最高法发布指导性案例 明确生态环境侵权责任裁判规则

Core Viewpoint - The Supreme People's Court of China has released the 46th batch of five guiding cases on ecological and environmental protection, aiming to unify legal application, clarify adjudication rules, and enhance judicial fairness in environmental civil public interest litigation [1][2][3] Group 1: Clarification of Legal Rules - The guiding cases clarify the adjudication rules for ecological environmental infringement liability, emphasizing the balance between high-quality development and high-level protection [1] - Case 257 establishes that if a construction project has undergone an environmental impact assessment and taken protective measures, it should not be deemed to pose a significant risk to social public interests [1] - Case 258 reinforces the principle of "protection first, prevention foremost," allowing courts to take immediate measures against significant risks posed by environmental pollution [1] Group 2: Regulation of Environmental Public Interest Litigation - The guiding cases outline the examination rules for environmental public interest litigation, ensuring the effective exercise of litigation rights by parties involved [2] - Case 259 specifies that courts should only allow withdrawal of lawsuits if the plaintiff's requests regarding ecological restoration and damage compensation have been fully realized [2] - Case 260 mandates substantial review of any settlement agreements in environmental civil public interest litigation to ensure they adequately protect social public interests [2] Group 3: Cross-Administrative Jurisdiction - The guiding cases establish procedural rules for cross-administrative jurisdiction cases, enhancing ecological environmental governance and judicial support for river basins [3] - Case 261 allows higher courts to designate lower courts with environmental resource adjudication functions for cross-administrative cases, facilitating better governance [3] - The Supreme People's Court aims to integrate the concept of "lucid waters and lush mountains are invaluable assets" into judicial practices, contributing to the construction of a harmonious relationship between humans and nature [3]