establishment of green principles of the Civil Code.
One case is better than a dozen files. Over the past ten years, the People's Court has issued 26 environmental and resource guidance cases, including the "Sanqingshan Giant Python Peak" case, and 280 typical cases, strengthening guidance on similar cases and unifying the judgment standards.
People's Court thoroughly implements the national strategy for biodiversity protection, clarifies judicial protection rules for biological populations and living environment, and cracks down on illegal fishing and endangering wild animals and plants in the entire chain. The Yunnan court concluded major cases such as the "Green Peacock Preventive Protection" case, and declared a clear judicial orientation to maintaining biosecurity .
At the same time, the People's Court specially studied judicial rules for carbon emission rights trading disputes, drafted guidance on judicial support for carbon peak carbon neutrality targets to serve emission reduction and carbon reduction, and respond to climate change. Issuing guiding opinions on serving and ensuring the construction of ecological civilization in the new era, properly hearing cases involving high-energy-consuming and high-pollution enterprise planning and construction and production disputes, and promoting the green upgrading of the industrial structure. Issuing guidance on severely punishing the crime of stealing mineral resources and maintaining the security of mineral resources and ecological environment.
Chinese characteristics Environmental and Resource Trial System Basically established
For ten years, the people's courts have continued to deepen reform and innovation, improved specialized trial organizations, implemented the "three-in-one" centralized trial mechanism, and classified criminal, civil and administrative cases of environmental resources to specialized trial institutions or organizations for trial.
The Supreme People's Court has specially set up an environmental and resource trial court and approved the establishment of environmental and resource courts in Nanjing, Lanzhou, Kunming, Zhengzhou and Changchun. Up to now, courts across the country have established 2,426 specialized institutions or organizations for environmental and resource trials, and the specialized organizational structure covering four-level courts has been basically established.
In addition, the people's courts have deeply explored the diversified cross-administrative centralized jurisdiction model, effectively solved the "home and away" problem of environmental protection, promoted the systematic governance of the ecological environment, and improved the professional level of trial.
The Supreme People's Court issued opinions on serving and guaranteeing Yangtze River and the Yellow River Basin to promote the construction of multi-level judicial cooperation mechanisms along the Beijing-Tianjin-Hebei, Yangtze River Delta , Grand Canal , South-to-North Water Diversion , and other courts to jointly build a multi-level judicial cooperation mechanism to serve the systematic protection and integrated development of basin areas.
People's Court has successively issued judicial interpretations on environmental civil public interest litigation, procuratorial public interest litigation, and ecological and environmental damage compensation, jointly issued relevant opinions with relevant departments, innovatively improve and refine the environmental public interest litigation system , and heard environmental public interest litigation cases in accordance with the law, effectively safeguarding national interests, social public interests and the people's environmental rights and interests.
Since 2015, courts at all levels across the country have protected the right to litigate the environmental public interest of social organizations in accordance with the law, and have heard 829 environmental civil public interest litigation cases filed by social organizations. Since the pilot project of public interest litigation was launched by the procuratorate in July 2015, 15,000 public interest litigation cases have been heard in the ecological environment procuratorate.
To promote ecological environment restoration, courts in various places follow the laws of nature, implement the concept of restorative judicial, explore and innovate the unique judgment execution methods of various environmental resource trials such as replanting and greening, reproduction and release, labor compensation, technical transformation deduction, and subscription of carbon sinks, and build a series of ecological judicial restoration bases to provide comprehensive restoration options for different types of natural environments and ecosystems.
contributes to global environmental judicial governance Chinese solutions
Over the past decade, the people's courts have continuously expanded the breadth and depth of international exchanges and provided Chinese solutions to promote the establishment of a fair, reasonable, and win-win global environmental judicial governance system -
successfully held the World Environmental Justice Conference , drafted and promoted the passage of the " Kunming Declaration ", clarifying that environmental justice should uphold the principles of fair, common but differentiated responsibilities and their respective capabilities, the principle of protecting and sustainable use of natural resources, and the principle of responsibility for damage to the "three major rule of law principles".
held the Boao Forum for Asia Environmental Justice Sub-forum, the BRICS National Justice Forum and signed the "Sanya Statement", organized many international meetings such as judicial response to climate change, formed important achievements such as the "International Symposium on Environmental Justice Beijing Consensus", participated in the 15th Conference of the Parties for Ecological Civilization, the World Congress of Conservation for Conservation of Nature and other seminars, and promoted the achievements of China's environmental justice work.
At present, the UN Environment Program database has specially set up the China Environmental Justice Section, which includes two batches of 20 typical cases of environmental and resource trials in China and 4 annual reports. Many cases heard by Chinese courts have received high praise internationally, and the "Green Peacock Protection Case" has been ranked first among the top ten cases of biodiversity in the world.
Next step, the People's Court will continue to implement Xi Jinping's ecological civilization thought and Xi Jinping's rule of law thought, firmly protect the beautiful China with blue sky, green land, clear water, and strive to contribute judicial strength to the construction of a modernization of harmonious coexistence between man and nature.
Sichuan Ganzi Tibetan Autonomous Prefecture Intermediate People's Court
Director of the Environmental Resources Trial Trial Division Wang Tong
The report of the 20th National Congress of the Communist Party of China is inspiring and inspiring, providing guidance for our future development and work, and pointing out the direction.As a judge of the Environmental Resources Trial Court, I will deeply understand the spirit of General Secretary Xi Jinping’s important speech, strive to improve the quality of the law, keep the original aspiration in mind, and lead the team to fairly hear criminal, civil and administrative cases involving environmental and resource resources in the jurisdiction around social fairness and justice; conscientiously implement the concept of harmonious coexistence between man and nature, deeply build a working mechanism of "restorative judicial practice + socialized comprehensive governance", and severely crack down on behaviors that destroy the ecological environment. Create a favorable environment for the protection of endangered wild animals and plants in the whole province, provide strong legal guarantees for the development of all-round tourism and the protection of the ecological barrier in the upper reaches of the Yangtze River, and contribute to the promotion of the construction of a rule of law in China and the realization of the great rejuvenation of the Chinese nation.
Source: People's Court News and Media General Office
Text compilation: Wan Ziqian | Editor: Ping Yuxiao
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