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Text | Reporter Hu Qihang
......Recently, China's first environmental justice TV series "Above the River" is on the air, and as the plot progresses, a number of cases that can be found in reality are presented to the audience. The play reflects the vivid practice of Xi Jinping Thought on Ecological Civilization and Xi Jinping Thought on the Rule of Law in the people's courts, shows the development achievements of the mainland's environmental resources trial work in recent years, and demonstrates the people's courts' firm determination to "use the rule of law to protect lucid waters and lush mountains".
In recent years, the people's courts have resolutely implemented the major decisions and arrangements of the Party Central Committee on promoting the construction of ecological civilization, actively responded to the new expectations of the people, deeply promoted the reform of the environmental resources adjudication system and mechanism, vigorously strengthened the construction of professional adjudication teams, and tried all kinds of environmental resources cases fairly and efficiently in accordance with the law, making positive contributions to the construction of a beautiful China.
Promote the professionalization of environmental resources adjudication
The ecological environment is related to people's livelihood and well-being, and lucid waters and lush mountains are inseparable from judicial protection. The construction of Beautiful China has put forward higher requirements for the specialization and specialization of environmental resources adjudication work. To this end, the people's courts continue to deepen the reform of the adjudication system and mechanism, improve the specialized adjudication organization system, and solidly promote the professionalization of environmental resources adjudication.
Since its establishment, the Environmental Resources Division of the Supreme People's Court has always regarded the construction of trial specialization as an important starting point for integrity and innovation, and has promoted the comprehensive development of environmental resources trial work.
It is understood that in order to establish and improve the organizational system of specialized adjudication of environmental resources, the establishment of the environmental resources tribunal of the Supreme People's Court has strengthened the systematic guidance of courts across the country, 30 high courts and the branch of the Xinjiang High People's Court Corps have set up environmental resources tribunals, Nanjing, Kunming, Zhengzhou, Changchun, Urumqi, Chongqing, Chengdu and other environmental resources courts have been set up one after another, and more than 400 intermediate and grassroots courts have established specialized adjudication bodies for environmental resources. In addition, some courts have also set up a number of specialized trial organizations such as specialized courts, circuit courts, and collegial panels for the trial of environmental resources. The number of environmental resources adjudication institutions and organizations in mainland China has increased from more than 500 in 2016 to more than 2,800 in 2023, making it the country with the widest coverage and the most complete system.
In order to promote the coordination of criminal prosecution, civil compensation, and administrative performance of duties in accordance with the law, the Supreme People's Court and the environmental resources adjudication bodies of local courts at all levels are actively exploring the "three-in-one" of criminal, civil, and administrative adjudication functions related to environmental resources.
In December 2020, the Environmental Resources Division of the Supreme People's Court completed the "three-in-one" centralization of civil and administrative adjudication functions on the basis of the successful trial of the "two-in-one" centralization. At present, nearly 1,200 courts across the country have implemented the "three-in-one", more than 500 courts have implemented the "two-in-one", and more than 40 courts have actively explored the "four-in-one" covering enforcement.
Promoting ecological and environmental justice at a higher starting point is inseparable from institutional guidance.
In recent years, the Supreme People's Court has issued a number of judicial interpretations to guide courts at all levels to apply the law comprehensively and accurately, and comprehensively improve the level of adjudication of environmental resources: the Interpretation on the Application of Punitive Damages in the Trial of Cases of Ecological and Environmental Infringement Disputes, which raises the cost of illegal acts in accordance with the law and makes malicious infringers pay the due price; Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Forest Resources", implement green principles, and promote the scientific protection and rational utilization of forest resources...... In addition, the Supreme People's Court has successively released special guiding cases involving environmental resources, biodiversity, environmental public interest litigation, and ecological and environmental protection of the Yangtze River, as well as typical cases on judicial services such as carbon peak and carbon neutrality, ecological protection on the Qinghai-Tibet Plateau, prevention and control of solid waste pollution, and protection of cultural relics and cultural heritage.
At the same time, the Supreme People's Court has issued judicial interpretations to regulate the participation of expert jurors in the trial of environmental resources cases; courts in Fujian and other places have established a system of ecological and environmental technical investigators; and courts in Hubei and other places have set up a database of environmental resources trial consulting experts to promote the improvement of the quality and efficiency of the facts, evidence, and judicial appraisal of the facts involved in the cases...... The people's courts have explored the use of "external brains" to assist in adjudication, and adhered to the combination of "crossing the river by feeling the stones" and strengthening top-level design, and a series of innovative measures have turned from ideas into reality, continuously releasing the effectiveness of environmental judicial governance.
Build a legal barrier for environmental governance
On January 4, 2021, the first case in the country to apply the punitive damages clause for environmental pollution under Article 1232 of the Civil Code of the People's Republic of China, the public interest litigation plaintiff, the People's Procuratorate of Fuliang County, Jiangxi Province, and the defendant Company H for environmental pollution civil public interest litigation was heard publicly and the verdict was pronounced in court.
In this case, Wu, the manager of the production department of Company H, handed over the sodium sulfate waste liquid produced by the company to Wu Mouliang, who had no hazardous waste disposal qualification, for disposal, and Wu Mouliang hired Li Mouxian to transport 30 trucks of 1,124.1 tons of sodium sulfate waste liquid to the octagonal well in Shou'an Town, Fuliang County, and the mountain in Dongkou Village, Xianghu Town, Fuliang County, which was dumped, causing the environment around the octagonal well in Shou'an Town, Fuliang County and the surface water of the Dongkou Group in Dongkou Village, Xianghu Town, Fuliang County to be polluted, seriously endangering the drinking water safety of more than 1,000 local villagers.
After identification, the total cost of ecological environment restoration of the two polluted plots was more than 2.16 million yuan, the total cost of environmental functional loss was more than 57,000 yuan, and the cost of testing and identification was more than 95,000 yuan. The emergency disposal costs incurred by taking reasonable prevention and disposal measures in Dongkou Village, Xianghu Town, Fuliang County, the polluted area, amounted to more than 530,000 yuan.
After trial, the court held that Wu, the manager of the production department of Company H, illegally disposed of the sodium sulfate waste liquid produced by the company, and his behavior should be determined to be an act of duty, and Company H should bear tort liability for the damage to the ecological environment caused by the professional behavior of its staff, so it ruled that Company H should compensate for the cost of ecological environment restoration, the cost of environmental functional loss, the cost of emergency disposal and the cost of testing. The appraisal fee totaled more than 2.85 million yuan, and the punitive damages for environmental pollution were more than 170,000 yuan, and at the same time, Company H was ordered to apologize to the public in the national news media for its environmental pollution.
After the judgment of the case came into effect, the people's court introduced and supervised the implementation of the restoration project by a third-party professional organization in the form of intensive management and use of funds, so that the environmental public interest litigation and the implementation of the restoration were effectively linked, and the restoration of the damaged ecological environment and the rights and interests of the people could be effectively protected.
The construction of ecological civilization is a fundamental plan related to the sustainable development of the Chinese nation.
Sanqingshan Giant Python Peak Protection Case, "Abandonment of Wind and Light" Civil Public Interest Litigation Case, "Green Peacock" Protection Case...... Since 2018, based on the function of environmental justice, the people's courts have tried a number of landmark cases in a fair and efficient manner in accordance with the law, making positive contributions to the construction of a beautiful China and effectively advancing the process of ecological and environmental justice. According to the Work Report of the Supreme People's Court (hereinafter referred to as the "Report"), in 2023, the people's courts will conclude 232,000 environmental resource cases, a year-on-year decrease of 5.8%, of which 5,386 cases involve environmental pollution, a year-on-year decrease of 11.5%, and the concept of harmonious coexistence between man and nature has become more deeply rooted in the hearts of the people.
"The report contains detailed data, and the people's courts have done solid work, making unremitting efforts to serve the construction of a beautiful China. I 'thumbs up' for the people's court. Huang Chunqiu, a deputy to the National People's Congress, has been concerned about the judicial protection of environmental resources. She said that in promoting the construction of ecological civilization, the people's courts have given full play to the role of environmental resources adjudication, woven a dense ecological and environmental judicial protection network, and contributed judicial wisdom and strength to the protection of environmental resources.
Between the mountains and rivers, the French emblem shines. The people's courts persist in exercising judicial activity, adjudicating all kinds of environmental resource cases in strict accordance with the law, persisting in punishing and preventing illegal and criminal acts of environmental resources with "all elements, all links, and all chains", and promoting laws and regulations on ecological and environmental protection to truly become strict and iron laws that "grow teeth"; through open trials and explanations of the law, strengthen the deep understanding of the whole society of ecological and environmental protection and the conscious protection of the people's environmental rights and interests, so that laws and regulations can be transformed from a "text law" with rigid constraints into an "inner law" that the people consciously abide by It has built an indestructible legal barrier for environmental governance.
On August 23, 2023, after the People's Court of Songming County, Kunming City, Yunnan Province, pronounced a verdict on a public interest litigation case of illegal fishing of aquatic products, it will work with relevant units to carry out post-judgment breeding and release activities Photo courtesy of Songming County People's Court of Kunming City, Yunnan Province
Promote the comprehensive management of the ecological environment
Trans-regional nature is one of the main characteristics of environmental resources cases, and for this reason, the people's courts have continuously strengthened cross-regional judicial cooperation and achieved a number of substantive results.
The Supreme People's Court has guided courts at all levels to focus on the integrated protection and systematic management of mountains, rivers, forests, fields, lakes, grasslands and sands, and adhere to the centralized jurisdiction mechanism for cases in ecosystems such as river basins, forests, and wetlands, as well as ecological function zones such as national parks and nature reserves, with 29 of the high courts and the XPCC branch of the Xinjiang High Court carrying out centralized jurisdiction over environmental resources cases within their jurisdictions.
In order to actively integrate into the implementation of major strategies such as the coordinated development of Beijing-Tianjin-Hebei, the integrated development of the Yangtze River Delta, the construction of the Guangdong-Hong Kong-Macao Greater Bay Area, the development of the Yangtze River Economic Belt, the ecological protection and high-quality development of the Yellow River Basin, and serve the protection and coordinated development of the regional system in the river basin, the high courts of 11+1 provinces (municipalities) in the Yangtze River Economic Belt and the nine provinces (regions) in the Yellow River Basin respectively signed a framework agreement on cooperation in environmental resources trials, and the high courts of seven provinces (municipalities) in the Qinling Mountains signed a framework agreement on judicial protection of the ecological environment and issued the Qinling Declaration 12 courts in Beijing, Tianjin and Hebei signed three judicial cooperation agreements to improve mechanisms such as joint meetings, consultations on important cases, entrustment of case handling, and sharing of results......
Zhang Jun, President of the Supreme People's Court, stressed that the judicial protection of the ecological environment must adhere to the judicial concept of coordinated governance of functional departments, actively promote judicial cohesion and cooperation, and make concerted efforts in unifying the judicial standards of law enforcement, the transfer of case clues, the implementation of environmental restoration, the investigation of responsibility for damages, and the promotion of environmental protection rule of law, so as to achieve a win-win, multi-win, and win-win situation for environmental resource protection law enforcement and justice and source governance.
In recent years, the people's courts, procuratorial organs, public security organs, administrative authorities, and so forth have established mechanisms such as joint meetings, case circulars, the transfer of leads, and the resolution of conflicts, to strengthen pluralistic coordination and co-governance, and to promote the organic connection between administrative law enforcement and judicial case handling. The Supreme People's Court, together with the Ministry of Ecology and Environment and other units, has successively issued action plans for the protection of the Yangtze River and the Yellow River, and coordinated the promotion of ecological protection and restoration, ecological security maintenance, and environmental quality improvement of the Yangtze River and Yellow River. Signed the "Framework Agreement on Strengthening the Protection and Utilization of Judicial Cultural Relics and Strengthening the Judicial Protection of Cultural Relics" with the State Administration of Cultural Heritage to jointly do a good job in the protection of cultural relics in the new era. In key areas such as national parks, nature reserves, and cultural heritage sites, local courts are to establish bases for the judicial protection (restoration) of the ecological environment that integrate functions such as roving trials, ecological restoration, publicity and education, and comprehensive governance.
While the people's courts continue to extend their functions to promote the comprehensive management of the ecological environment, they also pay attention to optimizing the publicity of the rule of law on environmental protection, combining the publicity of the rule of law with judicial openness, the use of cases to explain the law with judicial convenience, and the popularization of law with the popularization of science, giving play to the role of mechanisms such as roving trials, consciously accepting the supervision of all parties, and fully protecting the people's rights to know, participate, and supervise to promote the continuous improvement of the awareness of the rule of law and environmental protection in the whole society.
In February 2023, a number of media outlets livestreamed the trial of the country's first civil public interest lawsuit involving the illegal release of alien species, attracting more than 1 million viewers. The court invited experts to the courtroom, used the trial as a classroom and the judgment as a teaching material, explained the biosecurity risks caused by the introduction and release of alien species into the natural environment in a well-illustrated manner, and introduced the relevant legal provisions and the scientific principles behind them in detail.
Contribute China's judicial wisdom to the promotion of global environmental governance
The construction of ecological civilization is related to the future of mankind, and the construction of a beautiful homeland is the common dream of mankind. In recent years, China has continued to deepen the reform and innovation of environmental justice, and has accumulated useful experience in judicial protection of ecological and environmental protection, which has attracted worldwide attention.
Yang Linping, Vice President of the Supreme People's Court, said that the Supreme People's Court attaches great importance to international exchanges and cooperation in environmental justice and actively promotes the construction of a clean and beautiful world. Actively promote the formation of an international consensus on the rule of law, successfully host the World Conference on Environmental Justice with the United Nations Environment Programme, and work together to address the global environmental crisis, especially climate change, biodiversity loss and environmental pollution; Restorative justice measures, public interest litigation and diversified dispute resolution methods have reached a broad consensus on international environmental justice, contributing China's judicial wisdom to the establishment of a fair, reasonable, and win-win global environmental governance system.
China's judiciary has always been open to exchanges and sharing with the rest of the world. Chinese courts have continued to deepen international cooperation on environmental justice, convened international conferences such as the "Green Silk Road in the New Era" International Symposium on Environmental Justice and the International Symposium on Judicial Response to Climate Change, formed important outcomes such as the Beijing Consensus of the International Symposium on Environmental Justice, and participated in the Ecological Civilization Forum of the 15th Conference of the Parties to the Convention on Biological Diversity and the High-level Roundtable of the World Conservation Congress, continuously expanding the breadth and depth of international exchanges.
Green has become a distinctive background color of development, and the construction of ecological civilization is the "greatest common divisor" of the international community. China's environmental justice governance program has received great attention from the United Nations Environment Programme.
The Environmental Resources Division of the Supreme People's Court published the bilingual editions of "China's Most Influential Environmental Resources Cases" and "Top Ten Typical Cases of the World Conference on Environmental Justice", telling the story of China's environmental justice in a language that all countries in the world can understand, and improving the effectiveness of international communication. The United Nations Environment Programme (UNEP) has set up a dedicated section on China's environmental adjudication to continuously disseminate information on China's environmental and resource adjudication. So far, it has included 4 batches of 45 typical cases of China's environmental resources trials, including the "Green Peacock" case in Yunnan, as well as 8 environmental justice reports, including the "Judicial Protection of Biodiversity in China" and the annual work report, which have become an important platform to showcase the effectiveness of China's environmental resources trials and deepen international exchanges and cooperation on environmental justice, and have won wide recognition and praise from the international community.
In the preface to China's Most Influential Environmental Resource Cases, the United Nations Environment Programme (UNEP) commented: "China has made remarkable and exciting achievements in advancing the rule of law in the environment, and is in a leading position in global environmental governance. "The achievements of Chinese courts in promoting the protection and improvement of the ecological environment through judicial adjudication have won more and more recognition and praise from the international community.
In October 2023, at the sixth meeting of the Standing Committee of the 14th National People's Congress, Zhang Jun proposed and systematically explained the five concepts of active justice, green development, systematic protection, the strictest rule of law, and collaborative governance of environmental justice in the new era and new development stage.
"Implement the Party Central Committee's requirements for the overall advancement of domestic rule of law and foreign-related rule of law, and more consciously use the adjudication function to promote the construction of the rule of law for environmental resources. Actively broaden the international perspective, and actively participate in and lead the formulation of international environmental governance rules. Expand the breadth and depth of cooperation with relevant countries and international organizations such as the United Nations Environment Programme, improve mechanisms for case exchange and sharing, exchanges on the application of law, and training for judges in the same classroom, so as to serve and jointly build a shared future for all life on earth. We will continue to improve the ability and effectiveness of the rule of law on the mainland's environmental resources, which are of greater concern to governments and people around the world, tell the story of China's environmental justice, and expand the international influence and appeal of China's environmental justice. Zhang Jun pointed out.
People do not live up to Qingshan, and Qingshan will not live up to people. Yang Linping said that in the next step, the environmental resources trial will fully implement the concept of environmental justice in the new era and new development stage, more actively serve the overall work of the party and the country, and safeguard the national ecological environment and resource security, social public interests and the environmental rights and interests of the people.
Cover and table of contents of this issue
China Trial, Issue 6, 2024
China Trial News Semi-Monthly No. 340
Editor/Xu Chang