To further improve the effectiveness of the rule of law in ecological and environmental governance, lawyers and experts provide suggestions and suggestions in this way
The "Decision of the Central Committee of the Communist Party of China on Further Comprehensively Deepening Reforms and Promoting Chinese-Style Modernization"(hereinafter referred to as the "Decision") adopted by the Third Plenary Session of the 20th Central Committee of the Communist Party of China clearly pointed out the need to improve the socialist legal system with Chinese characteristics and deployed the deepening of administration according to law. The path points out the direction for the construction of the rule of law. Regarding many issues in the field of ecological and environmental rule of law, the reporter recently interviewed Zou Kun, a partner of Beijing Zhonglun (Wuhan) Law Firm, Wang Haijun, a senior partner and deputy director of Beijing Deheheng Law Firm, and other senior experts in the environmental law community. Many professionals interviewed conducted in-depth discussions on issues such as the core driving force of the rule of law in the journey of Chinese-style modernization, the key role of the rule of law in promoting ecological and environmental governance, practical problems existing in the current law enforcement and supervision process, and carbon emissions trading., and provide opinions and suggestions from different angles.
Ecological environment rule of law--
Consolidate the strongest foundation of Chinese-style modernization
"As the core support of socialism with Chinese characteristics, the comprehensive advancement of the rule of law is not only the improvement of the rule of law system itself, but also a key driving force for promoting the modernization of national governance. It not only strengthens the party's ability to govern in accordance with the law, but also builds a more complete socialist legal framework with Chinese characteristics." Zou Kun said that on the broad stage of ecological and environmental governance, the rule of law plays an indispensable role. By clarifying legal boundaries, it enhances the proactive awareness and practical ability of respecting the law, abiding by the law, enforcing the law, and administering justice at all levels of society, and promotes Coordinated development of economy and environment.
"In terms of ecological and environmental governance, administration according to law is the key to ensuring effective governance. The rule of law provides a clear legal basis and implementation standards for ecological and environmental protection, making environmental governance work more scientific, systematic and standardized." Taking the "Yangtze River Protection Law" as an example, Zou Kun pointed out that special legislation accurately defines the responsibilities of governments at all levels, implements strict supervision of key links such as water resources management, pollution prevention and control, and ecological restoration, and significantly improves the ecological environment in the Yangtze River Basin.
"As a witness to the practice of ecological and environmental laws, I deeply feel the powerful effectiveness of administration according to law in the field of environmental protection." Wang Haijun said that with the acceleration of the rule of law process, the administrative actions of the ecological and environmental departments have been fully integrated into the rule of law track. The promulgation and revision of many important laws have laid a solid foundation for the construction of ecological civilization and green development.
Under the guidance of the rule of law, the ecological and environmental departments strictly enforce the law and have zero tolerance for illegal activities; fair judgments by judicial organs, especially the rise of environmental public interest litigation, have effectively safeguarded the public's environmental rights and interests. At the same time, extensive rule of law education has raised the awareness of the whole people's environmental rule of law and formed a social consensus on pollution control in accordance with the law.
In recent years, a series of landmark ecological and environmental rule of law cases, such as the Green Peacock Preventive Protection Public Interest Litigation Case and the Taizhou "Sky-high" Water Pollution Public Interest Litigation Case, etc., have not only demonstrated the effectiveness of my country's ecological and environmental rule of law, but also provided solutions to similar problems in the subsequent process. Provide innovative ideas and valuable experience. These successful cases are not only a strong proof of the power of the rule of law, but also an active exploration of future ecological and environmental governance paths, promoting Chinese-style modernization to move forward steadily on the track of the rule of law.
Cross-regional law enforcement--
The phenomenon of "different penalties for the same case" calls for system improvement
The "Decision" clearly proposes to promote the cross-regional connection of administrative law enforcement standards. In response to the problem of "different penalties for the same case" in the field of ecological environment, Zou Kun and other experts called for the need to start from the institutional roots and accelerate the construction of a unified cross-regional law enforcement standard system to achieve seamless connection.
The primary task is to integrate and revise existing ecological and environmental laws and regulations to eliminate conflicts and differences between different laws. At the same time, a regional joint meeting mechanism will be established to promote information sharing and law enforcement collaboration, and ensure the unity of law enforcement standards and procedures. Strengthening the training of law enforcement personnel and improving their professional and legal literacy are the key to improving the consistency and accuracy of law enforcement. In addition, standardizing law enforcement procedures, strengthening supervision and accountability, and encouraging public participation are all indispensable parts of promoting system improvement.
"In the field of administrative penalties, it is particularly important to refine the benchmark system for administrative discretion." Zou Kun believes that by clarifying discretion benchmarks, enhancing transparency, and implementing dynamic adjustments, law enforcement can be ensured to be both strong and warm and avoid excessive law enforcement. Based on actual cases, in the face of complex situations such as excessive emissions from off-road mobile machinery, the principle of "benefiting the parties" should be adhered to, reasonable discretion should be made, and legal fairness should be safeguarded.
Wang Haijun further pointed out that the key to administrative law enforcement is to "combine hardness and softness". The key lies in clarifying the principles of exemption from punishment for minor violations and prudent punishment for first-time violations, and taking appropriate measures based on the actual situation of the region and the circumstances of the violation to ensure that the punishment matches the degree of violation. For example, minor illegal acts that are not subjective and intentional and corrected in a timely manner can be exempted from punishment or given a lighter punishment. This can not only reduce the burden on enterprises, but also enhance the credibility of law enforcement and achieve a win-win situation between legal and social effects.
The connection mechanism of the "two laws"--
Information silos and evidence standards are not obstacles
In order to deepen the linkage mechanism between administrative penalties and criminal penalties, the "Decision" requires that the two-way connection system between administrative penalties and criminal penalties be improved. In the field of ecological environment, the connection between the "two laws", that is, the collaborative mechanism between administrative law enforcement and criminal justice, has always been a focus issue.
Wang Haijun pointed out that although the Supreme People's Court and the Supreme People's Procuratorate have clarified the importance of this mechanism and reflected it in relevant judicial interpretations, its effectiveness is still insufficient in actual operation. The main problems include long-term linkage mechanisms, slow collaboration between departments, significant cognitive differences, and obstacles to information flow.
Zou Kun further pointed out that the phenomenon of information islands is serious, resulting in poor transmission of case clues; inconsistent evidence standards lead to low efficiency in case handling; the accountability mechanism is vague and idle procedures affect the fairness of law enforcement; in addition, some personnel lack professional knowledge, which exacerbates the difficulty of "Two Laws" connection cannot be effectively implemented.
In order to solve these problems, Wang Haijun proposed using information technology to build a unified database to achieve seamless connection of data sharing. This can not only transmit case information and evidence instantly, but also rely on big data analysis to accurately identify cases that need to be transferred to justice and improve decision-making efficiency.
Zou Kun suggested establishing an information sharing platform to ensure the efficient circulation of case clues and evidence materials. She emphasized the need to clarify the rules for evidence conversion, unify standards, and reduce differences in legal application. At the same time, improve the accountability mechanism and strictly hold accountable for dereliction of duty to strengthen supervision and assessment.
In addition, Zou Kun also highlighted the improvement of professional capabilities and collaboration mechanisms. She believes that by strengthening the criminal legal knowledge and skills training of administrative law enforcement personnel and promoting in-depth exchanges with judicial agencies, the professionalism and collaboration capabilities of both parties can be significantly improved. Regular joint training and joint meetings, as well as simultaneous intervention and joint investigations in major cases, are all effective means to strengthen collaboration and optimize processes. These measures not only enhance mutual understanding, but also ensure that both sides can respond quickly and work together in complex cases.
"To achieve efficient operation of the connection between the 'two laws' in the field of ecological environment, we need to start from many aspects such as information construction, standardized management, accountability and professional ability improvement." A lawyer who declined to be named told reporters that building a collaborative mechanism with information sharing, unified standards, clear responsibilities, and close collaboration will not only help improve the efficiency of environmental governance, but also be the key to maintaining legal authority and protecting public interests.
Carbon emissions trading--
Legislation and diversified dispute resolution mechanisms go hand in hand
With the vigorous development and diversification of the national carbon emissions trading market, carbon-related legal disputes have become increasingly prominent. They are characterized by the interweaving of cross-departmental laws, unique rights attributes and the high complexity of market mechanisms. Faced with this challenge, all sectors of society are actively exploring coping strategies.
As the lawyer representing the first series of environmental public interest litigation cases involving carbon emission data fraud in China, Wang Haijun found that the current carbon-related cases are still in their infancy and face problems such as limited number and difficulty in trial. He believes that the main problem currently exists is that greenhouse gases such as carbon dioxide are not clearly classified as air pollutants, and it is difficult to directly apply the traditional air pollution case handling model. In addition, how to quantify the damage caused by greenhouse gases to the ecological environment and the amount of compensation for excessive emissions of greenhouse gases has become a legal and technical problem that needs to be solved urgently. At the same time, the activity of the carbon market has also spawned more transaction disputes, calling for the accelerated improvement of relevant laws and regulations.
"In recent years, with the promulgation of a series of regulations such as the Interim Regulations on the Administration of Carbon Emissions Trading, the legal foundation for carbon emissions trading is gradually being consolidated." In order to meet the above challenges, Wang Haijun emphasized the need to make full use of the existing legal framework and work with experts in the field of carbon emissions to deeply analyze cases and find innovative solutions.
Zou Kun further proposed that improving legislation is the foundation. Existing environmental protection laws need to be revised, the legal status and trading rules of carbon emission rights must be clarified, and judicial interpretations should be provided to refine the application of the law. At the same time, the government should strengthen administrative guidance, issue operational guidelines, and standardize transaction processes and supervision. Build a diversified dispute resolution mechanism, integrate mediation, arbitration and other means, and use big data and blockchain technology to improve transaction transparency and efficiency.
Taking practice as an example, Zou Kun's team innovatively adopted an alternative restoration method of "subscribing carbon sinks" in an ecological and environmental damage compensation case handled by the Wuhan City Ecological Environment Bureau, and realized the subscription and trusteeship of forestry carbon sinks through the Hubei Carbon Emissions Trading Center, effectively supporting local emission reduction and low-carbon development. This measure not only demonstrates the deep integration of law and technology, but also provides new ideas for the resolution of carbon-related disputes.
