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北京四中院:探索多元化人性化灵活化履责方案
Ren Min Wang· 2025-09-26 01:30
据悉,本次通报的6个环境资源审判助推生态环境修复典型案例,展示了该院以安装新能源电动汽 车充电桩的替代性修复措施折抵因超标排放造成大气污染的损失、预防性裁判防止生态环境损害的发生 和扩大等环资审判助推生态环境修复的有效做法。(秦晋 王远哲) 在损害责任承担方面,王靖介绍,北京四中院坚持落实损害担责、全面赔偿原则。对于存在多人共 同造成生态环境破坏但每一个侵权人的污染环境、破坏生态行为都不足以造成全部损害的,鼓励部分侵 权人根据修复方案确定的整体修复要求履行全部修复义务,代其他侵权人支出的修复费用可以适当折抵 其应当承担的生态服务功能损失赔偿金额。 会上还介绍了北京四中院环境资源审判助推生态环境修复的主要做法。该院通过靶向调解破局,促 推污染企业主动承担环境治理责任;前置司法防线,探索预防性裁判将污染遏止于未然;提升公众体 验,构建符合北京特点的生态修复模式;灵活履责方案,确保受损生态环境全面修复;推动多元共治, 畅通"司法﹢行政"生态修复"快车道";践行新时代"枫桥经验",促推环境资源审判成果向生态环境保护 成果实质转化,为北京建设和谐宜居之都提供司法保障。 来源:人民法院报 本报讯 9月24日,北京市第四中 ...
宁夏:多部门共筑生态保护屏障
Ren Min Wang· 2025-09-21 00:50
会议指出,人民法院要持续强化环境资源审判专业化建设,优化审判组织体系,加大审判队伍专业 化培训,打造一支既懂法律又熟悉环境知识的审判力量;要持续深化恢复性司法实践,探索推行补植复 绿、增殖放流、劳务代偿等多种责任承担方式,建立健全与生态环境、林业、水务等部门的协同机制, 有效实现生态修复从纸上判决到实地执行的转化;要持续健全跨部门沟通协作机制,畅通信息共享、线 索移送和执法司法衔接渠道,完善联席会议、专题会商、联合调研等机制,构建多元共治大格局。 宁夏回族自治区高级人民法院联合自治区生态环境厅、自然资源厅、林业和草原局、公安厅、检察 院以及白芨滩、贺兰山、哈巴湖、罗山等国家级自然保护区管理部门及环境资源领域专家学者共同开展 座谈交流,持续强化行政执法部门与司法部门交流协作,巩固生态环境保护"大格局"成效。 座谈会上,与会人员围绕宁夏生态保护和修复现状、严厉打击生态资源领域犯罪、做好野生动物保 护等内容畅所欲言,聚焦具体司法保护案例开展交流研讨,结合工作实际从不同角度为构建生态环境保 护大格局建言献策。 本报讯 (记者 马荣)9月18日,一场以"凝聚法治力量,筑牢黄河流域生态保护和高质量发展先行 区司法屏障"为 ...
北京延庆法院在长城脚下筑起“法治绿盾”,守护首都西北生态屏障
Xin Jing Bao· 2025-08-17 23:29
Core Viewpoint - The Yanqing District People's Court in Beijing has been actively involved in environmental resource trials since the establishment of its environmental protection tribunal in 2010, emphasizing the balance between ecological protection and community rights [1] Group 1: Environmental Resource Cases - From January 2023 to June 2025, the court has accepted a total of 85 environmental resource cases, covering criminal, civil, administrative, and enforcement areas [1] - In civil cases, the court prioritizes mediation while combining it with adjudication to balance neighbor rights and ecological protection, clarifying the legal boundaries for land and water use [1] Group 2: Execution and Restoration - The court has developed a "specialized execution + diversified restoration" system in enforcement cases, exploring various restoration methods such as species replenishment and carbon sink compensation to effectively restore damaged ecological environments [1] Group 3: Typical Cases - The court has released typical cases, including the largest illegal fishing case in Beijing, illegal hunting of wildlife, administrative non-litigation enforcement review of the Great Wall protection, and forced execution of land recovery [1] - These cases reflect a dual approach of strict punishment for ecological damage and innovative exploration of ecological restoration, showcasing the court's judicial philosophy of balancing punishment and restoration, as well as protection and development [1]
河南省黄河干流环境资源巡回法庭实现全覆盖
He Nan Ri Bao· 2025-08-14 23:24
Core Points - The establishment of the Henan Yellow River Basin Environmental Resource Ninth Circuit Court marks the full coverage of circuit courts along the Yellow River in Henan Province [1] - The circuit courts aim to address the challenges of large geographical spans and long distances for parties involved in environmental resource cases along the Yellow River [1] - Since the establishment of the circuit courts, nearly 700 cases have been mediated or adjudicated, enhancing local dispute resolution and environmental awareness [1][2] Group 1 - The circuit courts were set up to improve the management of environmental resource cases in the Yellow River Basin, facilitating local hearings and resolutions [1] - The courts have been established in historically significant and culturally rich locations, emphasizing the importance of environmental protection [1] - The initiative aims to educate the public on the concept of "environment has value, damage bears responsibility," thereby enhancing the effectiveness of environmental governance [1] Group 2 - The court's leadership emphasizes the commitment to the principle that "lucid waters and lush mountains are invaluable assets," aiming for systematic and comprehensive ecological protection [2] - There is a focus on innovative mechanisms in environmental resource adjudication and increasing public awareness of ecological and legal responsibilities [2] - The goal is to leverage legal power to safeguard the ecological environment of the Yellow River Basin [2]
人民法院持续加强环境资源审判工作 依法严惩污染环境、破坏生态违法行为 法治之力提升生态颜值(法治头条)
Ren Min Ri Bao· 2025-07-09 22:07
Core Insights - In 2024, Chinese courts adjudicated 219,000 environmental resource cases, with compensation for ecological damage totaling 9.6 billion yuan, marking an 87.5% increase year-on-year [1] Group 1: Environmental Protection Enforcement - The Supreme Court revealed a case where four companies illegally mined resources under the guise of a wellness tourism project, resulting in significant geological damage and a loss of over 90 million yuan in mineral resources [2] - The Wuhan Intermediate Court imposed criminal liability on the companies for illegal mining and ordered them to pay over 12.9 million yuan for ecological service losses [2] - A detection company and its personnel were penalized for issuing 222 false environmental monitoring reports, leading to a fine of 200,000 yuan and prison sentences for responsible individuals [3] Group 2: Ecological Restoration and Preventive Measures - The Chongqing court executed a ruling to dismantle artificial fish nests in a critical spawning area to ensure ecological balance and protect fish populations [4] - The court mandated the construction of 1,961 square meters of artificial fish nests as a form of ecological restoration following illegal fishing activities [5] - A court in Huzhou issued a prohibition order to prevent activities threatening a newly discovered aquatic species, demonstrating proactive judicial measures for biodiversity protection [6] Group 3: Judicial Protection of Public Health - A pig farming cooperative was found responsible for polluting a drinking water source, affecting thousands of residents, leading to significant financial losses [7] - The Guang'an Intermediate Court ruled against the cooperative for environmental pollution, resulting in the dismantling of the pig farm and ongoing environmental restoration efforts [8] - The court provided judicial recommendations to local authorities to improve agricultural pollution management and prevent future incidents [9]
非法捕鸟承担刑责 还须赔偿生态损失(以案说法)
Ren Min Ri Bao· 2025-06-25 22:21
Core Viewpoint - The case highlights the illegal trade of endangered bird species in Ningxia, China, and emphasizes the need for stronger legal measures and ecological restoration efforts to protect wildlife and their habitats [1][2][4]. Group 1: Illegal Wildlife Trade - From 2021 to 2023, individuals engaged in the illegal acquisition and sale of wild birds and their eggs, including over 1,000 young birds and more than 6,000 eggs, some of which belonged to nationally protected species [1][2]. - The perpetrators used prohibited methods for hunting in restricted areas, leading to criminal charges against them for harming precious and endangered wildlife [2][4]. Group 2: Ecological Rescue Efforts - During the trial, one defendant continued illegal activities, resulting in the capture of over 2,800 heron eggs, which were found in poor conditions, leading to a coordinated rescue effort involving multiple agencies [3]. - A total of 86 million yuan was allocated for the rescue of the herons, and after four months of care, over 1,000 herons were successfully released back into the wild [3][4]. Group 3: Legal and Ecological Accountability - The court not only imposed criminal penalties but also required the defendants to compensate for ecological damage and the costs associated with the care of the birds, totaling over 1.9 million yuan [4]. - The case serves as a model for integrating legal accountability with ecological restoration efforts, showcasing a comprehensive approach to wildlife protection [4][6]. Group 4: Collaborative Environmental Protection - The court has initiated collaborations with various environmental and natural resource departments to create a framework for ecological protection and legal education [6]. - New regulations have been established to ensure that compensation for ecological damage can be used for wildlife rescue efforts, indicating a proactive approach to wildlife conservation [6].
人民法院2024年审结各类环境资源一审案件近22万件
Xin Hua She· 2025-06-05 07:01
Core Points - The Supreme People's Court reported that in 2024, a total of 219,000 environmental resource cases were adjudicated, including 4,168 environmental public interest litigation cases and 246 ecological damage compensation cases, with a total compensation amounting to 9.6 billion yuan [1] - The court emphasized strict enforcement of environmental protection laws and penalized over 4,900 cases related to environmental pollution, including criminal, civil, and administrative cases [1] - The establishment of 2,424 specialized environmental resource trial institutions and the involvement of over 16,000 judges and judicial assistants in environmental resource trials were highlighted, indicating a significant investment in judicial capacity [1] Summary by Category Environmental Litigation - In 2024, the courts concluded 4,168 environmental public interest lawsuits and 246 ecological damage compensation cases, with total compensation reaching 9.6 billion yuan [1] - The courts processed over 4,900 criminal, civil, and administrative cases related to environmental pollution [1] Judicial Capacity Building - By the end of 2024, 2,424 specialized environmental resource trial institutions were established, with more than 16,000 judges and judicial assistants dedicated to environmental resource trials [1] - Over 1,700 courts implemented specialized handling of environmental resource criminal, civil, and administrative cases [1] Collaborative Efforts - The courts are enhancing collaboration between administrative enforcement and judicial work, including a special campaign against fraudulent practices by third-party environmental service organizations [1] - More than 1,000 comprehensive ecological environment judicial protection (restoration) bases have been established to improve systemic protection levels [1]
最高法发布2024年度环境资源审判典型案例
Xin Jing Bao· 2025-06-05 07:00
Core Viewpoint - The Supreme People's Court of China emphasizes strict legal actions against environmental violations, particularly focusing on fraudulent activities by third-party environmental service providers and illegal waste disposal practices [1][2]. Group 1: Legal Actions Against Environmental Violations - A case involving a testing company revealed that the defendants provided 222 false environmental monitoring reports, earning over 760,000 yuan. The court sentenced the company to a fine of 200,000 yuan and imposed prison terms on six individuals ranging from nine months to one year and two months, prohibiting them from engaging in environmental monitoring for three years post-sentence [1]. - In another case, a resin technology company and its personnel were found guilty of illegally discharging over 20,000 tons of hazardous waste into the Yangtze River. The company was fined 6 million yuan, and the individuals received prison sentences ranging from two years to six years and six months, with a compensation mechanism involving cash and technological improvements [1]. Group 2: Promoting Green Transformation and Conflict Resolution - The courts are actively resolving conflicts arising from the green transformation of the economy, focusing on ecological and environmental disputes that affect people's lives. In a contract dispute case, a biomass energy company refused to accept over 7,000 tons of cow dung, leading to outdoor accumulation. The court applied green principles from the Civil Code to facilitate the reuse of the waste through various methods, including the production of biomass pellets [2]. - In a separate case, a livestock cooperative was found guilty of repeatedly discharging wastewater, contaminating drinking water sources and disrupting water supply to nearby villages. The cooperative was fined 400,000 yuan, and the responsible individual received a four-year prison sentence along with a fine of 100,000 yuan [2].
有公司出具222份假报告被判刑,最高法:严惩环境监测造假
第一财经· 2025-06-05 05:43
Core Viewpoint - The article highlights the increasing scrutiny and legal actions against environmental monitoring companies in China, emphasizing the importance of integrity in environmental data reporting and the judicial system's role in enforcing compliance [1][2]. Group 1: Legal Actions and Consequences - A case involving a testing company that provided false environmental monitoring reports was highlighted, resulting in the conviction of the company and six individuals for providing false certification documents, with fines and prison sentences imposed [2]. - The company was fined 200,000 yuan, while the individuals received prison sentences ranging from nine months to one year and two months, along with a three-year ban from engaging in environmental monitoring after serving their sentences [2]. Group 2: Judicial System's Role - The Supreme Court's actions serve as a strong warning to other environmental monitoring institutions and personnel, aiming to deter similar fraudulent activities [2]. - The judiciary has initiated a special rectification campaign targeting fraudulent practices among third-party environmental service providers, collaborating with various governmental departments to enhance ecological governance [2]. Group 3: Specialized Environmental Courts - By the end of 2024, 2,424 specialized environmental resource courts had been established across the country, with over 6,700 judges and 9,400 auxiliary personnel dedicated to environmental resource adjudication [3]. - More than 1,700 courts have implemented specialized handling of environmental criminal, civil, and administrative cases, optimizing jurisdictional arrangements and incorporating ecological experts into the investigation process [4]. Group 4: Case Statistics and Trends - In 2024, the courts concluded 219,276 environmental resource cases, including 25,811 criminal cases, 151,256 civil cases, and 42,209 administrative cases, with a notable increase in ecological damage compensation orders totaling 9.6 billion yuan, reflecting a year-on-year growth of 87.5% [4].
有公司出具222份假报告被判刑,最高法:严惩环境监测造假
Di Yi Cai Jing· 2025-06-05 05:31
Core Viewpoint - The People's Court is committed to strictly cracking down on illegal activities by third-party environmental service agencies, with ongoing special rectification efforts in collaboration with ecological and environmental departments [1][2]. Group 1: Legal Actions and Penalties - A case involving a testing company that provided false environmental monitoring reports was highlighted, with 222 fraudulent reports issued between March 2021 and October 2023, resulting in illegal gains of over 760,000 yuan [1]. - The court sentenced the testing company to a fine of 200,000 yuan and imposed prison terms ranging from nine months to one year and two months on six individuals involved, along with a three-year ban from engaging in environmental monitoring after serving their sentences [2]. Group 2: Judicial Recommendations and Measures - The Supreme Court emphasized the importance of punishing the defendants and implementing industry bans as a warning to other environmental monitoring institutions and professionals [2]. - The People's Court has issued judicial recommendations to administrative authorities to assist in comprehensive ecological and environmental governance, addressing the chaotic operations of third-party environmental service agencies [2]. Group 3: Specialized Environmental Resource Trials - By the end of 2024, 2,424 specialized environmental resource trial institutions had been established across the country, with over 6,700 judges and 9,400 auxiliary personnel dedicated to environmental resource trials [3]. - In 2024, the People's Court concluded 219,276 first-instance environmental resource cases, including 25,811 criminal cases and 151,256 civil cases, with a significant increase of 87.5% in ecological damage compensation amounting to 9.6 billion yuan [3].