Protect the ecology of the Yangtze and Yellow Rivers with the strictest system and strictest rule of law
Our newspaper, Beijing, December 1st (Reporter Ni Yi) The Supreme People’s Court recently held a press conference in Beijing to release the “Minutes of the Meeting of the Supreme People’s Court for the Implementation of the Yangtze River Protection Law” (hereinafter referred to as “Yangtze River Minutes”) and The Minutes of the Meeting of the Supreme People’s Court for the Promotion of Ecological Protection and High-Quality Development of the Yellow River Basin (hereinafter referred to as the “Yellow River Minutes”) focuses on the current legal application issues in the trials of environmental resources in the Yangtze and Yellow River basins, clarifies the trial rules and uses The strictest system and the strictest rule of law protect the ecological environment of the Yangtze River and the Yellow River.
According to reports, the "Yangtze River Minutes" is divided into two parts: introduction and body.
The main body contains 15 articles in 4 aspects, focusing on key law application issues in judicial trials in the Yangtze River Basin, such as illegal sand mining and illegal fishing, resource development and utilization, environmental pollution prevention and control, and green and low-carbon development.
The "Yangtze River Minutes" proposed that illegal fishing in key waters of the Yangtze River should be punished in accordance with the law, and the degree of endangerment, quantitative value of the involved aquatic organisms, and the perpetrator's guilty and repentance attitude should be regarded as the criminal sentencing plot, and the Yangtze River should be banned for fishing for ten years.
Pay attention to the overall protection of biological populations and their living environment, through preventive and restorative judicial measures, increase the governance of the ecological environment system on which animals and plants depend for survival, and improve the ecological quality of national parks and other nature reserves.
The "Yellow River Minutes" proposes to severely punish the water pollution crime of discharging toxic and harmful substances into the main branches of the Yellow River and lakes and reservoirs in accordance with the law.
Taking into account the loss of the ecological environment and the difficulty of environmental restoration, the amount of criminal fines will be increased in accordance with the law, and the deterrence of criminal punishment will be strengthened.
Considering factors such as the duration and geographical scope of environmental pollution, the degree of damage to personal, property and ecological environment, etc., the punitive compensation clauses of the Civil Code shall be applied in accordance with the law.
Yang Linping, Vice President of the Supreme People’s Court, stated that the Supreme Law will effectively guide the courts at all levels in the Yangtze and Yellow River basins to take the promulgation of the two minutes as an important starting point, further improve environmental judicial adjudication rules, unify the application of laws, and strengthen the reform and innovation of trial mechanisms. The level of environmental judicial capacity provides more powerful judicial services and guarantees for the ecological protection and green development of the Yangtze River Basin, and the ecological protection and high-quality development of the Yellow River Basin.
In order to further improve the level of judicial protection for ecological protection and high-quality development in the Yellow River Basin, and to demonstrate the efforts of the People's Court to assist the construction of ecological civilization in large rivers and rivers with justice, the Supreme Law also issued 10 typical cases of judicial protection of the ecological environment in the Yellow River Basin.