Dapeng Peninsula, located in the east of Shenzhen, is surrounded by sea on three sides and crisscrossed by mountains. It has 128 kilometers of coastline and 305 square kilometers of sea area. It has many types of ecosystems and a forest coverage rate of more than 77%. It is a veritable "urban green lung" and "natural oxygen bar" ”, an important ecological barrier in the Guangdong-Hong Kong-Macao Greater Bay Area, and a model of the ecological and green beauty of the special economic zone.

The Dapeng People's Court of the Longgang District People's Court of Shenzhen City is located here.

　　As the people's court that has jurisdiction over all types of civil and commercial cases in Dapeng New District, as well as first-instance civil, criminal, administrative and enforcement cases related to environmental resources in the city, facing the new requirements for the construction of ecological civilization in the new era, Dapeng Court uses judicial escort to protect the blue sea and blue sky, and explore the environment Resource cases focus on governance, comprehensive governance, source governance, and extended governance to achieve diversified dispute resolution and litigation source governance for environmental disputes.

　　With the help of the judiciary, Shenzhen has solidly promoted the construction of ecological civilization according to the standards of the pioneer demonstration zone, and achieved remarkable results - it was successfully selected as a United Nations Biodiversity Charm City; Maozhou River and Dapeng Bay were selected into the first batch of "Beautiful Rivers and Lakes" and "Beautiful Bays" cases in the country. ; Shenzhen Dapeng New District and Longgang District were awarded the title of "Lucid waters and lush mountains are invaluable assets" practice innovation base...

Promote government-enterprise consultation to reduce litigation burden

　　The case was successfully resolved

　　"No, the river is polluted!" In April last year, staff from Shenzhen Baohua Water Co., Ltd. discovered large amounts of black oil floating on the surface of the Xinhu section of the lower reaches of the Xinzhen River during their daily inspection of the river.

　　Tracing back to the source, after confirmation of the pipe network distribution map and comparison of manually opened wells, the source of the oil pollution was a construction site project near the river. Workers dumped 18 liters of waste engine oil into the rainwater grate on the east side of the construction site. The Baoan Administration Bureau of the Shenzhen Municipal Ecological Environment Bureau The law enforcement officers of Xixiang Police Station caught him red-handed.

　　Law enforcement officers delivered a "Decision Ordering to Correct Illegal Behavior" to the company on the spot, and organized relevant units to intercept and respond to the contaminated river section. The next day, the river section was inspected and no black matter was floating, and the river outlet returned to normal. .

　　After investigation, the Baoan Administration Bureau determined that the company's illegal dumping of waste engine oil had caused damage to the surface water ecological environment.

In addition to the emergency expenses of 32,000 yuan, the company will face large administrative penalties and civil liability for ecological and environmental damage in the future.

　　Since 2018, Shenzhen has begun to implement an ecological environment damage compensation system to achieve "responsibility for damage and compensation for all liabilities." In practice, how to coordinate the application of administrative and civil legal liabilities has become a real problem for law enforcement departments. The environmental justice and administrative law enforcement coordination mechanism was subsequently launched.

　　After understanding the situation, Shi Donghui, the president of Dapeng Court, found that if the dispute entered the litigation process, the legal relationship would not be complicated, but this time the pollution was caused by employees' lack of environmental awareness and operational errors.

The company involved was small in scale, had no previous illegal records, and actively cooperated in emergency response.

　　If legal provisions are applied mechanically and huge fines are imposed, companies will not be willing to proactively perform, the litigation process will be prolonged, and it will be difficult to achieve the expected governance results.

Moreover, some companies have used malicious cancellation methods to evade fines in the past.

　　"In the context of building a service-oriented government and optimizing the business environment, if enterprises want to develop and the environment needs to be protected, the initiative of environmental justice and the modesty of administrative penalties must be considered." Shi Donghui suggested to the Baoan Administration Bureau to promote the compensation obligor Actively fulfill the responsibility for compensation for ecological and environmental damage, and subsequent administrative agencies and judicial agencies can use it as a basis for mitigation in accordance with the law.

　　Driven by the Dapeng Court, the Baoan Administration Bureau launched ecological and environmental damage compensation negotiations with the companies involved.

During the consultation process, Dapeng Court collected relevant laws, regulations and judicial cases to explain the law clearly, and put forward opinions and suggestions to reduce disputes that may arise during the implementation of the agreement.

It is also recommended to introduce third-party public welfare organizations to carry out alternative repairs.

　　The recommendations of the Dapeng Tribunal have been praised by both government and business parties.

In October last year, the two parties negotiated and reached an agreement, and the Longgang Court made a judicial confirmation ruling in accordance with the law and urged the company to implement alternative repair work.

This also became the first case in Shenzhen that judicially confirmed alternative restoration of ecological and environmental damage compensation, giving the damage compensation agreement enforceable effect.

The judiciary recommends "checking the pulse and prescribing prescriptions"

　　Achieve governance

　　In December 2023, deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, corporate employees and environmental volunteers from third-party public welfare organizations participated in and witnessed the theme activity of "Proliferation and Release to Protect Marine Ecology" co-organized by the Shenzhen Municipal Ecological Environment Bureau, Longgang Court and other departments.

　　At Dachan Bay Port in Bao'an District, Shenzhen City, the company involved shouldered the obligation to pay compensation in accordance with the law and released 60,000 black snapper fry into the ocean.

At this point, the rigid principle of "liability for damage" and the flexible principle of "enterprise proactive action" were well combined, and the dispute was successfully resolved in a short period of time.

　　The above cases are an epitome of Dapeng Tribunal’s persistence and development of the “Maple Bridge Experience” in the new era and its deep involvement in comprehensive grassroots governance.

To achieve a win-win situation for the economy, society, and the ecological environment, Dapeng Court has also extended its focus to the front end, accurately "taking the pulse" and treating diseases before they occur——

　　To support the construction of the "International Mangrove Center", while intensifying the hearing of cases involving forest resources in accordance with the law, the Dapeng Court also explored alternative restoration methods in accordance with the concept of "whoever destroys it, who restores it", and joined forces with the ecological environment, urban management and other departments Establish an ecological judicial restoration base, improve the use of restoration funds, actively carry out restoration and planting of mangroves, and continue to add "green" color to the mangroves in Guangdong;

　　In response to the situation where online community platforms obtain illegal wildlife trading information, a judicial proposal was issued, recommending that major well-known Internet platforms issue warnings and interceptions. At the same time, it reached a cooperation intention with the Animal Welfare Foundation to carry out public welfare publicity on wildlife protection and spread relevant information about wildlife protection. Policies, regulations and scientific knowledge contribute to the protection of biological diversity;

　　In response to the situation where oil fume nuisances people in the city, we issue environmental protection bans and issue judicial recommendations at the same time to promote comprehensive management of oil fume nuisances in the city and prevent such conflicts from occurring at the source;

　　To support the standardization of law enforcement in the field of ecological environment, it is recommended to clarify the scope of application and law enforcement procedures of agent performance, and promote the introduction of Shenzhen's first implementation measures for agent performance...

　　In the past three years, Dapeng Court has focused on protecting the blue sea and blue sky of the demonstration area, paying close attention to the source management of environmental resource disputes, issued and written 15 judicial suggestions and special reports, successfully resolved 1,077 conflicts and disputes before litigation, and mediated and dismissed 1,166 cases during litigation. , the cumulative dismissal rate of cases exceeds 50%.

Representative comments

　　As the people's demand for a better life further increases, environmental protection has increasingly become the focus of attention.

Wang Hai, deputy to the Provincial People’s Congress and secretary of the Party Committee of Shenzhen Lianchuang Technology Group Co., Ltd., believes that the ecological construction of Green Beauty Guangdong requires the escort of judicial power.

As a specialized court that has centralized jurisdiction over first-instance environmental resource cases in the city, Shenzhen Longgang Dapeng Court has in recent years strengthened its adherence to and development of the "Maple Bridge Experience" in the new era, deeply participated in comprehensive grassroots governance, and carried out multi-level and multi-channel governance of litigation sources. Exploring the judicial confirmation of ecological and environmental damage compensation agreements, issuing environmental protection injunctions, and sending judicial recommendations to promote industry rectification, etc., have achieved remarkable results in "preventing disease" and contributed judicial power to the construction of "Green and Beautiful Shenzhen".

(Nanfang Daily reporter Wu Xiaoxian and Du Weigan)