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最高法发布指导性案例,明确生态环境案裁判、审查、程序规则
Di Yi Cai Jing· 2025-05-29 02:39
Core Viewpoint - The Supreme People's Court emphasizes the need to balance high-quality development with high-level environmental protection, promoting harmony between humans and nature [1] Group 1: Legal Framework and Guidelines - The Supreme People's Court has clarified rules regarding ecological environmental infringement liability, environmental public interest litigation, and procedures for cross-administrative region cases [1] - The court has released the 46th batch of five guiding cases related to environmental civil public interest litigation, covering various issues such as environmental impact assessments and pollution prevention [1][4] Group 2: Case Studies and Judicial Decisions - In a case involving a hydropower station, the project had a total investment of approximately RMB 8.15 billion and included measures for the protection of a unique species, the Sichuan salmon [2] - The court ruled 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 [2] Group 3: Public Interest Litigation - Environmental public interest litigation is recognized as a means to protect social public interests, and the court encourages and protects such lawsuits while ensuring that plaintiffs exercise their rights effectively [4] - The court has established that if a plaintiff in an environmental civil public interest lawsuit requests to withdraw the case, the court must confirm that the plaintiff's requests regarding ecological restoration and damage compensation have been fully realized before allowing the withdrawal [5] Group 4: Cross-Regional Cooperation - The Supreme People's Court has highlighted the need for collaboration among various courts and enforcement agencies to enhance ecological governance, particularly in regions like the Yangtze River [5][6] - In a case of illegal sand mining, the court allowed for the transfer of ecological restoration funds across administrative boundaries to facilitate effective environmental remediation [6]
最高法发布指导性案例 明确生态环境侵权责任裁判规则
Yang Shi Wang· 2025-05-28 05:16
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]