requestId:685d54ea411804.20384120.
On June 5, the Supreme People’s Court released the 2021 Civil Court Environmental Resources Review Case, with the relevant introduction and full text of the case as follows:
In 2021, civil courts of all levels adhered to the guidance of socialist thinking on the characteristics of Chinese characteristics in a new era, deeply understood the thinking of civilization in recent life and the thinking of the rule of law, and truly implemented the writings of General Jinping to the world The Environmental Judicial Conference mainly incites energy to tighten the party and the national affairs, and actively responds to the wonderful career needs of the people. By reviewing environmental resource criminal, civil and administrative cases in accordance with the law, implementing the most stringent source protection, damage compensation and responsibility investigation system, providing powerless judicial services and guarantees for building a new development format, promoting high-quality development, and building a beautiful China.
In order to fully demonstrate the 2021 environmental resource review mission of the Civil Court, the Supreme People’s Court selected and released the 2021 environmental resource review case of the Civil Court in 2021. The 15 cases released this time cover all types of environmental resources criminal, civil affairs, administrative, public welfare lawsuits, ecological environment damage compensation lawsuits and ecological environment repairs, and environmental purification prevention and control, ecological protection, resource development and application, and The climate change should be related to the areas related to environmental management and services. It involves many ecological factors, wide range of protection, high French revision level, and strong exploration and innovation awareness, which concentrates on the distinctive characteristics, professional requests and effectiveness effects of environmental resource review by the Civil Court.
1. Implement the most stringent and strict rule of law requests, and guarantee the new era party and state affairs bureau
National Courts insist on protecting the ecological environment with the most stringent and strictest rule of law, and strengthen the judicial service guarantee for the party and state affairs bureau. In the annual schema case released this time, the Civil Court reviewed the case of inter-provincial non-compliant law to deal with dangerous waste purification environments in the DPRK area, and sentencing the plaintiffs for producing, reselling, transporting, and replacing dangerous waste in accordance with the law, and sentenced them to commit the illegal operation of dangerous waste to deal with the illegal operation. Strictly treat medical waste disposal enterprises to avoid violating pollution discharge behavior, and to prevent environmental purification and high pressure, maintain the safety of the ecological environment and the health of the people. Appropriately apply the stop order and stop from business, and develop the corrective effect of judicial judgments and preventive protection, and help to deeply fight the pure prevention and control battle. The plaintiff’s behavior of self-introduction of external species should be followed by natural laws and regulations, and the proliferation and release should be consistent with the characteristics of the ecological environment, so as to maintain biological diversity and ecological safety in waters. Review the case of soil and water holding fees in the source area of rivers in accordance with the law, and improve the ecological environment protection of key river basins such as Changjiang and Huanghe River.. Judicial confirmation and negotiation on the compensation and settlement of the Plateau Purification Environment, build a solid plateau habits, and protect the third most ecology of the Earth. In addition, judicial protection efforts for long cities and traditional villages, safeguard historical civilization and consolidate the foundation of the Chinese nation’s civilization.
2. Completely and accurately integrate new development concepts, promote high-quality development of economic society and high-degree protection of ecological environment
The National Court actively implements new development concepts, implements the principles of ecological priority and green development, and provides judicial services to the side structural transformation, and properly coordinates the relationship between protecting the ecological environment and promoting economic development. In the classic cases released this time, the Civil Court reviewed the disputes involving the planning, construction and production of high-energy-consuming and high-emission enterprises in accordance with the law, encouraged clean production, and promoted green transformation and upgrading of key industries and major areas. Review the cleanup and reorganization cases of high-energy-consuming and high-emission enterprises in accordance with the law, set up “economy guarantee” investment conditions, formulate green reorganization plans, and promote enterprises to regenerate and embark on the green and low-carbon development path. In the case of large-scale charity pledge of automobile manufacturing enterprises, the creative development from the perspective of reducing purified emissions offsetting excess emissions has prompted the plaintiff enterprises to realize the ecological repair by donating new power electric vehicles for public welfare, and promote the reduction of backward production capacity and expand green production capacity. Explore the use of public welfare trust methods to govern the ecological environment repair prices of public welfare lawsuits, and entrust a third party to limit the repair prices to green public welfare projects, so as to realize the repair of ecological environment and promote the development of environmental protection industries.
3. Adhere to the concept of restorative judicial system, strengthen the actual consequences of ecological environment repair
The Civil Court attaches great importance to the actual review of the consequences of ecological environment repair behavior, explores innovative methods of judicial enforcement, and promotes useful reconstruction of the ecological environment. In the classic cases released this time, the Civil Court clearly determined that the price of technological transformation deducted the price of ecological environment repair, and should guide, encourage and support enterprises to help them, and take the conditions for adopting legal measures to reduce environmental risks, reduce environmental risks, and maintain environmental public benefits without the enforced request. In cases of environmental damage, negative reviews are made on the behavior of unscientific and unscientific student repairs such as different species introduced from abroad, and guide scientific research to carry out ecological repairs with fairness. In cases of illegal discharge of dangerous waste liquid purification, the illegal and rehabilitation of ecological conditions were strictly cracked down on illegal activities, and the consultation agreement reached between the administrative department of the ecological environment and the responsible subject in accordance with the law, and the price of ecological environment damage and subsequent disposal are determined in a timely manner, laying the foundation for rehabilitation of ecological conditions. In public welfare lawsuit cases for contact and severe reconstruction projects, new methods such as broadening rivers to ensure safe flooding and safety are eliminated, and the safety of the lives and property of the people are protected.
4. Extend the review ability, promote the legal level of ecological environment management
The Civil Court supervises the support administrative agency to perform its duties in accordance with the law, establishes a long-term and effective mechanism for joint efforts, and promotes the legal level of legal protection for the ecological environment.Shun. In the classic cases released this time, the Civil Court covered urban management problems such as poor maintenance of ancient trees and wood pipes and public benefits, and promoted the administrative department to improve its mission efficiency and build a harmonious urban home in which people and nature are symbiosis. In cases involving administrative voting and adjustment of administrative public welfare claims, accurately identify the scope of the vocational ability of other departments and promote administrative agencies to perform their duties in accordance with the law. During the case handling process, information sharing is implemented through joint mechanisms, judicial suggestions, and cable transfer, etc., to promote the effectiveness of environmental management, and to build a perfect, comprehensive, comprehensive, and comprehensive ecological environment protection rule of law system.
In the future, the Civil Court will further guide the socialist thinking of the characteristics of Chinese characteristics in a new era, deeply implement the modern civilization thinking and the rule of law thinking, fully utilize the ability to influence the judgment, constantly summarize the review experience, and strengthen the application of unified laws. Continue to provide high-quality development of economic society, accelerate the promotion of environmental resource review systems and review talents, and implement the responsibility of ensuring ecological civilization construction and beautiful China, and provide double the powerless judicial services and guarantees for the modernization of the symbiosis between builders and nature.
2021 Civil Court Environmental Resources Review Case
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