Supreme Law: In the case of environmental resources, if the infringer does not have the ability to c

On June 14, the Supreme Law held a press conference to release the "Interpretation of the Supreme People's Court on the Application of Laws on the Application of Laws on Civil Disputes in Forest Resources" (hereinafter referred to as the "Explanation") and related typical cases.

Liu Zhumei, president of the Supreme Law, said in a question that the "Explanation" was fixed on the basis of summing up the experience of judicial practice, and fixed some trial implementation innovation through judicial interpretation. Mainly reflected in four aspects:

First of all, clear the method of reimbursement of green ecological environment. The Civil Code stipulates that if the ecological environment is damaged in violation of state regulations, and the ecological environment can be repaired, the infringer shall bear the responsibility of the ecological environment restoration. "Forest Law" also stipulates the method of replenishing trees and its performance. During the trial and implementation of the courts, the courts of various places were actively explored. Affirmation of Article 17 of the Explanation.

Secondly, standardize the performance of forestry carbon exchange replacement. my country is building a national unified carbon emission right trading market, and encouraging the reduction of emission reduction generated by forestry carbon exchange projects to participate in greenhouse gas voluntary emission reduction transactions. In judicial practice, the infringers in Fujian and Guizhou have voluntarily appeared in the application of forestry carbon exchange methods to replace cases of performing the liability for compensation for forest ecological environmental damage.

Third, affirm the method of liability for labor compensation. In environmental resource cases, due to the ability of infringers to not have the ability to compensate for economic compensation, or the high amount of compensation for ecological environmental damage, the amount of punitive compensation is high, local courts explore innovative methods for labor compensation for laborers such as mountain patrols, forest protection, bird protection, and environmental protection of the rule of law.

Finally, encourage the infringer to voluntarily pay the security deposit. The forest ecological environment restoration deposit stipulated in the "Explanation" is essentially a preservation measure, which is conducive to ensuring the implementation of the restoration responsibilities such as replenishment and greening, and ensure the timely and effective recovery of the ecological environment. Through coordinating criminal liability, civil responsibilities, and administrative responsibilities, the people's court guides the infringer from the "destroyer" of the ecological environment to a "repairer" to give full play to the function of punishment and demonstration of environmental resource trials.

Red Star reporter Gao Xin Beijing report

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