The Supreme People's Court has issued guidelines: Providing judicial services and safeguards for ecological and environmental protection in the new era.
Release time:
2018-06-27
Source:
On the afternoon of June 4, on the eve of World Environment Day on June 5, the Supreme People's Court released in Beijing the "Opinions of the Supreme People's Court on Deeply Studying and Implementing Xi Jinping’s Thought on Ecological Civilization to Provide Judicial Services and Safeguards for Ecological and Environmental Protection in the New Era" (hereinafter referred to as the "Opinions"). The Opinions emphasize the need to protect the ecological environment with the strictest systems and the most rigorous rule of law, and to implement the strictest systems for source protection, damage compensation, and accountability through specialized environmental resource adjudication. At the same time, the Supreme People's Court also announced ten typical cases that provide judicial support and safeguards for ecological civilization construction in the new era.
The “Opinions” emphasize the need to consistently guide environmental and resource adjudication work with Xi Jinping’s Thought on Ecological Civilization, adhering to principles such as putting the people at the center, fostering harmonious coexistence between humanity and nature, recognizing that lucid waters and lush mountains are invaluable assets, and promoting systematic protection of the integrated ecosystem comprising mountains, rivers, forests, farmland, lakes, and grasslands. It calls for comprehensively taking into account the conservation needs of all elements within the natural ecosystem, exploring innovative approaches to trial and enforcement, and advancing holistic ecological protection, systematic restoration, regional coordination, and comprehensive governance.
The “Opinions” clearly state that services should support and safeguard pollution prevention and ecological security protection. We must help win the tough battle against pollution and effectively guarantee the people’s right to live in a clean environment characterized by blue skies, clear waters, pristine soil, and quiet, healthy ecosystems. We must protect marine natural resources and ecological environments in accordance with the law, comprehensively support the construction of beautiful countryside, continuously enhance the level of biodiversity conservation, and rigorously ensure the strategic layout for ecological security.
The “Opinions” call for providing services and guarantees to support high-quality economic development. It is necessary to promote the establishment of green production methods, properly adjudicate cases involving the development and utilization of natural resources such as land, minerals, and forestry, and foster reductions in resource consumption and cleaner production in the manufacturing sector, thereby creating comprehensive, resource-efficient, and circular green production practices.
The “Opinions” clearly state the need to provide services and safeguards for the reform of the ecological civilization system. They call for the lawful adjudication of disputes over property rights in natural resource assets, proper handling of cases involving the confirmation and registration of natural ecological spaces such as water flows, forests, mountains, grasslands, wastelands, and tidal flats, and the promotion of the orderly utilization and transfer of natural resources. The reforms aimed at establishing a system for compensating for ecological and environmental damage will also be advanced. Emphasis will be placed on ecological and environmental governance in key regions, further strengthening judicial protection of the ecological environment in priority areas such as the development of the Yangtze River Economic Belt and the planning and construction of the Xiong'an New Area.
“Currently, the construction of ecological civilization is at a critical stage—a stage of tough battles and a window of opportunity. The broad masses of the people eagerly look forward to accelerating the improvement of ecological and environmental quality. We must strictly uphold the red lines for ecological protection, the bottom line for environmental quality, and the upper limits for resource utilization. We should adjudicate cases involving key ecological function zones and ecologically sensitive and fragile areas in strict accordance with the law, place great emphasis on ecological conservation and restoration, and build a robust ecological security barrier,” said Jiang Bixin, Vice President of the Supreme People’s Court, at a press conference.
At the press conference, it was reported that in 2017, courts across the country accepted a total of 21,241 first-instance criminal cases involving environmental and resource matters, of which 20,602 were concluded, and the number of individuals subject to effective judgments reached 17,965. Meanwhile, courts accepted 207,552 first-instance civil cases involving environmental and resource matters, with 190,125 cases concluded. Among these, 2,932 cases involved disputes over torts related to environmental pollution and ecological damage, of which 2,351 were concluded; and 204,620 cases involved disputes over the development and utilization of natural resources, with 187,774 cases concluded. By holding those responsible for environmental pollution and resource destruction accountable under civil law, the courts have promoted the restoration and improvement of the ecological environment as well as the orderly development of natural resources. In addition, courts accepted 134,791 first-instance administrative cases involving environmental and resource matters, concluding 127,481 cases, thereby fully leveraging the supervisory and preventive functions of administrative adjudication in environmental and resource matters.
The announcement of these ten typical cases covers a range of environmental issues, including illegal mining, forest damage caused by wildfires, water pollution, and soil contamination. The cases encompass various environmental elements and natural resources—such as air, water, soil, minerals, and forestry—and involve criminal, civil, and administrative cases, as well as environmental civil and administrative public interest litigation cases. These cases can serve as valuable models and provide guidance for standardizing the adjudication of environmental resource cases and refining trial procedures.