The Supreme People's Court issued the "Judicial Protection of Biodiversity in China"

　　Chinanews.com, December 5th. According to the WeChat official

The brief introduction and full text of "Judicial Protection of Biodiversity in China" are as follows.

　　China has a vast territory, diverse landforms, and rich ecological resources. The magnificent and colorful ecological environment has created all living creatures and a splendid Chinese civilization.

As one of the countries with the richest biodiversity in the world, China attaches great importance to the protection of biodiversity. Under the scientific guidance of Xi Jinping's new era of socialism with Chinese characteristics, the protection of biodiversity has been elevated to a national strategy, and it insists on giving priority to protection and green development. , Biodiversity conservation has achieved remarkable results.

The report of the 20th National Congress of the Communist Party of China clearly stated that "Chinese-style modernization is the modernization of the harmonious coexistence between man and nature". Sustainability" has pointed out the direction for the people's courts to comprehensively promote the trial of environmental resources and strengthen the judicial protection of biodiversity.

　　Biodiversity protection is the basis for the survival and development of human beings, the sustenance of the people's better life, and the responsibility of the people's courts to benefit mankind and help the harmonious coexistence of man and nature with the power of justice.

In May 2021, General Secretary Xi Jinping sent a congratulatory letter to the World Environmental Judicial Conference, fully affirming that "China continues to deepen environmental judicial reform and innovation, and has accumulated beneficial experience in judicial protection of the ecological environment", and for the people's courts to comprehensively strengthen the judicial protection of the ecological environment and escort the beautiful China Construction provides fundamental guidance.

The people's courts have deeply practiced Xi Jinping's thoughts on ecological civilization and Xi Jinping's thoughts on the rule of law, implemented the national strategy for biodiversity protection, adhered to fair justice, uprightness and innovation, and protected biodiversity with the strictest system and strictest rule of law. The path of judicial protection of diversity has formed a vivid judicial practice of biodiversity protection.

1. Give full play to the functions of the trial and strengthen the judicial protection of biodiversity in all aspects, regions and processes

　　The people's courts have firmly established and practiced the concept that green waters and green mountains are invaluable assets, adhered to the integrated protection and systematic management of mountains, rivers, forests, farmland, lakes, grass and sand, and served and promoted the implementation of major biodiversity protection projects.

Based on the trial function of environmental resources, give full play to the punishment and education functions of criminal trials, the relief and restoration functions of civil trials, and the supervision and prevention functions of administrative trials, and effectively safeguard the national ecological security and the lives, health and safety of the people by means of the rule of law.

　　Since 2013, courts at all levels have heard and concluded a total of 182,000 first-instance cases involving biodiversity protection, involving typical and unique wild species in China such as Chinese sturgeon, Tibetan antelope, and yew, as well as global rare and rare species such as pangolins, white sharks, and corals. For endangered species, the protection elements cover different types of wild animals and plants and their living environment, fishery and forestry resources, animal and plant inspection and quarantine, and new plant varieties.

The Supreme People's Court insists on keeping pace with the times, timely issuing or updating judicial interpretations in various fields related to biodiversity protection, and clarifying the path to combat new forms of crimes that endanger biodiversity.

Crack down on illegal and criminal acts that endanger terrestrial biological species in all links, all elements, and the entire chain, clarify and refine the rules for identifying places where ecological damage occurs, and judicially protect the safety of wild fauna and flora communities.

From different perspectives such as closed fishing seasons, closed fishing areas, prohibited tools or methods, etc., crack down on illegal and criminal activities such as illegal fishing of aquatic products, and effectively protect the safety of aquatic species.

　　The people's courts comprehensively strengthen the judicial protection of species diversity, genetic diversity and ecosystem diversity.

Explore the establishment of a long-term judicial protection mechanism for endangered wild animals and plants, help rare wild animals and plants return to nature, promote the effective restoration of biodiversity resources, and protect the safety of natural germplasm resources and genetic treasures at zero distance.

Increase efforts to crack down on illegal crimes of smuggling and trafficking foreign species of animals and plants, and build a judicial Great Wall that protects the local natural ecosystem and prevents the invasion of alien species.

Judicial guarantees for the prevention and treatment of major epidemics and the construction of emergency response capabilities have made the animal and plant inspection and quarantine mechanism a rigid line of defense.

Continue to promote the judicial protection of the three major ecosystems of wetlands, forests, and oceans, focus on the judicial protection of biological habitat space carriers, and protect migratory bird migration stations and wetland biological breeding homes; ensure and promote scientific large-scale land greening actions to help realize the treasure house of forest resources Sustainable use; judiciary protects the marine ecological environment and helps the healthy development of the marine economy.

2. Adhering to the concept of green justice, weaving a strict judicial protection network for biodiversity

　　The people's courts have fully, accurately and comprehensively implemented the new development concept, coordinated the promotion of high-quality economic and social development and high-level protection of the ecological environment, and helped realize the harmonious coexistence of man and nature.

Establish and practice the concept of ecological and environmental protection in the new era, such as protection first, prevention first, responsibility for damage, and system protection, and strive to build a strict, pragmatic and effective environmental resource judgment system, and enrich and improve the preventive and punitive aspects of judicial protection of biodiversity. Sexual and restorative measures.

　　The Supreme People's Court issued 15 judicial policy documents including the "Opinions on Strengthening and Innovating Environmental and Resource Trials in the New Era to Provide Judicial Services and Guarantees for the Construction of a Modernization of Harmonious Coexistence between Man and Nature", and formulated the "Applicable Laws for the Trial of Civil Disputes over Forest Resources". 21 judicial interpretations such as "Interpretation of Several Issues", released 26 guiding cases on environmental resources such as "biodiversity protection", and 26 batches of 280 typical cases, enriching the green adjudication rules and strengthening the value orientation of biodiversity protection.

Courts at all levels have firmly established the concept of ecological civilization of respecting nature, conforming to nature, and protecting nature, serving the recuperation of grasslands, forests, rivers, lakes and wetlands, and helping to improve the diversity, stability, and sustainability of ecosystems.

　　The people's courts implement the principles of protection first and prevention first, fully consider the major real risks that threaten biodiversity, and carry out preventive public interest litigation in accordance with the law.

Apply the prohibition order system for ecological and environmental infringements, stop acts of infringement on biodiversity in a timely manner, and eliminate the damage at the source or control it within a reasonable range.

Adhere to the principle of environmental value and responsibility for damage, scientifically determine the impact of biodiversity destruction on ecosystem service functions, and realize the upgrade from single element protection to overall system protection.

Refine the applicable rules for punitive compensation for ecological and environmental infringements, and increase the punishment for intentional infringements on biodiversity.

Improve system protection measures to effectively promote the coordination and unity of punishing crimes, compensating for losses, and restoring the environment.

Implement the concept of restorative justice, explore innovative and innovative replanting and regreening, multiplication and release, labor compensation, technological transformation deduction, carbon sink subscription and other unique judgment execution methods for environmental resource trials, and provide comprehensive restoration options for different ecosystems.

Establish a judicial restoration base that integrates functions such as dissemination of ecological concepts, display of ecological achievements, education on the rule of law in ecology, promotion of ecological culture, and experience in ecological protection, forming a judicial platform for multi-level restoration and three-dimensional protection of the ecological environment.

3. Improve the special trial system and continuously improve the level of judicial protection of biodiversity

　　The people's courts implement the requirements of the central government to accelerate the establishment and improvement of an ecological civilization system guaranteed by the modernization of the governance system and governance capabilities, so as to promote the substantive operation of institutions, the coordination of centralized jurisdiction, the intelligentization of environmental justice, the normalization of judicial cooperation, and the diversification of dispute resolution Focus on building and improving a specialized environmental resources trial system with Chinese characteristics, promoting the joint construction of a multi-governance pattern for biodiversity protection, and continuously improving the level of judicial protection of biodiversity.

　　The Supreme People's Court directed courts at all levels to solidly promote the construction of special environmental resources trial institutions across administrative divisions with ecological systems or ecological function areas as jurisdiction units in light of the protection needs of special ecological regions. Courts across the country have established a total of 2,426 specialized institutions or organizations for environmental resource trials .

Implement the "three-in-one" centralized trial of criminal, civil, and administrative cases of environmental resources, establish a centralized jurisdiction mechanism across administrative divisions with ecological systems such as watersheds, forests, and wetlands, and ecological function areas such as national parks and nature reserves as units, to create a centralized jurisdiction The judicial team with professional expertise in multiple fields and the specialized trial system covering four levels of courts have been continuously strengthened. my country has become the only country in the world that has established an environmental resources trial system covering all levels of courts across the country.

　　Courts at all levels have established technical expert databases and people's jury databases based on the characteristics of ecological and environmental factors, and openly tried major cases of biodiversity protection in accordance with the law. power, supervisory power.

Form the "Sixth Five-Year Environmental Day" and other centralized promotional brands of law, give full play to the role of social guidance, evaluation, and education of ecological and environmental justice, and advocate the action of the whole people to protect biodiversity.

Build a multi-level cross-domain judicial cooperation mechanism to serve the systematic protection and integrated development of river basins and regions.

Strengthen the coordination and linkage between environmental justice and administrative law enforcement, serve the construction of the natural reserve system with national parks as the main body, and ensure the accelerated implementation of major projects for the protection and restoration of important ecosystems.

Strengthen the governance of litigation sources, coordinate consultation, mediation, arbitration and other non-litigation dispute resolution mechanisms for conflicts involving biodiversity, and efficiently and conveniently meet the diverse environmental judicial needs of the masses.

4. Deepen international cooperation and exchanges, and promote the improvement of legal rules for global biodiversity conservation

　　The people's courts uphold the concept of a community with a shared future for mankind, coordinate the promotion of domestic and foreign-related rule of law, actively participate in global ecological and environmental governance including biodiversity protection, implement the International Convention on Biodiversity Conservation in accordance with the law, and promote judicial experience exchanges and mutual learning to benefit from results Share and use the power of the rule of law to promote the joint construction of a community of life on earth.

　　The Supreme People's Court and the United Nations Environment Program successfully held the World Environmental Judiciary Conference, as one of the series of activities for the fifteenth Conference of the Parties to the Convention on Biological Diversity towards Kunming.

Drafted and promoted the adoption of the "Kunming Declaration of the World Conference on Environmental Justice" to systematically respond to the three major crises of the global ecological environment such as biodiversity loss, climate change, and environmental pollution, and put forward the principles of fairness, common but differentiated responsibilities and respective capabilities, protection and sustainability. Continue to use the principle of natural resources and the principle of responsibility for damages, the "three principles of the rule of law", advocate the active application of preventive and restorative judicial measures, public interest litigation and diversified dispute resolution methods, and continue to promote the professionalization, informatization and internationalization of environmental justice, It provides a practical judicial solution for global environmental governance, including biodiversity protection.

　　The Supreme People's Court guides courts at all levels to fulfill their obligations under the Convention on Biological Diversity and other international environmental treaties my country has concluded or acceded to in judicial cases.

Cooperate with international organizations such as the United Nations Environment Programme, the Asian Development Bank, and the European Environmental Protection Association to hold international conferences on judicial protection of biodiversity and judicial response to climate change, expand the breadth and depth of international cooperation, and jointly address global biodiversity challenges.

The United Nations Environment Program database has specially set up a Chinese judgment section, which includes two batches of 20 Chinese environmental judicial cases and 4 annual work reports. A group of well-known and influential Chinese environmental judicial cases represented by the "Green Peacock Protection Case" The case has been positively evaluated by the international community.

Officials of the United Nations Environment Program commented in the preface of the bilingual version of "China's Most Influential Cases of Environmental Resources": "China has made remarkable and exciting achievements in promoting the rule of law in the environment" and "is in a leading position in global environmental governance." .

　　The report of the Twentieth National Congress of the Communist Party of China profoundly pointed out that promoting the harmonious coexistence between man and nature is one of the essential requirements of Chinese-style modernization, and it is required to "unswervingly follow the path of civilized development with production development, affluent life, and good ecology, and realize the sustainable development of the Chinese nation." ", drew a beautiful blueprint for the construction of a beautiful China, and established a strategic path.

On the new journey in the new era, the historical responsibility of the environmental resource trial work is unprecedented, and the historical mission it carries is also unprecedented.

The people's courts will comprehensively and thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, deeply practice Xi Jinping Thought on Ecological Civilization and Xi Jinping Thought on the Rule of Law, and closely focus on "strive to let the people have a legal basis in every judicial practice." The goal of "feeling fairness and justice in the case" is to comprehensively strengthen the judicial protection of biodiversity, and to always be a firm promoter and defender of the harmonious and beautiful homeland of all things, to protect intelligent life with justice, and to protect the beautiful environment with rules. Contribute judicial wisdom and strength to protect the rule of law system, continuously improve the people's sense of happiness in the ecological environment, gain a sense of security, and promote the construction of Chinese-style modernization in which man and nature coexist harmoniously!

Judicial Protection of Biodiversity in China

Table of contents

foreword

1. Give full play to the functions of the trial and strengthen the judicial protection of biodiversity in all aspects, regions and processes

　　(1) Comprehensively strengthen the protection of species diversity

　　(2) Comprehensively strengthen the protection of genetic diversity

　　(3) Comprehensively strengthen the protection of ecosystem diversity

2. Adhering to the concept of green justice, weaving a strict judicial protection network for biodiversity

　　(1) Adhere to the policy of giving priority to protection

　　(2) Consolidate prevention as the main line of defense

　　(3) Implement the principle of liability for damage

　　(4) Improving system protection measures

3. Improve the special trial system and continuously improve the level of judicial protection of biodiversity

　　(1) The professional trial system is becoming more and more perfect

　　(2) The pattern of pluralistic co-governance continues to improve

4. Deepen international cooperation and exchanges, and promote the improvement of legal rules for global biodiversity conservation

　　(1) Promote the joint construction of a community of life on earth

　　(2) Actively participate in cooperation in the construction of global ecological civilization

outlook

foreword

　　China has a vast territory, diverse landforms, and rich ecological resources. The magnificent and colorful ecological environment has created all living creatures and a splendid Chinese civilization.

As one of the countries with the richest biodiversity in the world, China attaches great importance to the protection of biodiversity. Under the scientific guidance of Xi Jinping's new era of socialism with Chinese characteristics, the protection of biodiversity has been elevated to a national strategy, and it insists on giving priority to protection and green development. , Biodiversity conservation has achieved remarkable results.

The report of the 20th National Congress of the Communist Party of China clearly stated that "Chinese-style modernization is the modernization of the harmonious coexistence between man and nature". Sustainability" has pointed out the direction for the people's courts to comprehensively promote the trial of environmental resources and strengthen the judicial protection of biodiversity.

　　Biodiversity protection is the basis for the survival and development of human beings, the sustenance of the people's better life, and the responsibility of the people's courts to benefit mankind and help the harmonious coexistence of man and nature with the power of justice.

In May 2021, General Secretary Xi Jinping sent a congratulatory letter to the World Environmental Judicial Conference, fully affirming that "China continues to deepen environmental judicial reform and innovation, and has accumulated beneficial experience in judicial protection of the ecological environment", and for the people's courts to comprehensively strengthen the judicial protection of the ecological environment and escort the beautiful China Construction provides fundamental guidance.

The people's courts have deeply practiced Xi Jinping's thoughts on ecological civilization and Xi Jinping's thoughts on the rule of law, implemented the national strategy for biodiversity protection, adhered to fair justice, uprightness and innovation, and protected biodiversity with the strictest system and strictest rule of law. The path of judicial protection of diversity has formed a vivid judicial practice of biodiversity protection.

1. Give full play to the functions of the trial and strengthen the judicial protection of biodiversity in all aspects, regions and processes

　　The people's courts have firmly established and practiced the concept that green waters and green mountains are invaluable assets, adhered to the integrated protection and systematic management of mountains, rivers, forests, farmland, lakes, grass and sand, and served and promoted the implementation of major biodiversity protection projects.

Give full play to the punishment and education functions of criminal trials, and accurately crack down on crimes that destroy biodiversity by imposing real sentences in accordance with the law, using probation with caution, and strengthening fines.

Give full play to the relief and restoration functions of civil trials, implement the principle of responsibility for damages and comprehensive compensation, apply punitive compensation in accordance with the law, and fully investigate the restoration and compensation responsibilities of those who destroy biodiversity.

Give full play to the supervision and prevention functions of administrative trials, and comprehensively use litigation guidelines, non-litigation enforcement, and judicial recommendations to support and supervise administrative law enforcement on biodiversity protection.

Since 2013, courts at all levels have tried and concluded a total of 182,000 first-instance cases involving biodiversity protection, involving wild animals and plants and their living environment protection, fishery and forestry resource protection, animal and plant inspection and quarantine, and new plant varieties. The core areas of biodiversity protection, such as the protection of species diversity, genetic diversity, and ecosystem diversity, use the rule of law to effectively safeguard national ecological security and the lives, health, and safety of the people.

(1) Comprehensively strengthen the protection of species diversity

　　Strengthen the judicial protection of animal and plant resources.

The Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Smuggling", detailing the criminal sanction norms and conviction and sentencing standards for the crime of smuggling precious animals and plants and their products, and clarifying the new forms of crimes that endanger biodiversity Paths and methods; jointly issue the "Reply on Relevant Issues Concerning the Application of Article 344 of the Criminal Law of the People's Republic of China" to strengthen the criminal judicial protection of ancient and famous trees; Interpretation of Several Issues in the Law, which adjusts the basic standard of conviction and sentencing from quantity to value, comprehensively considers whether the animals involved in the case are artificially bred, the degree of endangered species, etc., better reflects the characteristics of wild animal resource protection and the principle of adapting crimes to punishments, and responds effectively social concern.

　　Strengthen the judicial protection of terrestrial biological species.

Strengthen the judicial protection of typical and unique wild animal and plant species in my country, such as Tibetan antelope and yew, to protect the safety of wild animal and plant communities.

Through judicial cases, it is clarified that any act of hunting, killing, selling, buying, utilizing, transporting, carrying, and delivering wild animals is the place where the behavior of destroying the ecology occurs, and realizes the cross-domain crackdown on the behavior of endangering wild animals.

The Qinghai court prosecuted and tried the defendant who had been on the run for 26 years for illegal hunting of Tibetan antelopes, and the judicial protection of the Qinghai-Tibet Plateau's spiritual vegetation, thousands of rivers and thousands of mountains.

The Guangdong court heard the case of illegally selling earthworm electric fishing tools, and gave a negative evaluation to the behavior of using natural resources such as "fishing from the lake" and "killing chickens to extract eggs".

The Hubei court heard the case of endangering the national key protected plant yew to promote the return of species to nature.

The Gansu court severely cracked down on crimes endangering national key protected plants in the Yellow River Basin, and built a defense line for the protection of flagship species of biodiversity.

　　Strengthen the judicial protection of aquatic biological species.

Severely punish crimes that endanger representative species of aquatic ecosystems. From different perspectives such as closed fishing seasons, closed fishing areas, prohibited tools or methods, etc., the whole chain will crack down on illegal and criminal activities such as illegal fishing of aquatic products, and effectively protect the safety of aquatic species.

The Shanghai court heard the criminal case of illegal hunting and killing of the Chinese sturgeon and the incidental civil public interest litigation, and protected the Chinese sturgeon, known as the fish king of the Yangtze River, and its habitat in accordance with the law.

The Chongqing court heard the case of illegal fishing with extremist nets that caused the death of China's unique freshwater species of mullet, and chose felony conviction and punishment according to law, reflecting the clear direction of severely cracking down on illegal fishing and protecting unique freshwater fish species.

The Jiangsu court heard the case of illegal fishing of eel fry from the Yangtze River, and ordered the buyers, sellers and fishers of eel fry to bear joint and several liability for compensation, and the whole chain cracked down on behaviors that endanger the ecological security of the Yangtze River.

The Hunan court heard the case of illegal fishing of snails in Dongting Lake, which prompted several tons of snails to return to nature, maintaining the safety of the water food chain and ecological balance.

The Fujian court heard the case of illegal acquisition and sale of shark tooth products and red coral products, providing strong judicial protection for precious and endangered marine species.

(2) Comprehensively strengthen the protection of genetic diversity

　　Guarantee the genetic safety of germplasm resources.

Severely punish crimes that endanger the safety of germplasm resources, and make every effort to protect the safety of natural germplasm resources and genetic treasures by establishing key inspections, rescue and normalized publicity mechanisms, biological and habitat protection cooperation mechanisms, and ecological protection legal service stations.

The Liaoning court severely punished the illegal acquisition, transportation, and sale of spotted seals, a first-class state-protected wild animal, and rescued nearly 100 spotted seal cubs, effectively safeguarding the safety of branch populations of unique marine species in China.

The Hunan court heard the public interest litigation case of overcatch Rana Zhaojue and black-spotted frog, and protected the genetic diversity of terrestrial wild animal populations with important ecological, scientific, and social values ​​in accordance with the law.

The Fujian court and the management agency of the nature reserve jointly established a cooperation mechanism for the protection of the Chinese white dolphin and its habitat in Xiamen, and the Yunnan court established a legal service station for the ecological protection of China's Hornbill Valley in mountain villages along the ancient Silk Road, protecting the treasure house of germplasm resources at zero distance.

　　Strictly prevent and control the invasion of alien species.

Serve to strengthen biosecurity management, accurately grasp the legislative purpose of the newly added "crime of illegally introducing, releasing, and discarding invasive alien species" in the "Criminal Law Amendment of the People's Republic of China (Eleven)", correctly apply the provisions of the "Biosecurity Law of the People's Republic of China", and strengthen Connect environmental criminal justice with administrative law enforcement, explore and promote the mechanism of "prevention and early warning, detection and monitoring, extinguishment and interception, joint control and disaster reduction", increase efforts to crack down on illegal and criminal acts of smuggling and trafficking foreign animal and plant species, and build a solid foundation for protecting the local natural ecosystem, The Great Wall of Justice to prevent the invasion of alien species.

The Shandong court heard the case of illegal trafficking of rare foreign wild species through online platforms, severely cracked down on the crime of disorderly trading of exotic species, and effectively maintained national ecological security.

　　Build a solid line of defense for animal and plant inspection and quarantine.

The judiciary guarantees the prevention and treatment system of major epidemics and the construction of emergency response capabilities, and severely punishes illegal and criminal acts of buying, selling and transporting animals and plants involved in epidemics in accordance with the law, making the animal and plant inspection and quarantine mechanism a rigid line of defense.

The Sichuan court heard the case of transshipment of wood from forest-affected areas that hindered animal and plant epidemic prevention and quarantine, and seized and destroyed the pine wood carrying the pine wood nematode pathogen known as the "cancer" of pine trees, and dismantled the "ecological bomb".

The court in Yunnan heard the case of the epidemic caused by the importation of breeding sheep, convicted and punished the suppliers of breeding sheep who failed to declare for quarantine and vaccination according to the law, and alerted practitioners to improve their awareness of biosafety and law-abiding.

The Shandong court tried the case of selling poultry products with unknown cause of death, cut off the illegal profit chain with an output value of 1,000 tons, and eliminated the risk of animal epidemics.

The courts in many places heard cases of illegal trafficking of swine fever pigs and dead bodies related to foreign countries to strictly prevent the spread of the disease in the country and effectively safeguard the lives, health and safety of the people.

(3) Comprehensively strengthen the protection of ecosystem diversity

　　Strengthen judicial protection of wetland ecosystems.

Wetlands are known as the "kidneys of the earth". As the three major ecosystems of the earth alongside forests and oceans, they are of special significance for maintaining biodiversity.

In his speech at the 14th Conference of the Parties to the Ramsar Convention, General Secretary Xi Jinping proposed to cherish wetlands and demanded to promote the high-quality development of wetland protection.

The people's courts strictly implement the requirements of the "Wetland Protection Law of the People's Republic of China", increase efforts to hear cases of damage to the natural environment of wetlands, focus on the protection of biological habitat space carriers, protect migratory bird migration stations and biological breeding homes, and ensure the safety and stability of wetland ecological functions.

The Jiangxi court set up an environmental resource court and a biodiversity protection base in Poyang Lake, China's largest freshwater lake, which is included in the List of Wetlands of International Importance, to comprehensively protect rare migratory birds and wetland ecosystems.

The Chongqing Court has established judicial restoration bases such as the "ecological restoration + rural revitalization" base in the Three Gorges Reservoir Area of ​​the Yangtze River, the Hanfeng Lake Wetland and Bird Judicial Protection Base.

The Jiangsu court heard the case of hunting night heron eggs in the wetland park, and investigated the criminal responsibility of the illegal hunters and the liability for compensation for the loss of ecological service functions, so as to maintain the integrity of the food chain of the wetland ecosystem.

The Henan court heard the case of forced demolition of Yellow River wetlands and illegal expansion of fishponds. It attacked the phenomenon of random occupation, mining and piles of Yellow River wetlands, effectively restored the functions of wetlands, and maintained the ecological safety of the mother river.

　　Strengthen judicial protection of forest ecosystems.

Forests are reservoirs, money banks, grain banks, and carbon pools. Forests and grasslands play a fundamental and strategic role in national ecological security.

The people's courts serve to promote the scientific implementation of large-scale land afforestation actions, and continuously improve the pertinence, rationality and enforceability of forest restoration plans in ecological and environmental protection litigation.

The reform of the collective forest tenure system for judicial protection has been deepened, and the establishment of a mechanism for realizing the value of ecological products has been promoted to help realize the sustainable use of forest resources.

The courts of Heilongjiang and Hainan jointly formulated and issued special opinions on the protection of forest resources and wild animals and plants, and increased accountability for destroying the forest ecological environment.

Based on the endowment of local resources, courts in Zhejiang have explored the grid-based governance model of "one court, one judge in one town (township, street)", and assigned "forest judges" at the grassroots level to guard the forest bamboo sea around the clock.

The Jiangsu court heard the case of forest fire caused by sweeping during the Qingming Festival, and the Sichuan court heard the case of grassland fire caused by throwing cigarette butts. The perpetrators were seriously investigated for legal responsibility, and the good customs of ecological sacrifice and civilized use of fire were promoted, and the public's awareness of fire prevention in forests and grasslands was raised.

　　Strengthen judicial protection of marine ecosystems.

The report of the 20th National Congress of the Communist Party of China proposed to "develop the marine economy, protect the marine ecological environment, and accelerate the construction of a marine power".

The people's courts are fully concerned about the significance of marine ecological security to the protection of biodiversity and the healthy and stable development of the marine economy.

The Supreme People's Court formulated the "Regulations on Several Issues Concerning the Trial of Cases Occurring in my country's Jurisdictional Sea Areas (II)" to crack down on illegal acts that infringe upon the marine ecological environment in accordance with the law.

The Guangxi court heard the administrative penalty case of illegal sea reclamation in the Beibu Gulf, and accurately determined the nature of the illegal subject's unapproved land reclamation, effectively protecting the authenticity and integrity of the natural coastline, and effectively maintaining the safety of the marine ecological environment.

The Fujian court carried out the "Maritime Silk Road Blue Screen" protection action, jointly formulated the Blue Ocean Convention with administrative functional departments, and added convention signs to fishing boats in coastal counties and urban areas, announcing the protection of marine resources and the protection of the coastline environment, and mobilized coastal fishermen and boat people to consciously protect the ocean Ecological environment, guarantee the healthy development of marine ecological economy.

2. Adhering to the concept of green justice, weaving a strict judicial protection network for biodiversity

　　The people's courts fully, accurately and comprehensively implement the new development concept, identify the balance point between ecological and environmental protection, economic and social development, and protection of people's livelihood, and coordinate the promotion of high-quality economic and social development and high-level protection of the ecological environment to help realize the harmonious coexistence of man and nature.

Based on judicial practice, we will continue to deepen our understanding of the regularity of environmental resource trials, establish and practice new-age ecological and environmental protection concepts such as protection first, prevention first, damage responsibility, and system protection, and strive to build strict, pragmatic and effective environmental resource judgments The rule system enriches and improves the preventive, punitive, and restorative measures for the judicial protection of biodiversity, and provides clear guidance and clear value orientation for the judicial protection of biodiversity.

(1) Adhere to the policy of giving priority to protection

　　Establish the concept of ecological priority justice.

There is no substitute for the ecological environment, and it is difficult to survive without realizing it.

We must adhere to sustainable development, adhere to the policy of giving priority to conservation, protection, and natural restoration, and protect nature and the ecological environment like protecting our eyes.

The Supreme People's Court strengthened the top-level design, and successively issued 15 judicial policy documents such as the "Opinions on Strengthening and Innovating Environmental and Resource Trial Work in the New Era to Provide Judicial Services and Guarantees for the Construction of a Modern Modernization of Harmonious Coexistence between Man and Nature" to guide courts at all levels to firmly establish The ecological civilization concept of respecting nature, conforming to nature, and protecting nature, severely cracking down on crimes of illegal hunting, trading, and eating wild animals, hearing cases involving endangered species, ecological damage, and loss of biological genetic resources in accordance with the law, safeguarding national ecological security, biosecurity and public health security.

Scientifically and accurately understand the harmonious coexistence of man and nature, abandon pure anthropocentrism or nature centrism, promote the mutual learning and integration of the two, and share the earth home where man and nature live in harmony.

　　Serve the green development of economy and society.

Focusing on the theme of high-quality development, the people's courts tried cases involving green financial investment and industrial restructuring in accordance with the law, helping to accelerate the green transformation of the development model; properly handling disputes caused by high-energy consumption and high-emission projects, and promoting the green transformation of key industries and important fields. Help further promote the prevention and control of environmental pollution; strictly implement the "Law of the People's Republic of China on the Protection of the Yangtze River", "The Law of the People's Republic of China on the Protection of the Yellow River" and other ecological protection laws and regulations, serve the recuperation of grasslands, forests, rivers, lakes and wetlands, ensure the fallow and rotation system of cultivated land, and help improve the diversity of ecosystems To ensure stability, stability and sustainability; to hear cases involving climate change in accordance with the law, to promote clean and efficient use of energy, to promote the widespread formation of green production and lifestyles in the whole society, and to help actively and steadily promote carbon peak carbon neutrality.

　　Enrich and improve the green referee rules.

The Supreme People's Court, based on the summary of trial practice experience, formulated 21 judicial interpretations such as the Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases over Forest Resources, and issued 26 special guiding cases and typical cases on environmental resources such as "biodiversity protection" 280 cases in 26 batches, strengthened referee guidelines, and protected objects cover various environmental elements and ecosystems.

Implement the green principles of the "Civil Code of the People's Republic of China", adhere to the protection and sustainable use of natural resources, properly hear cases involving mineral deposits, forests, rivers, lakes, wetlands and other natural resources in accordance with the law, and coordinate industrial restructuring, pollution control, ecological protection, and climate response Variety.

Drafted judicial guidance to help carbon peak carbon neutralization, and carried out research on adjudication rules for new types of cases, such as carbon emission rights, pollution emission rights trading, and green finance, to ensure the healthy development of new business formats.

Strengthen the judicial protection of nature reserves with national parks as the main body, implement the requirements for ecological location protection, take the safety of biological communities and their habitats as an important consideration in case trials, and stop illegal business activities that endanger precious and endangered wild animals and plants in accordance with the law. Install safety guardrails for the reproduction of all things through judicial judgment.

(2) Consolidate prevention as the main line of defense

　　Implement the principle of risk prevention.

Implement the principles of protection priority and prevention first established in the "Environmental Protection Law of the People's Republic of China", fully consider the major real risks that threaten biodiversity according to the characteristics of ecological and environmental infringement cases, and promote biodiversity protection from "curing existing diseases" to " "preventive cure" transformation.

The Yunnan court heard the "Green Peacock Protection Case", broke through the traditional concept of "no damage, no relief", comprehensively considered factors such as the unique value of the protected species, the possibility of damage, the severity and irreversibility of the damage, and promptly stopped the relevant Project construction, protection of endangered wild animal habitats according to law.

The Sichuan Court heard the "Five Small Leaf Maple Protection Case". Based on the principle of risk prevention, the defendant was judged to take preventive measures, including the impact on the survival of endangered wild plants in the environmental impact assessment of construction projects, and to promote the coordination of environmental protection and economic development.

　　开展预防性保护公益诉讼。推动完善环境公益诉讼、生态环境损害赔偿诉讼制度，明确对于损害尚未发生，但有证据证明污染环境、破坏生态的行为具有损害社会公共利益重大风险的，可以依法提起预防性公益诉讼。最高人民法院发布《关于审理环境民事公益诉讼案件适用法律若干问题的解释》，细化法律规定的机关和社会组织提起环境公益诉讼规则；与最高人民检察院联合发布《关于检察公益诉讼案件适用法律若干问题的解释》，建立健全检察公益诉讼制度；出台《关于审理生态环境损害赔偿案件的若干规定(试行)》，明确省、市级人民政府提起的生态环境损害赔偿诉讼规则，为加强生物多样性司法保护提供有力制度支撑。

　　适用禁止令遏制违法行为。最高人民法院针对包括生物多样性在内的生态环境保护特殊需求，以民事行为保全制度为依据，出台《关于生态环境侵权案件适用禁止令保全措施的若干规定》，为濒危物种保护提供明确裁判指引和有力司法工具。各地法院严守生态功能区边界和生态保护红线，根据生物种群及其栖息地保护的紧迫性、必要性，以禁止令司法措施及时制止侵害行为，把损害消灭在源头或控制在合理范围。切实发挥刑事审判矫正行为和预防再犯功能，在非法猎捕、交易、食用野生动植物及其制品等犯罪案件中，依法对有关被告人适用刑事禁止令或从业禁止，为生物多样性安全筑牢预防性保护防线。

(三)落实损害担责原则

　　严格落实生态环境法律责任。我国宪法以国家根本大法的形式，确定了“保护和改善生活环境和生态环境”“保护珍贵的动物和植物”等原则。人民法院坚持法律底线、生态红线不可触碰的理念，以宪法为遵循，准确适用以《中华人民共和国环境保护法》为统领、涵盖各类污染要素和山水林田湖草沙等各类自然生态系统的生态环境保护法律体系，严格追究破坏生物多样性违法犯罪行为法律责任，确保生态环境保护法律法规成为“长出牙齿”的严规铁律。坚持环境有价、损害担责，被告人因同一生态环境损害行为需要承担刑事、行政责任的，不影响其依法和优先承担生态环境损害赔偿民事责任。

　　全面赔偿生态环境损失。准确把握生态要素相互影响规律，科学认定破坏生物多样性行为对生态系统服务功能的影响，实现从单一环境要素保护到生态系统整体保护的升级，量化赔偿责任数额。江苏法院审理长江沿岸非法露天采矿案，根据山体、林草、水土、生物资源及其栖息地等各生态环境要素受损情况，整体认定非法采矿行为造成的生态环境损害，由侵权人全面赔偿。上海法院审理水产种质资源保护区非法捕捞案，判令侵权人承担环境敏感区附加损失，有力保护具有较高经济价值和遗传育种价值的水产种质资源生长繁育区域水生生态。重庆法院审理三峡库区特有物种“荷叶铁线蕨保护”案，在受损生态环境已经修复情况下，基于生态环境受到损害至修复完成期间服务功能丧失导致的损失客观存在，依法判令侵权人予以赔偿。

　　依法适用生态环境侵权惩罚性赔偿。突破传统的损害填平原则，依法适用《中华人民共和国民法典》生态环境侵权惩罚性赔偿条款，判令故意实施破坏生物多样性行为的不法行为人承担超出实际损害数额的赔偿责任，达到充分救济受损权益、制裁恶意侵权人的效果，切实提高违法行为成本。最高人民法院出台《关于审理生态环境侵权纠纷案件适用惩罚性赔偿的解释》，细化惩罚性赔偿申请程序、适用条件。山东法院审理以食用为目的收购、出售珍贵、濒危野生动物案，依法追究违法餐饮服务经营者刑事责任的同时，判令其承担生态环境损害赔偿责任，并适用惩罚性赔偿，切实加大对故意侵害生物多样性行为的惩处力度。

(四)完善系统保护举措

　　坚持一体化保护修复。生态系统具有整体性、系统性及内在规律，必须统筹考虑，以司法裁判引导市场主体、社会公众增强环保意识，推动构建源头严防、过程严管、损害严惩、责任追究和充分修复的现代环境治理司法保障体系，推动生态环境协同治理。全环节、全要素、全链条打击破坏野生动植物资源犯罪，一体摧毁“捕、购、销”利益链条，斩断黑色交易链。有机衔接对同一破坏生物多样性行为的刑事制裁、民事赔偿、行政处罚，有效促进惩治犯罪、赔偿损失和修复环境的协调统一。湖南法院审理滥伐林木刑事附带民事公益诉讼案，将被告人自愿交纳修复保证金纳入量刑情节，督促违法行为人积极履行生态修复义务，实现案件办理的政治、法律、社会和生态四个效果统一。

　　开展全方位修复行动。贯彻恢复性司法理念，遵循自然规律，立足不同生态要素特点，探索创新补植复绿、增殖放流、劳务代偿、技改抵扣、认购碳汇等多种环境资源审判独有裁判执行方式，修复范围涵盖森林、河湖、滩涂等领域，为不同类型自然环境、生态系统提供全方位修复选项。建立执行回访机制，对生态环境修复效果进行全面评估，形成生物多样性保护“破坏—判罚—修复—监督”完整闭环。浙江法院审理破坏国家级公益林案，充分考虑生态环境修复的时效性、季节性、紧迫性，裁定侵权人先予执行补植苗木，保障森林生态环境及时修复。

　　打造多功能修复基地。创新工作方法，建立集生态理念传播、生态成果展示、生态法治教育、生态文化推广、生态保护体验等多功能于一体的司法修复基地，形成多层次修复、立体化保护的生态环境司法平台，推动生物多样性稳步恢复、生态环境质量持续改善。江苏法院在动物园设立生物多样性司法实践基地，以动物救护医院专业力量为支撑，为野生动物实施科学救助。重庆法院在长江三峡库区铺设人工鱼巢、候鸟司法保护基地、收容救护中心，加强珍稀特有物种针对性保护。福建法院构建海洋蓝碳资源司法保护与生态治理机制，将生物多样性资源保护修复与增强海洋碳汇能力深入结合。

三、完善专门审判体系，持续提升生物多样性司法保护能力水平

　　人民法院贯彻落实中央关于加快建立健全以治理体系和治理能力现代化为保障的生态文明制度体系要求，按照司法体制改革、四级法院审级职能定位改革以及诉讼制度改革要求，以推动机构运转实质化、集中管辖协同化、环境司法智慧化、司法协作常态化、纠纷解决多元化为重点，持续深化改革创新，构建完善中国特色专门化环境资源审判体系，不断提升生物多样性司法保护能力水平。

(一)专业审判体系日益完善

　　专门审判机构全面建立。结合特殊生态区域保护需求，扎实推进以流域等生态系统或生态功能区为单位的跨行政区划环境资源专门审判机构建设。最高人民法院、30个高级人民法院及新疆生产建设兵团分院成立环境资源审判庭，南京、兰州、昆明、郑州、长春环境资源法庭相继设立，全国法院共设立环境资源审判专门机构或组织2426个，我国成为全球唯一建成覆盖全国各层级法院环境资源审判体系的国家。四川法院设立大熊猫生态法庭，云南法院设立绿孔雀家园法律保护巡回审判点，浙江法院建立古樟树群司法保护站，为加强当地生物多样性保护奠定坚实基础。

　　归口审理机制有效落实。最高人民法院及28个高级人民法院将环境资源刑事、民事、行政审判职能归口至环境资源专门审判机构或组织，整合发挥刑事审判惩治和教育功能、民事审判救济和修复功能、行政审判监督和预防功能，促进生物多样性保护等环境资源案件的审判理念和裁判标准统一。云南、江西、浙江、四川等地法院探索涵盖执行职能的“四合一”归口机制，将生态环境保护理念贯穿到审判执行全领域、全过程。着力培养既精通环境法专业领域又熟悉相关经济、社会及环境科学知识的专家型法官，打造适应“三合一”归口审理模式、掌握刑事民事行政专业法律知识的专业审判队伍。

　　案件集中管辖持续推进。以生态系统或生态功能区为单位，对环境资源案件实行跨行政区划集中管辖，推进生物所属食物链和生态圈一体化保护，破解生物多样性保护“主客场”问题。最高人民法院指导各地法院根据生态环境治理需要和环境资源案件特点，充分考虑重要生物地理单元和生态系统类型的完整性，探索以流域、森林、湿地等生态系统及国家公园、自然保护区等生态功能区为单位的跨行政区划集中管辖。江苏法院推行以南京环境资源法庭为核心、9个生态功能区法庭为依托的“9+1”集中管辖机制，江西法院建立长江、鄱阳湖等省内“一江一湖五河”流域集中管辖法庭，有效推进系统保护、整体治理。

(二)多元共治格局不断健全

　　加强内外协调联动机制。充分关注生物多样性保护案件特点，构建多层次跨域司法协作机制。长江流域11+1省市、黄河流域9省市区高级人民法院分别签署环境资源审判协作协议，京津冀、长三角、大运河、南水北调沿线等法院共建多层次司法协作机制，服务流域区域系统化保护和一体化发展。强化外部协调联动机制，有效解决涉生物多样性案件中专业性问题评估、鉴定，涉案物品保管、移送和处理，案件信息共享等问题，增强保护合力。服务以国家公园为主体的自然保护地体系建设，保障加快实施重要生态系统保护和修复重大工程。吉林法院与东北虎豹国家公园管理局共建东北虎豹国家公园司法保护和研究基地，福建法院以武夷山国家公园为主体建立生态环境司法集中管辖区和协作区，海南法院配合热带雨林国家公园建设发挥审判职能，服务保障国家生态文明试验区建设。

　　完善多元纠纷解决机制。以公开促公正、树公信，深化全流程司法公开。坚持专业审判与公众参与相结合，组建技术专家库和人民陪审员数据库，黑龙江法院制定专项办法选任涉林人民陪审员。加强诉源治理，统筹涉生物多样性矛盾纠纷的磋商、调解、仲裁等非诉讼纠纷解决机制，高效便捷满足群众多元化环境司法需求。结合生物繁育栖息地、自然公园等区域，打造生物多样性司法示范基地、宣教场馆等便民亲民法治平台。完善生态保护补偿制度，探索野生动物肇事补偿机制，对接金融行业开展野生动物致害理赔。云南法院设立“人象和谐法律服务点”，对接乡镇政府、行政职能部门、行业协会等多方力量，搭建一站式调解工作平台，护航亚洲象平安“北上南归”。福建法院探索“生态司法+保险”机制，为古树名木投保财产损失险、公众责任险，破解古树名木受损修复难题。江苏法院在南京红山森林动物园建立全国首个法院主导的生物多样性司法保护馆，有效提升司法辐射力和引领力。

　　倡导生物多样性保护全民行动。充分发挥生态环境司法的社会指引、评价、教育作用，倡导低碳生活方式和绿色消费理念，引导扭转食用野生动物、使用珍贵动植物制品等落后观念和做法，推动向简约适度、文明健康的方向转变。形成“六五环境日”集中宣传普法品牌，充分利用国际生物多样性日、世界野生动植物日、世界湿地日、全国水生野生动物保护科普宣传月等重要时间节点，集中开展生物多样性保护宣传教育和科普活动。运用微信公众号等新媒体平台发布特色案例图文，以老百姓喜闻乐见的形式普及生物多样性保护知识，使更多群众成为生物多样性保护“宣传员”和“行动者”。江苏法院探索野生动物资源破坏线索举报奖励机制，将生态损失赔偿费接入“110涉野生动物犯罪举报平台”。重庆法院制作微视频，用生动诙谐的方言讲述鱼儿历险故事和长江水生物种保护知识，数万网友线上点赞，有效激发公众保护生物多样性积极性。

四、深化国际合作交流，推动完善全球生物多样性保护法治规则

　　生物多样性是地球生命共同体的血脉和根基。人民法院秉持人类命运共同体理念，统筹推进国内法治和涉外法治，积极参与包括生物多样性保护在内的全球生态环境治理，依法履行生物多样性保护国际公约，推进司法经验交流互鉴、成果惠益分享，以法治力量服务推动构建人类命运共同体。

(一)推动共建地球生命共同体

　　成功举办世界环境司法大会。2021年5月，作为《生物多样性公约》第十五次缔约方大会迈向昆明系列活动之一，最高人民法院与联合国环境规划署成功合作举办世界环境司法大会。国家主席习近平向大会致贺信，指出“中国愿同世界各国、国际组织携手合作，共同推进全球生态环境治理”。来自27个国家最高法院、宪法法院、最高行政法院的院长或首席大法官、大法官以及地方法院法官，国际组织代表和驻华使节等共计160余人参加会议。大会期间，云南境内的一群野生亚洲象一路北上，沿途受到严格保护，其在人工引导下平安南归的过程成为世界热议话题，中国政府的护象行动深受国际社会好评。

　　系统应对世界三大环境危机。生态环境是不可分割的公共产品，生物多样性丧失、气候变化、环境污染等三大环境危机相互联系，互为因果，应当以系统方法论指导应对行动路径。最高人民法院起草并推动通过《世界环境司法大会昆明宣言》，系统应对全球生态环境三大危机，提出公平、共同但有区别的责任及各自能力原则、保护和可持续利用自然资源原则、损害担责原则“三大法治原则”，倡导积极适用预防性、恢复性司法措施、公益诉讼和多元化纠纷解决方式，持续推动环境司法专业化、信息化、国际化，达成国际环境司法的“最大公约数”。

　　践行生物多样性保护庄严承诺。作为最早签署和批准《生物多样性公约》的国家之一，中国积极履行公约义务，充分展现大国担当，在全球生物多样性保护和治理进程中发挥着重要作用。最高人民法院在有关司法解释和指导性意见中专门明确国际条约适用问题，强调重视国际法规则的司法立场。四川法院审理“五小叶槭保护案”，在裁判理由中引用《生物多样性公约》阐释了采取预防性措施保护生物多样性的必要性，依法保护《世界自然保护联盟濒危物种红色名录》中“极度濒危”植物物种生存环境。海南法院审理某船务公司诉三沙市渔政支队行政处罚案，通过适用相关司法解释规定，认定《濒危野生动植物种国际贸易公约》附录二中的涉案物种砗蠔为《中华人民共和国水生野生动物保护实施条例》规定的珍贵、濒危水生野生动物，有力维护海洋生物多样性。江苏法院审理特大走私象牙案，对被告人严惩重罚，彰显了人民法院积极履行国际条约义务，严厉打击濒危物种走私违法犯罪的鲜明态度。

(二)积极参与全球生态文明建设合作

　　深化国际环境司法交流合作。最高人民法院举办博鳌亚洲论坛环境司法分论坛、金砖国家大法官论坛并会签《三亚声明》，携手联合国环境规划署、亚洲开发银行、欧洲环保协会等国际组织合作召开生物多样性司法保护、气候变化司法应对等多场国际会议，形成《环境司法国际研讨会北京共识》等重要成果，参加《生物多样性公约》第十五次缔约方大会生态文明论坛、世界自然保护大会高级别圆桌会议等研讨活动，讲好中国环境司法故事，不断拓展国际合作广度深度，共同应对全球生物多样性挑战。

　　贡献中国环境司法案例智慧。推动联合国环境规划署数据库专门设立中国裁判板块，收录两批20件中国环境司法案例和4部年度工作报告，一批知名度高、具有重要影响力的中国环境司法案例获得国际社会积极评价。“绿孔雀保护案”入选推动联合国可持续发展目标第十五条“陆地生物”典型案例，相关举措有力推进了2030年可持续发展目标中关于物种保护和生态系统保护任务的完成。出版双语《中国最具影响力的环境资源案例》，联合国环境规划署官员在该书序言中评价：“中国在推进环境法治方面取得了令人瞩目和振奋的成就”“在全球环境治理中处于引领地位”。通过国际交流，用案例这一世界各国均“听得懂的语言”，向世界展示中国环境司法有益探索和成功经验。

展 望

　　“万物各得其和以生，各得其养以成。”大自然是人类赖以生存发展的基本条件。中华民族优秀传统文化中“天人合一”“道法自然”的生态哲理思想，充分体现了生物多样性保护的智慧与情怀。实现人与自然和谐共生，是中华民族自古以来的美好追求，是全社会共同向往的美好愿景。

　　党的二十大报告深刻指出，促进人与自然和谐共生是中国式现代化的本质要求之一，要求“坚定不移走生产发展、生活富裕、生态良好的文明发展道路，实现中华民族永续发展”，为美丽中国建设擘画了美好蓝图，确立了战略路径。新时代新征程上，环境资源审判工作担当的历史责任之重前所未有，承载的历史使命之大也前所未有。人民法院将全面深入贯彻党的二十大精神，坚持以习近平新时代中国特色社会主义思想为指导，深入践行习近平生态文明思想和习近平法治思想，紧紧围绕“努力让人民群众在每一个司法案件中感受到公平正义”的目标要求，全面加强生物多样性司法保护工作，始终做万物和谐美丽家园的坚定推动者、维护者，以司法呵护灵动生命，用规则守护优美环境，为完善生物多样性保护法治体系、不断增进人民群众生态环境幸福感获得感安全感、推进建设人与自然和谐共生的中国式现代化贡献司法智慧和力量！