Chinanews.com, November 25. The Supreme People’s Court held a press conference on the 25th to release the "Minutes of the Meeting of the Supreme People’s Court to Implement the "Yangtze River Protection Law" Work Promotion Meeting" (hereinafter referred to as "Yangtze River Minutes") and "Supreme People's Court Service" The Meeting Minutes of the Promotion Meeting for Safeguarding the Ecological Protection and High-Quality Development of the Yellow River Basin (hereinafter referred to as the "Yellow River Minutes"), focusing on the current legal application issues in the trial of environmental resources in the Yangtze and Yellow River basins, clarifying the trial rules, and using the most stringent system and strictest The rule of law protects the ecological environment of the Yangtze and Yellow Rivers.
Yang Linping, vice president of the Supreme People's Court, introduced at the meeting that the full text of the "Yangtze River Minutes" is divided into two parts: the introduction and the main body.
The main body contains 15 articles in 4 aspects, focusing on key legal 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 first is to improve the legal system for resource utilization.
Intensify the crackdown on illegal sand mining, comprehensively consider factors such as the degree of damage to resources such as sand and gravel, the ecological damage of river water, and the safety of river banks and dams and navigation channels, and determine the legal responsibility for illegal sand mining in the Yangtze River in accordance with the law.
Promote the rational use of water resources, and assume punitive compensation liabilities in accordance with the law for those who illegally take water and use water upstream and cause damage to the downstream ecological flow.
Coordinating resource utilization and ecological protection, in the case of hydropower project development and construction in the Yangtze River Basin, comprehensively consider the impact of development and construction on the surrounding ecological environment, and accurately grasp the issue of contract validity.
The second is to strengthen judicial protection of biodiversity.
Punish illegal fishing in key waters of the Yangtze River Basin in accordance with the law, and regard the endangerment, quantitative value and attitude of the perpetrator of the aquatic organisms involved in the case as criminal sentencing plots, and guarantee the ten-year ban on fishing in the Yangtze River.
Pay attention to the overall protection of biological populations and their living environment, through preventive and restorative judicial measures, increase the management 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 third is to increase environmental pollution control.
Strictly affirm the responsibility for water pollution, and shall not advocate the exemption or reduction of pollution responsibility on the grounds that the discharge of pollutants does not exceed the relevant standards and does not belong to the types of pollutants listed in the relevant standards.
Strengthen the comprehensive and full-chain crackdown on solid waste pollution, and pursue corresponding responsibilities in accordance with the law for infringers who have carried out illegal dumping, landfilling, stacking, disposal, and disposal within the scope of river and lake management, as well as those who provide help for them.
The fourth is to serve the development of green and low-carbon recycling.
Completely, accurately and comprehensively implement the new development concept, and promote the in-depth development of the Yangtze River Basin in accordance with the law to carry out a green development demonstration led by a comprehensive green transformation of the economy and society and a key to green and low-carbon development of energy.
Support the use of funds for green transformation of production technology to offset the compensation for damage to the ecological environment and guide the green transformation of enterprises.
Encourage the application of restorative and alternative methods such as replanting and re-greening and carbon sink subscription to restore the ecological environment, enhance the carbon sink capacity of forests, soils, oceans and other ecosystems, and help achieve the goal of carbon peak and carbon neutrality.
Yang Linping introduced that the full text of the "Yellow River Memoirs" is divided into two parts: the introduction and the main text.
There are 17 clauses in 4 aspects in the main body.
One is to strengthen judicial protection of water resources.
Strengthen the judicial management of outstanding issues such as illegal water extraction, properly handle water access disputes, and protect the lawful rights and interests of residents and enterprises of water for production and living.
Strengthen the protection of water resources such as snow-capped mountains and glaciers in the upper reaches of the Yellow River, properly handle administrative cases concerning the regulation of water-sediment relations in the middle and lower reaches, and improve the water conservation capacity of the entire river basin.
The second is to severely crack down on river basin pollution.
Severe punishments for water pollution crimes involving the discharge of toxic and harmful substances into the main branches and tributaries of the Yellow River and lakes and reservoirs shall be severely punished 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 persons, property and the ecological environment, etc., the punitive compensation clauses of the Civil Code shall be applied in accordance with the law.
The third is to deepen the judicial protection of the Yellow River cultural heritage.
Adhere to both protection and promotion and judicial punishment.
Punish the crimes of obstructing the management of cultural relics in accordance with the law, and for acts that have bad circumstances and strong social reflections, probation and exemption from criminal penalties shall not be applied in accordance with the law.
Strengthen the judicial protection and restoration of cultural relics, deepen the protection of intangible cultural heritage, protect the historical context with judicial power, and build the root and soul of the Chinese nation.
The fourth is to serve the high-quality development of the river basin.
The service strictly controls the national policy of "two highs" projects, properly determines the validity of contracts involving high energy and water consumption projects, and uses judicial means such as bankruptcy reorganization, bankruptcy reconciliation or bankruptcy liquidation to promote the rescue and liquidation of market entities, and promote the industry The structure is green and upgraded.
Accurately apply the green principles and green clauses of the Civil Code, and strengthen judicial guidance on the best use and recycling of energy and resources.
Properly hear cases of disputes over green technology and carbon emission rights trading to serve the development of green and low-carbon recycling.
Yang Linping said that protecting and managing the ecological environment of the Yangtze River and the Yellow River will benefit the present and future generations.
The Supreme People’s Court effectively guides the courts at all levels in the Yangtze River and Yellow River basins to take the promulgation of the two minutes as an important starting point, further improve the rules of environmental judicial adjudication, unify the application of law, strengthen the reform and innovation of the adjudication mechanism, and improve the level of environmental judicial capacity to serve the ecology of the Yangtze River Basin. Protection and green development, ecological protection and high-quality development of the Yellow River Basin provide more powerful judicial services and guarantees.