[Commentary] On May 8, the Supreme People's Court held a press conference to release the 2019 White Paper on China's Environmental Resources Trial, the Green Paper on China's Environmental Justice Development and 40 annual typical cases.
[Explanation] The white paper shows that in 2019, courts nationwide accepted 39,957 first-instance criminal cases of various environmental resources, concluded 36,733 cases, and the number of closed cases increased by 50.9% and 43.4% year-on-year respectively. The Supreme Law indicates that we must uphold the strictest system and the strictest rule of law to protect the ecological environment.
[Same period] Wang Xuguang, President of the Environmental Protection Division of the Supreme People's Court
Adhere to the strictest system and the strictest rule of law to protect the ecological environment. In criminal cases, severely punish various crimes such as pollution of the environment and destruction of the ecology according to law, and criminal punishments for concealed sewage discharge, multiple sewage discharges, and falsification of monitoring data discharge, etc., shall be punished according to law. For crimes involving wildlife protection and smuggling of foreign garbage, not only to punish direct traffickers and smugglers, but also to investigate the source and behind the scenes, investigate the criminal responsibility of suppliers and purchasers according to law, and ban illegal transaction chains. In administrative cases, the administrative organs shall be strictly investigated and dealt with in violation of environmental protection laws and regulations such as dismantling, idling, or abnormal operation of pollution prevention and control facilities. In civil cases, for activities beyond prospecting for prospecting and illegal exploitation and utilization of natural resources in nature reserves, they are deemed invalid according to their powers, to prevent damage to natural resources, and to strengthen ecological environmental protection.
【Explanation】 This is also the first time that the Supreme People's Court has released the annual typical case of environmental resources, covering five major types of cases such as environmental pollution prevention, ecological protection, resource development and utilization, climate change response, and environmental governance and services. Among them, there are the first charitable trusts in China. The mechanism introduces environmental civil public interest litigation cases in the public interest litigation fund management system, and the first environmental administrative public interest litigation case in China aimed at protecting traditional villages.
[Same period] Wang Xuguang, President of the Environmental Protection Division of the Supreme People's Court
Beijing Chaoyang District Friends of Nature Environmental Research Institute v. Hyundai Motor (China) Investment Co., Ltd. air pollution liability dispute case. This is the first environmental civil public interest litigation case in China that introduces a charitable trust mechanism into the public interest litigation fund management system. The People's Court has made a useful exploration in the trial of environmental public interest litigation cases. The People ’s Procuratorate of Rongjiang County, Guizhou Province v. The Public Welfare Lawsuit of Environmental Protection Administrative Management of the People ’s Government of Zaima Town, Rongjiang County is the first environmental administrative public interest lawsuit in the country aimed at protecting traditional villages. The People's Court confirmed that the town government's indifference to perform traditional village protection and supervision duties was illegal, and ordered them to continue to perform their duties.
[Commentary] According to reports, in 2019, people ’s courts at all levels concluded 1,953 environmental public interest litigations filed by social organizations and procuratorial organs according to law, and concluded 36 new and significant ecological and environmental damage compensation lawsuits filed by provincial and municipal governments in accordance with law, and urged polluters to deal with solids. 14800 tons of waste, 42.24 million cubic meters of soil and water body restoration, 46,821 square meters of land, woodland and mine restoration, saving 70.602 million yuan of national economic losses.
Reporter Shan Lu from Beijing
Editor in charge: [Liu Xian]