China News Service, Beijing, December 28 (Reporter Zhang Su) Eco-environmental infringements are sudden, instantaneous, and irreversible, and the harmful consequences are delayed, long-lasting, and difficult to repair.
In order to promptly stop infringements and prevent environmental risks, the Supreme People's Court of China issued new regulations on the 28th.
The Supreme People’s Court's Several Provisions on the Application of Prohibition Order Preservation Measures in Eco-environmental Infringement Cases (hereinafter referred to as the "Regulations") consist of 14 articles, which mainly include legal basis, application subject and procedures, factors to be considered for review, validity period, and document form , Early termination, non-fulfillment of legal responsibilities, etc., will come into effect on January 1, 2022.
According to Yang Linping, the vice president of the Supreme People's Court, the legal basis for the prohibition order preservation measure is the preservation of behavior stipulated in the Civil Procedure Law.
Applicants include natural persons, legal persons, or unincorporated organizations that are directly affected by environmental pollution, ecological damage, or risk of damage, as well as "national agencies" and "organizations required by law" stipulated in Articles 1234 and 1235 of the Civil Code.
Yang Linping said that the prohibition order preservation measure serves as a preventive right remedy, and its purpose is to stop the ecological environment infringement in a timely manner and avoid irreparable damage to the applicant's legitimate rights and interests or the ecological environment.
The promulgation of the "Regulations" is to better implement the principle of "protection first, prevention first" and will play an important role in ecological environmental protection.
"The pre-litigation and mid-litigation prohibition order preservation measures promulgated this time can prevent ongoing damages in a timely manner, reduce the further expansion of the damage, and avoid the irreparable environmental damage that may be caused by the prolonged enforcement after the end of the lawsuit. "Xiao Shengfang, vice chairman of the All China Lawyers Association, said in an interview.
Tang Weijian, a professor at Renmin University of China Law School, said that the "Regulations" provide a judicial basis for the preventive, timely, and effective protection of the ecological environment, and will become a "green shield" for judicial protection of the ecological environment.
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