China News Service, Beijing, September 27th (Reporter Li Chun) With the release of the first white paper on ecological and environmental protection of the Yangtze River Basin by the Chinese Court on the 25th of this month, the "Judicial Escort of the Beautiful Yangtze River" organized by the Supreme People's Court came to an end. .
Many representatives of the National People's Congress, members of the National Committee of the Chinese People's Political Consultative Conference, special supervisors of the Supreme Court and media reporters moved to Chongqing, Hubei, Jiangxi, and Jiangsu to investigate and publicize how judicial work "escorted" the ecological environment of the Yangtze River Basin.
Five days in four provinces (cities), following research and publicity activities all the way, reporters from Chinanews.com observed relevant measures in various places and found that judicial protection of the ecological environment in the Yangtze River Basin has formed a "five-fingered fist" trend.
On September 21, Sinochem Fuling Chemical's ecological environment restoration base, the former phosphogypsum slag field has been closed, covered with soil and regreened, and the green grass is dotted with cosmos and Gesang flowers.
Li Chunshe
Let someone do something special
The establishment of specialized environmental resource courts is a powerful measure taken by courts at various levels in many places to strengthen judicial protection of the ecological environment in recent years.
According to the white paper "The Status of Judicial Protection of Ecological Environment in the Yangtze River Basin", as of June 2020, people's courts at all levels in the Yangtze River Basin have set up 1,203 environmental resource tribunals, collegiate tribunals (teams), and people's courts (circuit courts) according to local conditions. Full coverage of key areas in the basin.
On September 21, the leachate collection tank of Sinochem Fuling Chemical's ecological environment restoration base was dark green as a sign of eutrophication.
Li Chunshe
In this process, local people's courts have gradually explored some advanced methods in the trial of environmental resource cases.
For example, with the help of experts from relevant research institutions and colleges, the Chongqing Court clarified the extent and mechanism of the damage to aquatic organisms by criminal acts through scientific experiments, thereby constructing a relatively scientific quantitative assessment system for the degree of damage to the aquatic environment in order to realize crimes against aquatic organisms. Precision strikes.
For another example, the Jiangxi Court established the "Five Combination Method of Environmental Loss Calculation" adjudication rules, which comprehensively considered the plaintiff, case facts, appraisal conclusions and expert opinions, defendant's performance ability, local economic development level and other factors to determine the compensation for ecological environmental damage Amount.
Zhao Ling, President of the Environmental Resources Division of the Chongqing Higher People’s Court, told a reporter from Chinanews.com that only by setting up a special agency, will there be special personnel to study special problems in environmental resource trials, and then discover solutions to problems and form experience. To promote.
On September 21, Sinochem Fuling Chemical's ecological environment restoration base and the phosphogypsum leachate treatment station have been completed and put into operation for one and a half years.
The treated leachate reaches the discharge standard.
Li Chunshe
According to data, from January 2016 to June 2020, people’s courts at all levels in the Yangtze River Basin heard a total of 80,356 criminal cases of various environmental resources, 287,119 civil cases, 122,215 administrative cases, 4944 public interest litigation cases, and ecological environmental damage. There were 91 compensation lawsuits.
The people's court hears cases fairly and promotes the improvement of the ecological environment and high-quality economic development in the Yangtze River Basin.
"Joint Operation" Wins the Ecological Defense War of the Yangtze River
On the 21st of this month, relevant persons in charge from the Higher People’s Courts of Yunnan, Guizhou, Sichuan and Chongqing signed a framework agreement in Chongqing to jointly establish a cross-regional environmental resource trial coordination mechanism in the upper reaches of the Yangtze River.
Judicial escort on the Yangtze River has added a new watershed and cross-regional environmental capital trial coordination mechanism.
On September 23, the sand mining boat was blocked on Poyang Lake.
Li Chunshe
In recent years, under the guidance of the Supreme People’s Court, the judicial cooperation mechanism in the Yangtze River Basin has been gradually established and improved. The 11 provinces and cities in the Yangtze River Economic Belt and the Qinghai Higher People’s Court have signed an environmental resource trial cooperation framework agreement. Features Signed judicial cooperation agreements separately.
It can be said that the judicial cooperation model for the entire Yangtze River basin and key areas has taken shape.
While establishing a judicial coordination mechanism, improving the centralized jurisdiction mechanism is also a way of cooperation between courts in different places.
For example, Jiangsu has established a "9+1" environmental resource centralized jurisdiction and trial system; Jiangxi has established 11 environmental resource courts in the "five rivers, one river, one lake" basin and some key areas to build a cross-border system based on ecosystems or ecological function zones. Centralized jurisdiction mechanism for administrative divisions.
On September 23, the Guling Mine in Lushan, Jiangxi Province, which was undergoing ecological restoration, had begun to show greenery.
Li Chunshe
If you go beyond the observation of the court system, the "joint operations" to protect the ecological environment of the Yangtze River lies more in the coordination of judicial and administrative law enforcement.
At the symposium on judicial enforcement of environmental resources in the Yangtze River Basin held in Wuhan on the 22nd of this month, participants from all parties put forward opinions and suggestions on this issue many times.
Wu Daoxi, member of the party group and deputy director of the Yangtze River Water Conservancy Commission, suggested building a consultation and coordination mechanism between the People’s Court and the Yangtze River Basin management agency, establishing a full-time consultation system for major pre-work related to water management affairs, and enhancing the coordination between administrative law enforcement and justice efficacy.
Shen Xuejun, a member of the Party Group and Deputy Director of the Hubei Provincial Department of Natural Resources, believes that a joint conference system should be established for ecological violation cases in the Yangtze River Basin. Joint conferences should be held once or twice a year to report new situations, analyze new issues, and coordinate supervision.
No fishing! Give the Yangtze River 10 years
Starting at 0:00 on January 1, 2020, the Yangtze River Nature Reserve and the Aquatic Germplasm Resource Reserve have completely banned productive fishing.
The natural waters of the main stream and important tributaries of the Yangtze River excluding the protected areas, and the natural waters of the large river-passing lakes such as Poyang Lake and Dongting Lake, excluding the protected areas, will be implemented for a tentative period of 10 years at the latest from 0:00 on January 1, 2021 The perennial ban on fishing, during which period the productive fishing of natural fishery resources is prohibited.
On September 25, in the Yangtze River Xinjizhou National Wetland Park in Nanjing, Jiangsu, a model of the Yangtze baiji dolphin was displayed in the science exhibition hall.
Li Chunshe
China’s unprecedented fishing ban also makes judicial protection of the Yangtze River's ecological environment more realistic.
On the morning of the 22nd of this month, the People's Court of Jianghan District of Wuhan City opened a trial in the case of Xiao Xiuhai and other three defendants for illegal fishing of aquatic products.
The trial concluded that the three defendants violated national laws and regulations on the protection of aquatic resources by using electric trawl nets, electric fishing and other tools and methods that seriously damage the water ecological environment in the waters of the Yangtze River Xinluo section Baiji Dolphin National Nature Reserve, which is completely banned. The fishing of aquatic organisms has serious circumstances, and their acts have constituted the crime of illegal fishing of aquatic products.
According to Zhang Jingfu, deputy secretary of the Party Committee and political commissar of the Yangtze River Shipping Public Security Bureau, the ban on fishing on the Yangtze River is a very important collaborative content between administrative law enforcement and justice in the next stage.
At the same time when the white paper was released in Nanjing on the 25th of this month, the Supreme Law issued 10 typical cases of judicial protection of water ecology in the Yangtze River Basin, the first of which involved illegal hunting of wild animals.
The defendant Xiong Mouhui and other three people used prohibited methods during the closed fishing period and in the closed fishing area to capture two silver carp and a juvenile of the national second-level protected animal mullet, and caused the death of the mullet.
The court of first instance sentenced three people to 6 months imprisonment for illegal hunting of precious wild animals and fined 2,000 yuan.
"Some people may be puzzled. Didn't the three defendants just catch three fish? Why were they given such a penalty?" Wang Xuguang, president of the Supreme Court of the Supreme Court, pointed out that the release of this case is to reflect the ban on fishing in key waters of the Yangtze River. The iron rules of the country cannot be touched casually, and the animals and plants under national key protection cannot be touched casually.
"In order to show that violations of the law must be investigated, we must consciously abide by the country's laws and regulations, and jointly protect our mother river, so that the Yangtze River can restore its vitality during the precious fishing ban."
Punishment of crime is unified with restoration of ecology
In early June of this year, the Hubei Provincial Higher People's Court held a judicial action to promote the 10-year ban on fishing in the Yangtze River basin and a special inspection event for World Environment Day. 93,213 juvenile fish were put into the Yangtze River.
The number of these juveniles is the sum of the fish caught in the 6 electric fishing cases.
The defendants in the 6 cases were all punished by corresponding penalties or fines for illegally fishing by fishing methods prohibited by the state such as "electric fishing", and assumed the responsibility of ecological restoration through the method of increasing and releasing.
On the morning of September 22, the People's Court of Jianghan District of Wuhan City, Hubei Province opened a court hearing the case of the defendants Xiao Xiuhai, Xiao Yuanwan, and Xiao Guolun for illegally fishing aquatic products.
Picture courtesy of the Supreme People's Court
"Repair" is a hot word that China News Network reporters have heard frequently over the past five days.
While adjudicating environmental resource cases, the people’s courts at all levels in the Yangtze River Basin based on the restoration needs of different ecological environment elements, explored the application of replanting and reforestation, proliferation and release, forest protection and bird protection, labor compensation, technical transformation deduction, and installment performance. Diverse ecological restoration methods realize the unity of criminal punishment and ecological restoration, and promote the restoration of the aquatic biological resources of the Yangtze River.
At the Sinochem Fuling Chemical Ecological Environment Rehabilitation Base, the company stopped production within two years, completed the closure of the phosphogypsum slag field, covered the soil and regreened it, and the leachate treatment station was completed and put into operation. The damaged ecological environment was restored.
At the Dongguling Mine Ecological Environment Restoration Base of the People's Court of Lushan City, the rubble in the mine has been cleaned up, and emergency projects such as spraying grass planting with three-dimensional nets have been built on the high and steep slopes, and the bare mountain is gradually restored to green vitality.
At the Yangtze River Ecological Judicial Restoration Base of Ruichang City People’s Court, the ecological restoration funds paid by the defendant were used for the construction of the base to create a comprehensive integration of ecological concept dissemination, ecological policies and regulations display, ecological judicial education, and ecological judicial restoration functions. base.
"Compared with other cases, the biggest difference between environmental resource cases is the special emphasis on the restoration of the damaged ecological environment." Yang Linping, party secretary and president of the Chongqing Higher People's Court, pointed out that in adhering to the concept of restorative justice, we must pay attention to environmental legal responsibilities. More attention should be paid to the restoration of the ecological environment.
Ecological environmental law education must "go to the field"
After listening to the court hearing of the People’s Court of Jianghan District, Wuhan City on the 22nd, Song Qingli, a representative of the National People’s Congress and farmer of Jintaimu Family Farm in Hefeng County, said that the most profound feeling is that the concept of public participation in judicial protection of the ecological environment and the concept of national duty should be "introduced" Into the heart".
Observe the court hearings, visit the ecological restoration base, participate in seminars and exchanges... For the representatives of the National People’s Congress, the members of the National Committee of the Chinese People’s Political Consultative Conference, and the special supervisors of the Supreme Court, the concentrated research and publicity activities of this intense itinerary are also a time for judicial protection of the ecological environment of the Yangtze River His in-depth understanding of law popularization and education work.
Many representatives and committee members made suggestions and suggestions on strengthening legal education, especially the judicial education of environmental resources in the Yangtze River Basin.
On September 25, a corner of the Yangtze River Xinjizhou National Wetland Park in Nanjing, Jiangsu.
Li Chunshe
National People's Congress representative, Secretary of the Party Branch of Sanhe Village, Dashitou Town, Dunhua City, Jilin Province, and director of the village committee, Gu Fengjie, said that judicial missionary work should go to the fields and campuses so that more people can learn relevant legal knowledge.
Wu Yan, deputy to the National People's Congress and general manager of Chongqing Passion 100 Orange Juice Co., Ltd.?
Said that he hopes to use the form of "interpreting the law by case" to introduce legal knowledge in a more simplified and clear manner, which is more acceptable.
Xu Guoquan, deputy to the National People's Congress, member of the Central Standing Committee of the Jiu San Society, and Minister of Social Services, proposed that ecological protection must rely on systems.
He also suggested that the court should promote the whole society to pay attention to ecological and environmental protection by publishing typical cases.
Wang Xiaowan, representative of the National People's Congress and director of the Beibei Channel Station of the Chongqing Jialing River Channel Management Office, suggested that the importance of environmental protection should be vigorously promoted and relevant departments should be urged to increase fishery protection.
This concentrated research and publicity is a good publicity on the rule of law and environmental science.
Zhang Yuqing, a member of the National Committee of the Chinese People's Political Consultative Conference, deputy chairman of the Jiangxi Provincial Committee of Jiu San Society, and dean of Xinyu College, said that it is particularly important to guide people to integrate ecological protection into their lives.
The environmental resource trial "is not to punish more people," but to make people respect the ecological environment and wildlife protection through cases.
He also proposed that more people should be made aware of the results of the "Judicial Escort of the Beautiful Yangtze River" campaign to "get education and enlightenment."
(Finish)