The barrier to the rule of law of the forest ecological environmental protection

Core tips: In recent years, the legislative process of my country's ecological civilization field has continued to accelerate, so that the concept of "green water and green mountains is the golden mountains and silver mountains" has been implemented in judicial practice. The "Explanation of the Supreme People's Court on the Application of Laws on the Application of Laws of Cases of Trial of Forest Resources" is the most stringent system and the most stringent system to protect the forest ecological environment. The needs of the environment will certainly play a more positive role.

Author | Liu Xiaofen

Editor -in -law | Li Xuxu

There are 1662 words in the text, and it is expected to read 5 minutes

To build a beautiful China and benefit future generations, we must solidly promote the construction of ecological civilization. On June 14, the Supreme People's Court held a press conference to release the "Explanation 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 a typical case of supporting. The "Explanation" implemented from June 15th aims to protect the forest ecological environment with the strictest system and the stringent system, effectively safeguard the national interests and social public interests, and continuously meet the growing needs of the people's growing beautiful ecological environment.

Forest Cao Xing is ecological. Forest and grassland have a basic and strategic effect on national ecological security. In recent years, the legislative process in the field of ecological civilization in my country has continued to accelerate, so that the concept of "green water and green mountains is the golden mountains and silver mountains" has been implemented in judicial practice. From the civil code of the construction of the green principle and the regulatory system of the green clauses, to the rural land contract law that clarifies the rules of the three powers, to the establishment of the forest law and the implementation of the principles of ecological priority, protection, conservation, and sustainable development principles Each progress of legislation has allowed the protection of the forest ecological environment to protect the rule of law.

However, with the increasing number of forest land and forest trading, litigation disputes have increased accordingly. In addition to private interest lawsuits, public interest litigation caused by destroying forest resources accounts for a considerable proportion of ecological environmental protection cases. According to statistics, since 2019, courts at all levels across the country have concluded 40,3989 cases involving forest resources, including 26,8180 civil cases. In these cases, in addition to private interest lawsuits, public interest lawsuits caused by destroying forest resources are not a minority. For example, in the Second Branch of the Chongqing People's Procuratorate, Zhang Moufeng and Zhao Mouhui destroyed the Yangtze River protective forest environment civil public interest lawsuit, the people's court decided to damage the acts of the Yangtze River protector of the Three Gorges Reservoir area, and continued to perform the complement and resume time within a time limit. Green, management and care obligations to ensure the restoration of the ecological environment of the Yangtze River Basin. How to serve the reform measures of the ecological civilization system in an orderly manner, give full play to the important role of market mechanism in the use of forest resources, and effectively solve the problems of not scientific and comprehensive damage compensation in the protection of forest resources. Important topics.

On the issue of service guarantee the reform of the reform of the ecological civilization system in an orderly manner, the "Interpretation" clearly stipulates that the ecological benefits, economic benefits, and social benefits that promote the protection and utilization of forest resources in accordance with the law will be unified. Ecology itself is the economy, protecting the ecology is the development of productive forces. Leaving a good ecological environment, the high -quality development of the economy cannot be mentioned. Therefore, the "Interpretation" requires judicial trials to find the balance point of overall ecological environmental protection, economic and social development, and ensuring people's livelihood, and serve the comprehensive green transformation of economic and social development.

In response to the important role of giving full play to the use of market mechanisms in the use of forest resources, the "Interpretation" stipulates that the people's court shall conduct special review for the public welfare forest business contract set by the parties to ensure that it meets the protection requirements of public welfare forest ecological location and does not affect the public welfare forest ecology. Functions, encourage scientific demonstrations and strictly abide by the relevant national regulations, rationally use public welfare forest land resources and forest landscape resources. The "Explanation" clearly stipulates that the protection of new types of guarantees provided by the forest ecological benefits and forestry carbon exchange, which helps the green and low -carbon circular economic development.

On the issue of the applicable rules and protection and restoration measures, the "Explanation" clearly stipulates the rules of forest land and wood transaction and dispute acceptance rules; refine the rules of forest land contracting operations to ensure the reform of the three powers of rural land; implement the protection requirements of ecological location, clarify Rules of public welfare forest operation and utilization. In addition, the "Explanation" enriches the rules of liability for forest ecological environmental damage. It is required to promote the effective recovery of the damaged forest ecological environment through flexible use of ecological restoration, damage compensation, forestry carbon exchange, and labor compensation. When clarify the amount of compensation for ecological environmental damage, we must fully consider the value of forest ecological environmental function and effectively increase the cost of destroying forest resource infringement. Encourage the infringer to voluntarily pay the security deposit and guide the infringer from passive punishment to active error correction, which shows the function of punishing and demonstration leadership of environmental resource trials.

Protect the ecological environment and build ecological civilization in the contemporary and benefit. The judicial department has continuously strengthened the responsibilities and mission of guarding the green mountains and green mountains, and the public consciously the participants, practitioners, and promoters of ecological civilization construction. Everyone protects the ecological environment like life, treats the ecological environment like life, and strives to promote the ecology Civilization construction and economic and social development are two -way to form a new pattern of modern construction that is harmonious and harmonious in nature.

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