The front page headline!Five -year change of environmental resources trials in Shaanxi Court 丨 Media Focus

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"Western Legal System"

The headline focuses on the Shaanxi Court

Change and improvement of environmental resource trial work

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Open the white paper "Shaanxi Environmental Resources Trial" released by the Higher People's Court of Shaanxi Province. A group of data and cases of one set of data and cases have recorded the changes and improvements of the environmental resource trial work in the Shaanxi court over the past 5 years.

The environmental resource trial of the Shaanxi High Court was established in July 2017, and gradually implemented the "three -in -one" criminal, civil, and administrative cases of environmental resources, and conducted research and guidance of criminal, civil and administrative environmental resource cases in the province's courts in the province. From top to bottom to promote the construction of environmental resource trial agencies. Over the past five years, the Shaanxi Court has fully strengthened the trial of environmental resources, providing more powerful judicial guarantees for the construction of beautiful Shaanxi and economic and social high -quality development.

Promote the establishment of a specialized trial system

"Environmental resource cases have high compositeness, professional technical, social -based, state -based intervention, and integration of public and private law. In order to meet these characteristics requirements, the province's courts have continuously improved the level of environmental resources to promote the construction of special trial agencies. "On July 26, Cui Xi, president of the Provincial High Court Environmental Resources Trial.

In the past five years, the province's courts have promoted the construction of environmental resource trial agencies by setting up an environmental resource trial, plus listed, setting up a trial team, and establishing a tour court. As of now, there are 88 environmental resource trial agencies in the province, and the full coverage of environmental resource trial agencies has been basically achieved.

At the same time that the special trial agency is established, the province's courts work hard to promote the trial of the case. In December 2021, the Provincial High Court issued the "Scope of the Shaanxi Court of Environmental Resources Judgment Agency (Trial)". Combined with the types, quantities, and characteristics of environmental resource cases in the province, with various types of cases of criminal, civil, and administrative cases as the starting point, refine the scope and responsibilities of environmental resource trial institutions, and promote the rationalization and scientificization of environmental resource case trials. 2. Professional, effectively solve the problems of "incompetence" of the case of environmental resource trial institutions, the dispersion of the case, the inconvenience of the referee standards, the inconvenience of the case statistics, and the inadequate guidance mechanism of the contact mechanism.

Based on the particularity of environmental resource trials in the province, in accordance with the requirements of the reform of the judicial system, it breaks the catering restrictions, highlights the high standard allocation, and determines that the judges who are familiar with environmental resources and rich trial experience form an environmental resource trial team. As of now, a total of 317 judges and police officers engaged in environmental resource trial work in the province.

Explore the rules of demonstration referee

The site of Wangyi Palace is located in Xixian New District. There is a large amount of construction waste in a routine of a routine within the protection range of the site, which not only pollutes the surrounding ecological environment, but also causes violations of cultural relics protection. The Xi'an Railway Transport Procuratorate filed an administrative public interest lawsuit with the Xi'an Railway Court on the grounds that a management committee of Xixian New District did not perform environmental supervision.

During the lawsuit, after the West Rail Court urged, the management committee invited environmental protection experts and cultural relics protection experts to conduct field inspections on the spot, formulated a special rectification action plan, and various functional departments were in accordance with "clearing, transportation, filling, covering, green" The procedures for cleaning and rectification have improved the local environment and pollution is fundamentally governed. The West Rail Procuratorate was withdrawn. The West Rail Court tried that the purpose of public interest litigation was achieved, so the ruling was allowed to withdraw the prosecution. On March 1, the case was selected as typical cases of solid waste pollution environment issued by the Supreme People's Court.

Shaanxi is one of the 13 pilot provinces and cities in the country to carry out public interest lawsuits. In recent years, the Provincial High Court has raised the characteristics of public interest litigation in conjunction with the procuratorial organs, innovated and improved specific judgment working methods within the scope of the legal framework, established a coordinated working mechanism, established a joint meeting system for procuratorial public interest litigation to ensure the orderly development of public interest litigation. The Provincial High Court supervised the project of major environmental public interest litigation cases, established a unified account, implemented a system of interoperability and interoperability, followed up and supervised in a timely manner, and giving full play to the supervision and guidance function. From January 2017 to December 2021, the province's courts accepted a total of 1,076 cases of environmental public interest lawsuits.

While reviewing the case, the Provincial High Court focused on the summary of typical cases and exploring the rules of the referee. In the past five years, 19 typical cases of environmental resources have been released. Among them, the "Three -Yuan County People's Procuratorate's lawsuit in the Datsu Town of Sanyuan County has not fulfilled environmental protection and pollution prevention and control of legal responsibilities and administrative public interest lawsuits", and was selected as typical cases of ecological and environmental protection of the Yellow River Basin of the Supreme People's Court, and used it as One of my country's second batch of 10 environmental resource trial cases was included in the China Environmental Judicial Judicarial sector by the UN Environmental Planning Agency's Environmental Law.

"Alternative Repair" extension of judicial protection

After the defendant Wang had a forest mortar permit, 85.159 cubic meters of forest wood was superior. On April 7, the Ankang Railway Transport Procuratorate filed a public prosecution to the Ankang Railway Court after review.

The Antie Court tried that the defendant Wang violated the national forest regulations and super -mixed forests. His behavior has constituted the crime of abusing forest wood. Considering the defendant Wang voluntarily paid the cost of "carbon exchange", plead guilty and punishment, and actively refund the stolen goods and other circumstances. It was sentenced to 3 years in prison, 3 years of probation, and fined 5,000 yuan, and confiscated illegal income and criminal tools.

This is the first criminal case of "carbon exchange" compensation for the "carbon exchange" compensation method to carry out ecological restoration. The Antie Court introduced the "carbon exchange" compensation method to carry out ecological and environmental judicial protection and innovation practices, which further enriched the "toolbox" of the recovery of environmental resource trials. In recent years, the province's courts have actively explored the referee implementation methods such as remote restorations, replacement of repair, and performed on their behalf, and strive to restore the infringed ecological environment functions.

The Xi'an Railway Court set up an ecological judicial protection base of the Yellow River Basin in Yanliang section of Ishikawa. With the recovery judicial concept of "who destroys, who fixes, focusing on protection and repair", explore the new model of judicial extension of environmental resources trials, and actively guide the parties Take a different place to replenish trees in the judicial base for replacement.

The Ankang Railway Transport Court combined with the characteristics of the Qinling Mountains and the Hanjiang River Basin, adheres to the ecological environment restoration of "where the ecology is weak and where is destroyed", and set up a demonstration demonstration of the "ten years of fishery" fishery resources in the Ecological Reserve of the Hanjiang River Basin in the Hanjiang River Basin Ecological Reserve. In the district, more than 10,000 key fishes are released; setting up a judicial protection base at Ankang Airport, setting up the first ecological judicial forestry carbon exchange education practice base in Pingli County, and serving the country's "dual carbon" goal; establishing "river (lake)) The working mechanism of the long, forestry+public inspection law "forms a joint force for ecological protection.

The Luonan County Court and relevant departments jointly established the nation's first Qinling Railway Judicial Protection Base, which is the first "judicial restoration+ecological recreation".

The courts such as Suide County, Tongchuan Yaozhou District, and other courts, while punishing illegal crimes and compensation for economic losses, by applying a variety of responsibilities such as paying ecological restoration fees, serving as the volunteer forestant, and the obligations administrator Starting criminal sanctions, civil compensation and ecological compensation environmental restoration responsibility system.

In recent years, the province's courts have decided to pay a total of 17.5157 million yuan for reimbursement to replenish planting, replacement of repairs, and compensate for ecological functional losses.

Build a large -scale protection pattern of environmental resources

In recent years, the province's courts have established a diversified governance system for ecological environmental protection and promoted coordinated regional development.

10 provincial units including the Provincial High Court and the Provincial Department of Ecological Environment formulated the "Administrative Measures for the Repairing Ecological Environment Damage Repair (Trial)", and together with the procuratorial, forestry, public security and other departments, they jointly established communication meetings, information sharing, work exchanges , Resolve disputes, linkage measures and other mechanisms, and promote the effective connection of judicial trials with administrative law enforcement.

The Xi'an Railway Transport Intermediate Court took the lead in establishing an environmental resource trial technical expert library in the province, and hired 60 experts involving the fields of atmosphere, water, soil, electromagnetic radiation The positive role.

In addition, the province's courts actively promote regional judicial cooperation and strengthen the construction of cross -regional judicial coordination and linkage mechanisms.

In June 2020, the people's courts of six counties (cities, districts) of Shaanxi, Henan, and Hubei formulated and issued judicial security opinions to provide judicial security for the protection of ecological environment resources in the water source area of ​​the South Water and North Diversion Midline.

In April 2021, the Provincial High Court signed a collaborative framework agreement with the High Court of Hubei and Henan Province to establish a judicial cooperation mechanism for the Danjiangkou Reservoir. In June 2020, the Korean City Court signed a memorandum of collaboration with the Shanxi Hejin Court to build a bridge between judicial collaboration between the two places to escort the ecological protection of the Yellow River Basin and the high -quality socio -economic development of the Yellow River Basin.

In April 2021, 11 Intermediate People's Courts, including Baoji Central Courtyard, Han Intermediate Court, Sichuan Guangyuan Intermediate Court, Gansu Longnan Intermediate People's Court, signed a collaborative framework agreement to establish a mechanism for judicial protection in environmental resources in the Jialing River Basin.

At the same time, the province's courts explore and establish and improve the diversified solution mechanism of environmental resource disputes, and promote the improvement of non -vocalization mechanisms such as arbitration, administrative mediation, people's mediation, industry mediation, and commercial mediation. 2. Completion of advantages and provide diversified choices for the resolution of environmental resource disputes.

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