Damage compensation 丨 Regulations for the first time clarified the Ministry of Ecology and Environment to lead guidance reform

"Environmental Economy" magazine reporter Wang Wei

At the time node of the comprehensive completion of the phased goals of the reform, recently, after review and approval by the Central Committee's comprehensive deepening of the Reform Commission, the Ministry of Ecology and Environment jointly issued a total of 14 relevant departments including the Supreme Law, the Supreme Procuratorate, the Ministry of Science and Technology, and the Ministry of Public Security issued the "ecological environment Regulations for damage compensation management "(hereinafter referred to as" Regulations "). After the "Regulations", the reform of the compensation system of the ecological environmental damage compensation system Since the trial of the country in 2018, the special standardized documents passed by the Central Government's comprehensive deepening reform committee have summarized the trial results. The change of operation has far -reaching significance.

For the first time, the Ministry of Ecology and Environment leads guidance

Three heavy documents involved in previous reforms- "Pilot Plan for the Reform of Ecological Environment Damage Compensation System", "Ecological Environmental Damage Compensation System Reform Plan" (hereinafter referred to as the "Reform Plan") "Opinions" (hereinafter referred to as "Opinions"), did not specifically clarify who will lead the reform of the system of compensation system for the ecological environmental damage. This "Regulations" not only clearly led the implementation of the Ministry of Ecology and Environment, but also determined the division of tasks of the task of other countries and departments such as the Ministry of Natural Resources.

According to the "Regulations", in addition to the Ministry of Justice, the Ministry of Finance, the Supreme People's Court, the Supreme People's Procuratorate, and the National Health and Health Commission mentioned in the previous reform documents. Research, the Ministry of Public Security is responsible for guiding the public security organs to handle criminal cases involving ecological environmental damage compensation in accordance with the law.

Emphasize the responsibility of the party committee

In order to reflect the party and government responsibilities, the "Regulations" proposes the general responsibility of provincial, municipal -level party committees and governments to compensation for ecological environmental damage in the region; requiring local party committees and governments to perform their first responsibilities; , Municipal -level party committees and governments listen to the work report of the work of compensation for ecological environment damage at least once a year, and establish a working mechanism of strict assessment and hard constraints.

Clarify the standard of restoration of ecological environment damage

The ultimate purpose of ecological environmental damage compensation is to repair the damaged ecological environment, not monetary compensation. This repair should respond to the poor changes of the physical, chemical, and biological characteristics of a single environmental element, but also pay attention to the restoration of the stable and balanced state of the damaged ecosystem. In response to the problems of unclear reimbursement standards reflected in the previous practice, for the first time, the baseline level or ecological risk can be repaired in the "Regulations" for the first time in the "Regulations". It should be emphasized that compensation is still needed to be damaged to the loss of service function loss during the completion of the restoration, that is, "loss during the period." The "Regulations" also fully absorb local experience and stipulate that the ecological environment damage cannot be repaired, and the compensation obligor will carry out alternative repair on the premise of compliance with regulations, policies and planning, and restore the ecological environment and its service functions.

Stipulate compensation liability for priority and fines and fines

The "Regulations" continues the "Reform Plan" that "if the damage to the same ecological environment must bear administrative responsibility or criminal responsibility, and will not affect its liability for the liability of the ecological environmental damage in accordance with the law", in accordance with the requirements of the Civil Code, add regulations to increase the regulations When the property of the compensation obligations is not enough to bear the liability for compensation for ecological environmental damage and pay fines, and the fines, priority is given to bear the liability for ecological environmental damage compensation. The "Regulations" also emphasize that localities can consider social stability and the interests of the masses in accordance with the actual situation of the case. Neither punishment, nor a penalty. It should be noted that the "penalty" here includes fines and fines, which fully reflects the spirit of the most stringent system to protect the ecological environment.

For the first time, it is required to be included in the tackling battle and environmental protection related assessment

The "Regulations" fully absorb practical experience, and incorporate ecological environmental damage compensation work into the effective assessment of the effectiveness of pollution prevention and control of the battle. This helps to improve the importance of reforms in various places, solve problems such as "heavy deployment of light supervision", "heavy pollution and light ecology", "heavy compensation light repair", etc., and change the situation of unbalanced local and departmental cases. The "Regulations" also clarified the establishment of a major case supervision mechanism.

Define the scope of compensation for ecological environmental damage

Based on the "Reform Plan", the "Reform Plan" clarifies the scope of the compensation of ecological environmental damage includes: the loss of the loss of service functions during the completion of the restoration during the restoration; Appraisal and evaluation costs; remove pollution, repair ecological environment costs; prevent the incidence of damage and reasonable expenses expanded. It should be noted that this is consistent with the scope of compensation for ecological environmental damage listed in Article 1235 of the Civil Code.

Clarify the case screening channel again

- END -