The word "Strict" takes the lead and takes full responsibility! The Supreme Law issues the implementation opinions of the Yangtze River Protection Law
Xinhua News Agency, Beijing, February 25th (Reporters Xu Zhuang and Luosha) The Yangtze River Protection Law will come into effect on March 1. The Supreme People’s Court issued the "Supreme People’s Court on the Implementation of the Yangtze River Protection Law of the People’s Republic of China" on February 25 "Implementation Opinions", give full play to the role of the people’s courts in adjudication, strengthen the environmental protection and restoration of the Yangtze River Basin in accordance with the law, promote the rational and efficient use of resources, and promote the green development of the Yangtze River Basin.
The full text of the implementation opinions is divided into 4 parts, a total of 16 articles.
Emphasize that the people's courts should adhere to the concept of judicial protection of the Yangtze River in judicial judgments, that is, ecological priority, green development, overall coordination, systematic governance, severe punishment in accordance with the law, and full responsibility.
According to the implementation opinions, the people’s courts should provide strong judicial services and guarantees for the ecological environment protection and green development of the Yangtze River Basin, and strengthen water pollution prevention and control, ecological protection, resource development and utilization, climate change response, and ecological environment governance and services in accordance with the law. In case trial, the role of environmental public interest litigation and ecological environmental damage compensation litigation will be fully utilized.
According to Yang Linping, Vice President of the Supreme People’s Court, the implementation opinions put water pollution control as the focus of pollution prevention and control in the Yangtze River Basin, and support and supervise administrative agencies to carry out administrative law enforcement such as water pollution control and supervision in accordance with the law; adhere to the strictest water pollution damage compensation and restoration standards , Intensify judicial punishment for excessive discharge of phosphorus and other industrial wastewater, transboundary water pollution and other surface water pollution, as well as groundwater pollution caused by agricultural non-point sources and illegal disposal of solid waste, to ensure that "a river of clear water flows eastward."
Yang Linping said that the implementation of opinions to increase biodiversity protection, the case of the Yangtze River ban on catching and retreating is heard in accordance with the law; the protection of habitats and distribution areas of rare and endangered aquatic wild animals and plants should be strengthened to ensure the stability of biological populations.
Support administrative agencies to crack down on illegal sand mining activities in accordance with the law, severely punish illegal sand mining crimes, and protect the Yangtze River; ensure the smooth implementation of major ecological restoration projects and promote the effective restoration of ecological functions of the river basin.
In response to the issue of how to improve the level of judicial capacity for service and protection of the ecological environment, people’s livelihood and well-being, the implementation opinions proposed that the environmental resource trial organization system should be improved, and the protection of the entire basin system should be strengthened; the basin trial mechanism should be increased to provide high-quality and efficient judicial services; forging a strong trial team , Enhance environmental judicial capacity and international influence; deepen judicial public participation, and enhance the people’s awareness of the rule of law in protecting the Yangtze River
Yang Linping said that in the implementation of the Yangtze River Protection Law, the People’s Court should put the protection and restoration of the ecological environment in an overwhelming position, give full play to its judicial functions, properly hear various environmental resource cases, protect the ecosystem of the Yangtze River Basin, and maintain the biology of the Yangtze River Basin. Diversity promotes green development in the Yangtze River Basin.
The Supreme Law also issued 10 typical cases of judicial protection of the ecological environment in the Yangtze River Basin, including 1 criminal case, 2 criminal civil public interest litigation cases, 2 administrative cases, 4 environmental civil public interest litigations, and 1 procuratorial administrative public interest litigation.
These cases focus on the most prominent types of water pollution, tailings pond management, illegal sand mining, and wildlife protection in the Yangtze River Basin, and emphasize the application of criminal, civil, and administrative responsibilities for different types of litigation cases. Punishment of crimes that damage the ecological environment is strong.