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生态环境法典不是简单的“合订本”
Ren Min Ri Bao· 2025-10-08 07:08
多年来,我国制定了以环境保护法为代表的一系列法律制度,生态环境法律制度更加健全,生态环境治 理的法治基石更加坚实,美丽中国建设的法治保障进一步强化。 我国地域辽阔,地貌复杂,生态环境 差异大,生态环境保护实践中面临一些新情况新问题。 因此,生态环境法典不是简单的"合订本",而 应采取适度法典化的模式。比如,可以将污染防治等领域中相对成熟、规则清晰、经验充分的制度条款 纳入法典。将现行有关流域、区域、自然资源、生物多样性等方面的法律制度规范,择其要旨要则纳入 或体现到生态环境法典之中。对于尚未制定专门法律的应对气候变化、碳达峰碳中和、绿色低碳发展等 方面,则在法典中作出原则性、引领性规定。既保证法典的逻辑自洽,又保留单行法调适复杂地域生态 差异的空间,为后续法律完善和地方制度创新留有空间。 不断推进生态文明法治建设,除了高质量立法,也离不开执法、司法、普法等环节协同发力。 近年 来,全国公安机关连续部署开展"昆仑""平安原野"等专项行动、专项工作,依法严厉打击危害鸟类等野 生动物犯罪活动;2024年1月— 2025年5月,全国检察机关共办理生态环境和资源保护领域公益诉讼7.4 万件,有力推动解决一批突出生态环境 ...
筑牢法治基石,守护绿水青山(说道)
Ren Min Ri Bao· 2025-09-28 22:28
Core Viewpoint - The establishment of the Ecological Environment Code is crucial for enhancing the legal framework for ecological civilization and environmental protection in China, ensuring the preservation of natural resources and promoting harmonious coexistence between humans and nature [1][3]. Legislative Progress - The 17th meeting of the 14th National People's Congress Standing Committee reviewed drafts of the Ecological Environment Code, which is China's second law named as a "code" and consists of five parts [1]. - The legislative process began with a public consultation after the initial review in April this year, indicating a significant step towards improving the legal governance of ecological issues [1]. Legal Framework and Challenges - Given China's vast territory and diverse ecological conditions, the Ecological Environment Code will not merely be a compilation of existing laws but will adopt a moderate codification approach [2]. - The code will incorporate established regulations from pollution prevention and other areas while allowing for flexibility in addressing regional ecological differences and emerging issues like climate change and green development [2]. Enforcement and Public Awareness - Continuous efforts in law enforcement, judicial processes, and public legal education are essential for advancing ecological civilization [3]. - Recent initiatives include the prosecution of 74,000 public interest lawsuits related to ecological and resource protection from January 2024 to May 2025, and the resolution of 219,000 environmental resource cases by courts [3]. - Public awareness campaigns have been conducted through various community activities, reinforcing the concept that "clear waters and lush mountains are invaluable assets" [3].
生态环境法典总则编、生态保护编和绿色低碳发展编草案拟提请二审
Yang Shi Xin Wen· 2025-09-05 07:32
Core Viewpoint - The National People's Congress Standing Committee is advancing the legislative process for the Ecological Environment Code, with drafts for the General Principles, Ecological Protection, and Green Low-Carbon Development sections set for second review [1][2][3] Group 1: General Principles of Ecological Environment Code - The second review draft aims to improve legislative purposes and definitions related to ecological environment [1] - It will enhance content regarding ecological and environmental supervision and judicial guarantees [1] - The draft will introduce provisions for "three water coordination" [1] - It will refine the ecological environment monitoring system and environmental impact assessment system [1] - The draft will also improve related ecological protection compensation systems [1] Group 2: Ecological Protection Section - The second review draft seeks to align with existing laws and ongoing legislative efforts, simplifying and improving the content [2] - It will set health, safety, and livability requirements for urban and rural greening [2] - The draft will enhance mechanisms for realizing the value of ecological products [2] - It will introduce targeted regulations for plateau, southwest karst regions, and desert ecosystems [2] - The draft will further refine regulations for water resource protection and sustainable use [2] - It will clarify seasonal differential control measures within nature reserves [2] Group 3: Green Low-Carbon Development Section - The second review draft will improve general provisions for green low-carbon development [3] - It will encourage the promotion of recycled materials and support for consumer goods exchange programs [3] - The draft will clarify the establishment of a carbon emission trading market and strengthen data quality management [3]
生态环境部:生态环境法典(草案)具有五方面亮点
Zhong Guo Xin Wen Wang· 2025-05-28 01:33
Core Viewpoint - The draft of the Ecological Environment Code is a significant political and legislative task determined by the Central Committee of the Communist Party of China, marking a major decision in the construction of the rule of law in China [1][2] Summary by Relevant Sections Highlights of the Ecological Environment Code - The draft maintains continuity by preserving effective institutional measures that have been tested in practice, such as chapters on ecological impact assessments and pollution prevention [1] - It addresses practical issues by granting independent law enforcement powers to county-level ecological environment bureaus, enhancing grassroots enforcement efficiency [2] - The draft enhances systematization by removing redundant and contradictory clauses from existing environmental laws, improving the overall coherence and coordination of the legal system [2] - It introduces innovative measures by elevating certain reform initiatives, such as central ecological environment protection inspections and ecological damage compensation, to the level of legal provisions [2] - The draft demonstrates foresight by making pioneering provisions for emerging areas like climate change, which currently lack specific legal regulations, thus laying a foundation for future institutional development [2]
全国人大常委会2025年度立法工作计划公布,金融法安排初次审议
Di Yi Cai Jing· 2025-05-14 09:10
Legislative Work Plan Overview - The National People's Congress (NPC) Standing Committee has announced the legislative work plan for 2025, which includes 14 bills for continued review and 23 bills for initial review [2][3] Continued Review Bills - The 14 bills for continued review include significant laws such as the Representative Law (amendment), Private Economy Promotion Law, Infectious Disease Prevention Law (amendment), and Financial Stability Law [2][3] Initial Review Bills - The 23 bills for initial review encompass a wide range of topics, including the Ecological Environment Code, National Development Planning Law, and Financial Law, indicating a focus on environmental and financial regulations [3][4] Financial Law Development - The Financial Law is highlighted as a crucial piece of legislation aimed at providing a foundational legal framework for financial activities, addressing existing legislative gaps and regulatory blind spots [4] Legislative Clean-up Initiatives - The NPC Standing Committee plans to initiate a comprehensive legal clean-up in 2025 to address inconsistencies and improve the legal framework, ensuring a more coherent legal system [6] Strengthening Review Mechanisms - The legislative work plan emphasizes enhancing the record review system, including the establishment of a unified platform for legal documents and improved coordination among relevant agencies [5]
人工智能立法将视情审议,全国人大常委会年度立法计划公布
Nan Fang Du Shi Bao· 2025-05-14 08:05
Legislative Work Plan Overview - The National People's Congress Standing Committee plans to continue reviewing 14 legal proposals and initiate the review of 23 new legal proposals in 2025 [1][2] Key Legal Proposals - The initial review includes significant laws such as the Ecological Environment Code and the Public Interest Litigation Law, which are aimed at enhancing environmental protection and public interest [2][3] - The Ecological Environment Code draft consists of five sections with a total of 1188 articles, focusing on pollution prevention, ecological protection, and green development [3] - The Public Interest Litigation Law aims to address the fragmented legal framework currently in place and adapt to evolving public interests [3] Artificial Intelligence Legislation - The legislative plan emphasizes the need for research and drafting of laws related to the healthy development of artificial intelligence, with a focus on regulating emerging technologies [4] - Previous regulations, such as the "Measures for the Identification of Generative Artificial Intelligence Content," are part of ongoing efforts to establish a legal framework for AI [4] Constitutional Implementation - The plan includes establishing a reporting system for constitutional implementation and enhancing the review of constitutionality in legislative processes [5][6] - It aims to ensure that all proposed laws undergo constitutional scrutiny to maintain the integrity of the legal framework [6] Strengthening Review Mechanisms - The legislative plan proposes improvements to the record review system, including the establishment of a unified platform for legal documents and regulations [7] - It emphasizes the importance of local legislative work and the sharing of best practices among local governments [7]
人大常委会丨用最严格制度、最严密法治保护生态环境——全国人大常委会组成人员分组审议生态环境法典草案
Xin Hua Wang· 2025-04-30 22:01
Group 1 - The core viewpoint of the article emphasizes the significance of the ecological environment code as the second law named "code" in China, following the Civil Code, which aims to protect the ecological environment through strict systems and legal frameworks [1] - The draft code consolidates existing ecological environment laws and summarizes effective practices into legal provisions, enhancing pollution prevention measures [1] - The draft suggests a coordinated governance approach for water, air, and soil pollution, highlighting the importance of multi-department collaboration for effective source prevention [1][2] Group 2 - The draft code addresses agricultural non-point source pollution, primarily caused by the use of fertilizers and pesticides, and suggests further regulations to tackle this issue [2] - A shift from single ecological element protection to a systematic protection approach is proposed, emphasizing the need for comprehensive ecological system protection [2] - The draft code includes a separate section on green low-carbon development, indicating a comprehensive approach to production and consumption processes, with a call for more detailed regulations on "green consumption" [3] Group 3 - Concerns regarding proportional penalties for environmental damage have been raised, with suggestions to ensure that penalties are appropriate to the severity of the violations [3] - The draft adopts a "moderate codification" model, creating a dual legal source structure of "code + individual laws," which requires careful coordination with other legal frameworks [3] - The drafting process encourages public participation and the incorporation of expert opinions to enhance the scientific and practical applicability of the law [3]
生态环境法典草案首次审议 专家解析三大看点
Zhong Guo Xin Wen Wang· 2025-04-30 14:24
Core Viewpoint - The draft of the Ecological Environment Code has been submitted for its first review by the National People's Congress, marking it as China's second law named as a "code" following the Civil Code, aiming to create a comprehensive and unified legal system for ecological environment protection [1] Group 1: Emphasis on Human-Centric Approach - The draft consists of 1,188 articles divided into five sections, with a notable focus on "protecting public health and ecological environment rights" in its legislative purpose, reflecting a human-centric legislative approach [2] - The pollution prevention section, comprising 525 articles, is positioned immediately after the general principles, highlighting the importance of addressing environmental pollution that directly affects human health [2] - Specific regulations are introduced to tackle common environmental issues faced by citizens, such as odor, noise, and smoke emissions from restaurants, aiming to resolve practical concerns [2] Group 2: Addressing New Issues and Challenges - The draft addresses contemporary environmental challenges by including a dedicated section on "other pollution prevention," which covers new areas such as chemical substances and electromagnetic radiation [3] - Provisions for the recycling of retired wind and solar equipment are included, reflecting the rapid development of new industries and their associated pollution issues [3] - The establishment of a separate section for green and low-carbon development is a significant innovation, showcasing China's unique approach to balancing environmental protection and economic development [3][4] Group 3: Global Perspective - The drafting of the code not only focuses on domestic practices but also considers global environmental issues, aiming to contribute Chinese wisdom and solutions to international ecological governance [5] - Detailed regulations on the risk management of new pollutants align with global trends, including a registration system for new chemical substances and international cooperation on climate change [6] - The code's compilation is receiving significant international attention, emphasizing China's role in leading changes in the global ecological governance system [6]
生态环境法典将带来哪些改变?专家详解
Di Yi Cai Jing· 2025-04-29 03:02
Core Viewpoint - The compilation of the Ecological Environment Code is a significant legislative effort aimed at modernizing China's ecological environment legal system, integrating over 30 existing laws and numerous regulations into a cohesive legal framework [2][3]. Group 1: Legislative Framework - The Ecological Environment Code is positioned as a key legislative measure to fulfill constitutional tasks related to ecological civilization and national responsibilities [2]. - The code aims to systematically integrate over 30 existing ecological environment laws, more than 100 administrative regulations, and over 1,000 local regulations into a unified legal text [2][3]. - The compilation process is based on the achievements of ecological civilization legal practices since the 18th National Congress of the Communist Party of China [2]. Group 2: Content and Structure - The code will address various ecological elements such as air, water, and soil, promoting integrated protection and systematic governance [3]. - It will include general institutional norms for ecological environment, optimize pollution prevention regulations, and establish principles for green low-carbon development and climate change response [3]. - The code will maintain openness and compatibility by incorporating essential elements from existing laws related to natural resources and biodiversity [3]. Group 3: Impact on Legislation and Enforcement - The enactment of the Ecological Environment Code is expected to reduce the number of existing ecological environment laws, leading to the revision or repeal of certain administrative regulations [6]. - A unified legal basis will enhance the authority of ecological environment enforcement, reducing disputes arising from unclear or conflicting regulations [7]. - The code will promote systematic protection of the ecological environment, emphasizing the integrity and interconnectivity of ecosystems [7].
新华视点丨生态环境法典草案首次亮相 有哪些看点?
Xin Hua She· 2025-04-28 08:43
Core Viewpoint - The draft of the Ecological Environment Code, which consists of 1188 articles across five sections, aims to enhance public ecological rights and address various pollution issues, reflecting a commitment to sustainable development and environmental protection [1]. Group 1: Public Ecological Rights - The draft emphasizes the protection of public health and ecological rights as a legislative goal, marking a significant advancement from existing environmental laws [2][3]. - Specific regulations are introduced to address common public complaints related to air pollution from local businesses, integrating previous policies into a cohesive legal framework [2][3]. Group 2: New Pollution Issues - The pollution prevention section includes provisions for emerging pollutants such as chemical substances and electromagnetic radiation, highlighting the need for updated regulations in response to new environmental challenges [4]. - The draft establishes a risk management system for hazardous chemicals and a supervisory framework for electromagnetic radiation, reflecting a proactive legislative approach [4]. Group 3: Ecosystem Protection - The ecological protection section introduces comprehensive regulations for various ecosystems, including rivers, lakes, and deserts, moving away from a singular focus on individual ecological elements [5][6]. - The draft aims to enhance the protection of water ecosystems by integrating existing laws and emphasizing the importance of water ecological health [6]. Group 4: Development and Protection Balance - The draft underscores the importance of balancing natural resource protection with sustainable utilization, promoting a harmonious relationship between development and ecological preservation [7]. - Specific provisions are included for the protection of arable land and other natural resources, ensuring that environmental constraints are integrated into resource management practices [7][8]. Group 5: Green and Low-Carbon Development - A separate section on green and low-carbon development is introduced, establishing a legal framework to support sustainable economic practices and address climate change [9]. - The draft emphasizes the need for stronger regulations in the green economy sector, reflecting China's commitment to international climate agreements and environmental governance [9].