The Paper's chief reporter Diao Fanchao and senior reporter Lin Ping
【Editor's Note】
On December 26, 2020, the 24th session of the Standing Committee of the 13th National People's Congress voted to pass the Law of the People's Republic of China on the Protection of the Yangtze River. This law has created a precedent for China to carry out river basin governance in accordance with the law, and has provided useful reference for the protection and development of other important river basins. From March 1 this year, the Yangtze River Protection Law will be officially implemented. On the occasion of the implementation of the Yangtze River Protection Law, The Paper specially launched a special topic on the interpretation of the laws and policies of the Yangtze River Protection Law, and comprehensively explained the value and significance of the Yangtze River Protection Law through interviews with relevant administrative departments of the State Council, legislative experts and industry scholars.
At the 24th meeting of the Standing Committee of the 13th National People's Congress on December 26, 2020, the Yangtze River Protection Law was passed by a unanimous vote, which is rare in the eyes of Xu Hui, who has been engaged in legislative work for many years: "Some laws always have reservations, abstentions, or opposition votes, and the final unanimous approval of the Yangtze River Protection Law shows that everyone still has a consensus, and it is very important and urgent that the promulgation of this law is very important and urgent." ”
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Xu Hui: Beware of supporting regulations "small loopholes" affecting the "big project" of yangtze river protection. The Paper's reporter Diao Fanchao video editor Wu Jiaying (03:17)
How will the promulgation of the Yangtze River Protection Law protect our "mother river" with the coercive effect of the law? What is the significance of the dedicated chapter on "Green Development"? Does the State Council and relevant departments and localities in the Yangtze River Basin need to carry out a comprehensive clean-up of regulatory documents against the Yangtze River Protection Law? The Paper (www.thepaper.cn) exclusively interviewed Xu Hui, member of the Standing Committee of the National People's Congress and vice chairman of the Constitution and Law Committee of the National People's Congress.
Xu Hui, member of the Standing Committee of the National People's Congress and vice chairman of the Constitution and Law Committee of the National People's Congress, was interviewed by The Paper. The surging news reporter Diao Fanchao pictured
The Yangtze River Protection Law has created a precedent for China to carry out river basin governance according to law
The Paper: You have continued to pay attention to the yangtze River protection legislation, judicial and other issues, in your opinion, what are the highlights and significance of this law?
Xu Hui: The promulgation of the Yangtze River Protection Law has filled the gap in China's comprehensive legislation on river basins, created a precedent for China's watershed governance according to law, and provided useful reference for the protection and development of other important river basins; marking that the protection of the Yangtze River has entered a new stage of comprehensive protection according to law, which is of great significance for promoting the comprehensive green transformation of the economic and social development of the Yangtze River Basin, realizing the harmonious coexistence between man and nature and the sustainable development of the Chinese nation.
The Yangtze River Protection Law has a total of 9 chapters and 96 articles, which are closely linked with other relevant laws and focus on the particularity of the protection of the Yangtze River, with four main highlights: First, do a good job in the top-level design of overall coordination and system protection. It stipulates that the state shall establish a coordination mechanism for the Yangtze River Basin to provide unified guidance, overall coordination, and overall promotion of the protection of the Yangtze River; it is required to establish a working mechanism for the protection of the Yangtze River, clarify the division of responsibilities and labor of governments at all levels and their relevant departments, and river and lake chiefs at all levels; and propose to establish a regional coordination and coordination mechanism to effectively strengthen the systematic, integrated, and coordinated nature of the protection and development of the Yangtze River. The second is to insist on placing the protection and restoration of the ecological environment of the Yangtze River Basin in an overwhelming position. By stipulating higher protection standards and stricter protection measures, the overall protection and systematic restoration of landscapes, forests, fields, lakes and grasses will be strengthened. The third is to adhere to the new development stage, practice the new development concept, and build a new development pattern. Establish a chapter on "Planning and Control" to optimize the industrial layout, adjust the industrial structure, and delineate the red line of ecological protection by strengthening planning control and negative list management, so as to achieve scientific, orderly, green and high-quality development of the Yangtze River Basin. The fourth is to adhere to the orientation of responsibility and increase the intensity of punishment. Implement the responsibility system and assessment and evaluation system for the protection of the ecological environment in the Yangtze River Basin; establish a system of interviews on the protection of the Yangtze River; stipulate that the State Council regularly reports to the Standing Committee of the National People's Congress on the protection of the Yangtze River; supplement and refine relevant provisions on key issues, and effectively enhance the authority and enforceability of the legal system.
The Yangtze River Protection Law is both a law for the protection of the ecological environment and a law for promoting green development
The Paper: The Yangtze River Protection Law clearly includes "jointly grasping great protection and not engaging in large-scale development." According to your observation, what controversies and consensuses were reached during the legal review?
Xu Hui: Some laws always have reservations, abstentions, or opposition votes, and the final unanimous passage of the Yangtze River Protection Law shows that there is still a consensus that the promulgation of this law is very important and urgent.
The idea of "jointly grasping great protection and not engaging in large-scale development" conforms to the needs of China's national conditions, conforms to the current situation of the Yangtze River Basin, and correctly understands the profound connotation of "jointly grasping great protection and not engaging in large-scale development", which is the basis for doing a good job in the legislative work of the Yangtze River Protection Law. Not to engage in large-scale development does not mean that we do not want large-scale development, but to first establish a rule, put the ecological restoration of the Yangtze River in the first place, protect the mother river of the Chinese nation, and not engage in destructive development. Through the establishment of rules, forcing industrial transformation and upgrading, under the premise of adhering to ecological protection, develop suitable industries, and achieve scientific development, orderly development and high-quality development.
To this end, the positioning of the Yangtze River Protection Law is first of all a law on the protection of the ecological environment, which has established a series of hard-negotiated mechanisms in various aspects such as resource protection, pollution prevention and control, and ecological restoration; it emphasizes that the protection and restoration of the ecological environment is placed in an overwhelming position, and all kinds of development and construction activities are strictly regulated according to law, preventing and correcting various acts that affect and damage the ecological environment, and promoting harmonious coexistence between man and nature.
Secondly, the Yangtze River Protection Law is also a green development promotion law, which stipulates many supportive, guaranteed and necessary binding measures in promoting the upgrading and transformation of key industries and the clean transformation of heavily polluting enterprises, promoting the integrated development of urban and rural areas in the Yangtze River Basin, and improving the quality of urban and rural living environments; and strives to accelerate the formation of an industrial structure, growth mode and consumption model that conserves energy resources and protects the ecological environment, promotes the comprehensive green transformation of the economic and social development of the Yangtze River Basin, and makes the green bank of Qingshui produce huge ecological and economic benefits 3. Social benefits.
Write the national strategy for green development into it, and lead the high-quality development of the Yangtze River Basin with the forced effect of law
The Paper: The Yangtze River Protection Law took the lead in writing the national strategy for green development into it, while also placing the protection and restoration of the ecological environment in an overwhelming position, what is the value of this part? In your opinion, how does this law promote the modernization of China's governance system and governance capacity in the field of ecological civilization construction?
Xu Hui: The Fifth Plenary Session of the 19th Central Committee of the Communist Party of China put forward the long-term goal of basically realizing socialist modernization by 2035, including "extensively forming a green production and lifestyle, stabilizing and decreasing carbon emissions after peaking, fundamentally improving the ecological environment, and basically achieving the goal of building a beautiful China." The Yangtze River Protection Law fully implements the long-term goal of green development in the spirit of the Fifth Plenary Session of the Nineteenth Central Committee of the Communist Party of China, unswervingly adheres to the protection in development and development in protection, and jointly grasps great protection and does not engage in large-scale development. For example, in the general provisions, the basic concept of ecological priority and green development in the Yangtze River Basin is clarified; a special chapter , Chapter VI " Green Development " , has been set up. In the context of many countries in the world that have raised green development to national strategies, China has taken the lead in writing the national strategy of green development into the Yangtze River Protection Law, leading the high-quality development of the Yangtze River Basin with the compulsory effect of the law, providing a strong legal guarantee for taking the lead in a new path of ecological priority and green development, and providing useful experience for promoting the formation of a green production and lifestyle.
In the Yangtze River Protection Law, the relevant content of ecological environmental protection and restoration in the Yangtze River Basin runs through the entire law. For example, in the general provisions, the strengthening of ecological environmental protection and restoration in the Yangtze River Basin is clearly regarded as the first purpose of the legislation of the Yangtze River Protection Law; the special chapters of "resource protection", "water pollution prevention and control" and "ecological environment restoration" are taken as the core contents, and the responsible subjects, protection and restoration of various types of ecological environmental protection and restoration are specified in detail; the responsibility system and assessment and evaluation system for ecological environmental protection in the Yangtze River Basin are clearly implemented, as well as interviews and regular reports. With the strictest responsibility system to ensure the protection and restoration of the ecological environment in the Yangtze River Basin. Insisting on placing the protection and restoration of the ecological environment of the Yangtze River Basin in an overwhelming position is conducive to strictly regulating all kinds of development and construction activities in accordance with the law, preventing and correcting various acts that affect and damage the ecological environment, establishing and improving the hard constraint mechanism of the ecological environment of the Yangtze River, and promoting harmonious coexistence between man and nature. This is the original intention and gist of the legislation of the Yangtze River Protection Law, and it is where the fundamental interests of the Chinese people and the long-term interests of the Chinese nation lie.
As The Yangtze River Protection Law, as China's first special law for comprehensive management of river basins, embodies strategic leadership and implements General Secretary Xi Jinping's strategic thinking of "jointly grasping great protection and not engaging in large-scale development" and ecological priority and green development; highlights the top-level design, clearly proposes to establish a coordination mechanism for the Yangtze River Basin, unified guidance, overall coordination, and overall promotion of the protection of the Yangtze River; embodies the problem orientation, adheres to the protection and restoration of the ecological environment of the Yangtze River Basin in an overwhelming position; attaches importance to implementation. A set of scientific assessment, evaluation and supervision system has been constructed, and the authority and enforceability of legal provisions have been strengthened. These are all active explorations to solve the problems in the field of rule of law in China's current ecological civilization, provide important experience for the protection and development of other important river basins in China, and will effectively promote the modernization of China's ecological civilization construction governance system and governance capabilities.
The Paper: To protect the ecological environment of the Yangtze River, the strictest system and the strictest rule of law should be implemented, and with the implementation of the Yangtze River Protection Law, does this mean that this goal can be achieved?
Xu Hui: A prominent feature of the Yangtze River Protection Law is that in accordance with Chairman Li Zhanshu's requirement that "we must fully embody greater and stricter responsibilities, and heavier and harder punishments for violations of the law," we should adhere to the orientation of responsibility and increase the intensity of punishment. On the one hand, it pays attention to strengthening assessment, evaluation and supervision, proposes to implement the responsibility system and assessment and evaluation system for ecological environmental protection in the Yangtze River Basin, establishes a yangtze river protection interview system, and stipulates that the State Council regularly reports to the Standing Committee of the National People's Congress on the protection of the Yangtze River; on the other hand, adheres to the problem orientation, supplements and refines the relevant provisions on the basis of existing relevant laws on the basis of existing relevant laws for key issues such as fishing bans, shoreline protection, and illegal sand mining in the Yangtze River, and significantly increases the amount of fines, increases the punishment method, and makes up for the shortcomings and deficiencies of existing laws. Effectively enhance the authority and enforceability of the legal system. It is believed that with the formal implementation of the Yangtze River Protection Law, it will play an important role in protecting the ecological environment of the Yangtze River and promoting the green development of the river basin.
Carry out a comprehensive clean-up of regulatory documents against the Yangtze River Protection Law, and beware of the "small loopholes" of supporting regulations affecting the "big project" of Yangtze River protection
The Paper: Some scholars have pointed out that the protection of the Yangtze River cannot be achieved overnight by relying on national legislation alone, and that the local rule of law is an important part of the rule of law for the protection of the Yangtze River in China, and the powers of the central and local governments should be reasonably defined, and the responsibilities of governments at all levels should be clarified. What do you think of this view?
Xu Hui: The full and effective implementation of the Yangtze River Protection Law requires the coordination and cooperation of water law, waterway law, fishery law, administrative punishment law, criminal law and other relevant laws, and also needs to scientifically divide the rights of governments at all levels to govern and protect river basins through the refinement of administrative regulations, local regulations, rules and other normative documents at different levels. The State Council and relevant departments and localities in the Yangtze River Basin should comprehensively clean up the Yangtze River Protection Law against the yangtze River Protection Law, formulate the formulation of the regulations, revise the amendments, and abolish the abolitions, ensure that they comply with the provisions of the higher-level law, avoid multiple government outlets and fights with each other, and beware of the "small loopholes" of supporting laws and regulations affecting the "big projects" of the Yangtze River protection. Relevant localities should also carry out coordinated legislation on river basins and regions, define clearly the relationship between the rights and responsibilities of each region and subject in the basin in accordance with the requirements of unified management of the whole river basin, and establish an implementation and operation mechanism with clear powers and responsibilities, unified powers and responsibilities, orderly supervision, and effective constraints. It is necessary to strictly implement the principle of "the party and the government share the same responsibility" and "one post and two responsibilities"; the party committees and governments of all provinces and cities in the river basin bear overall responsibility for the governance of the ecological environment in their respective regions, implement the requirements of the Yangtze River Protection Law, and formulate and implement goals, tasks, and policy measures conducive to the protection of the ecological environment; the party committees and governments of the cities and counties in the river basin bear specific responsibilities and make overall plans to promote the work of supervision and law enforcement, market standardization, funding arrangements, publicity and education, and so on.
The Paper: How to avoid narrow sectoral and local protectionism in the implementation of the Yangtze River Protection Law?
Xu Hui: The Yangtze River Basin covers a total of more than 6,300 kilometers, involving 19 provinces, autonomous regions, and municipalities, traveling through 1.8 million square kilometers, and there are many places and departments in the basin that undertake management responsibilities, with complex division of responsibilities and relatively scattered functions. The resulting management method of the Yangtze River has brought about the problem of separate administration and duplication of construction, which has long been criticized. It can be said that the protection of the Yangtze River involves a wide range, the situation is complex, and the task is arduous, and it is necessary to fully coordinate the relationship between the upper, middle, and lower reaches, between the central and local governments, and between different departments, and vigorously guard against narrow departmental protectionism and local protectionism.
As China's first special law for the whole river basin, the Yangtze River Protection Law breaks the boundaries of administrative divisions according to the natural geographical conditions of the Yangtze River Basin, determines the geographical scope of application of the law as the 11 provinces (cities, districts) and 8 provinces (districts) involved in the catchment area formed by the main stream, tributaries and lakes of the Yangtze River, and establishes the management principle of systematic protection and overall coordination, which is conducive to enhancing the systematic, integrated and coordinated nature of the protection of the Yangtze River.
The first is to determine the legislative direction and positioning with "jointly grasping great protection and not engaging in large-scale development." The basic ideas drafted by the Yangtze River Protection Law include: adhering to systematic protection, focusing on the integrity of the ecosystem and the systematization of the Yangtze River Basin, coordinating various ecological elements, and implementing ecological restoration and environmental protection projects; strengthening overall coordination, adhering to basin-wide cooperation, and coordinated protection.
The second is to establish a management system for the Yangtze River Basin that combines unification and division and overall linkage. It is clear that the State Council and its relevant departments shall establish a coordination mechanism for the Yangtze River Basin in accordance with the law, uniformly guide and supervise the protection of the Yangtze River, coordinate the major policies, major plans and major matters for the protection of the Yangtze River, supervise and inspect the implementation of the important work of the protection of the Yangtze River; require all localities to perform their statutory duties for the protection of the Yangtze River within their administrative regions, and actively cooperate in local legislation, planning, supervision and law enforcement.
The third is unified planning, unified standards, unified monitoring and unified information release. Establish and improve a unified territorial spatial planning system for the Yangtze River Basin, establish a more perfect and strict ecological environment standard system for the Yangtze River Basin, and improve the resource survey, environmental monitoring, ecological and environmental risk early warning, environmental emergency response system, and monitoring information sharing and unified release system in the yangtze River Basin.
Let those who dare to challenge the authority of the law and dare to destroy the ecological environment of the Yangtze River pay a heavy price
The Paper: With the promulgation of the Yangtze River Protection Law, a 10-year fishing ban in the Yangtze River Basin has also been opened. It is estimated that the fishing ban involves nearly 280,000 fishermen in 10 provinces and cities along the river. How to escort people's livelihood while the judiciary is moving forward?
Xu Hui: The ten-year ban on fishing in the Yangtze River is a decision made by General Secretary Xi Jinping and the Cpc Central Committee with an eye on the overall situation and the long-term future, and is an important breakthrough in reversing the deterioration of the ecological function of the Yangtze River and the decline of aquatic biological resources. The Yangtze River Protection Law makes clear provisions on this and promotes the effective implementation of this ban from the legal level. The ban on fishing involves the livelihood of retired fishermen. By the end of last year, 111,000 fishing vessels and 231,000 fishermen had retired from fishing. Whether or not they can do a good job in compensating and resettling them according to law, so that they can retire and be stable, not only has a bearing on the effectiveness of the implementation of the Yangtze River Protection Law, but also affects the social harmony and stability of all parts of the Yangtze River Basin.
To this end, the provinces and cities along the river should earnestly assume the main responsibility, so that they should make up for it, go to the ship to the household, and realize the orderly conversion of production and employment. On the basis of accurately establishing a file and a card, it is necessary to properly do a good job in compensating and resettling retired fishermen, timely and fully distribute compensation funds, promote stable employment through multiple channels, and strengthen social security based on reality; we should implement classified policies and precise assistance according to the characteristics of fishermen's age and vocational skills to ensure that there is a way out ashore. Fishermen who have retired from fishing will be fully included in the scope of various skills training and employment introduction services, and open up employment and entrepreneurship channels. It is necessary to support leading enterprises, e-commerce platforms, etc., to drive retired fishermen to develop livestock and poultry aquaculture processing, ecological breeding and fishery, leisure tourism, etc., and broaden the channels for changing production and changing jobs; for fishermen with employment difficulties, they should be resettled through the establishment of public welfare posts, and strengthen social security such as old-age care and medical care through government subsidies and supplementary payments. Fishermen who have special difficulties in living and who are unable to be re-employed should be linked with poverty alleviation and minimum guarantee, and increase the intensity of assistance.
The Paper: 2021 is the first year of the implementation of the Yangtze River Protection Law, how to make the law grow "teeth"? How to achieve a combination of leniency and severity, and implement policies according to the locality?
Xu Hui: The key to making the law grow "teeth" and achieve the combination of leniency and severity and adapting policies to localities lies in continuously enhancing legal awareness and effectively implementing legal responsibilities through the combination of strengthening publicity and strengthening supervision. On the one hand, it is necessary to strengthen the publicity, education, and popularization of the law and consolidate the foundation for the implementation of the law. Strengthen and improve the publicity and education of ecological and environmental protection laws, make good use of various platforms such as traditional media and new media, and use vivid and specific cases to show the necessity, urgency and significance of legislation, and promote the observance of the law and the observance of the law to become customary and conscious. Encourage and guide citizens to take up the weapon of law to fight against the destruction of the Yangtze River and the destruction of the ecological environment, so that green production methods and lifestyles will become the common actions of the whole society. On the other hand, it is necessary to strictly supervise and account for law enforcement, and earnestly enhance the rigidity and authority of the law. Law enforcement organs should increase the intensity of law enforcement, carry out joint law enforcement, strike hard, form a deterrent, and effectively prevent "gray law enforcement" and "passive law enforcement." Judicial organs and procuratorial organs should strengthen public interest litigation on all kinds of environmental violations and crimes, conduct public trials, severely punish them severely, and make those who dare to challenge the authority of the law and dare to damage the ecological environment of the Yangtze River pay a heavy price. People's congresses at all levels should earnestly shoulder the responsibility of supervising the implementation of the law, regularly listen to and deliberate government reports on the implementation of the law and the ecological environment work in the Yangtze River Basin in accordance with the law, and urge relevant departments and their staff to perform their duties according to law and not dare to slacken off.
Editor-in-Charge: Jiang Ziwen
Proofreader: Liu Wei