Eight questioning ecological environmental damage compensation system reform

There is no difficulty in reform. If there are problems, reforms are always encountered. Therefore, the confusion, difficulties, difficulties, and even obstacles in reform are normal. I am afraid that I do n’t want to change, do n’t want to change, do n’t really change it. At this point, the reform of the ecological environmental damage compensation system is undoubtedly smooth. From the 27 cases after the pilot ended at the end of 2017, to 113,000 at the end of 2021, the quantitative change must be qualitative change. Nowadays, the unreasonable situation of "corporate pollution, mass victims, and government paid for the government" has changed a lot, and the concept of "environmental price and damage responsibility" is also deeply rooted in the hearts of the people. Of course, the problem cannot be avoided. The "Environmental Economy" collects the eight issues that are more concentrated in the local reflection. With the opportunity of the "Regulations", the regulations and standard divisions of the Ministry of Ecology and Environment are invited to return to the "answers."

Reform is to increase the cost of illegal illegal

One question: Administrative penalties or even criminal accountability have been implemented on pollution environment and damaging ecological behavior. Why are they required compensation?

Regulations and Standard Division: First of all, it is necessary to clarify here again. Regardless of negotiation or lawsuits, the primary responsibility for ecological environmental damage compensation is to repair the responsibility, timely restore the damaged ecological environment in a timely manner, and the monetary compensation is required to be required to be replaced.

According to the "Reform Plan for Ecological Environmental Damage Compensation System" (hereinafter referred to as the "Reform Plan"), if the "compensation obligations need to bear administrative liability or criminal liability due to the same ecological environmental damage, they will not affect their liability for the liability of the ecological environment damage compensation in accordance with the law. "". The reform is to be able to fully investigate the illegal acts that destroy the ecological environment, improve the illegal cost of the ecological environment, and effectively curb the illegal acts of ecological environment.

In the system of damage to the ecological environment, criminal accountability and administrative penalties are focusing on "punishment" illegal acts. Ecological environmental damage compensation focuses on repairing and compensating the damaged ecological environment. Its legal nature is different, and the problems solved are different.

At the same time, the various legal responsibilities of ecological environmental damage also affect each other and promote each other. According to the requirements of the "Administrative Regulations for Ecological Environment Damage Compensation" (hereinafter referred to as the "Regulations"), the compensation obligor actively fulfills the repairs and compensation liability, and the relevant administrative organs and judicial organs may use the law as a light, reducing or exempting processing in accordance with the law. plot.

In addition, according to the requirements of the Regulations, the property of the compensation obligations of the same case is not enough to bear the liability for compensation for ecological environment damage and paying fines and fines at the same time.

Second question: What kind of ecological environmental damage must be compensated?

Regulations and Standard Division: In accordance with the provisions of the Reform Plan, units or individuals who violate laws and regulations and cause ecological environmental damage shall bear the liability for compensation for ecological environmental damage and shall be compensated. The "Reform Plan" clearly proposes a large and above emergency environmental incident, and the key ecological functional areas defined in the national and provincial main functional zone planning, environmental pollution, ecological destruction incidents in the development zone, and other serious affecting ecological ecology occurred in the occurrence of ecological ecology. Three types of damage of environmental consequences shall investigate the liability for compensation for ecological environmental damage in accordance with the law. The Civil Code implemented in 2021 stipulates that as long as it violates state regulations, it should be damaged by ecological environment, and it should bear compensation or repair responsibilities. It can be seen that the "threshold" of launch compensation has dropped.

At the same time, the "Regulations" clarified that the following 6 situations do not need to be claimed: (1) The compensation obligor has fulfilled the obligations of compensation; All supporting litigation requests are covered; (3) the ecological environment damage caused by environmental pollution or ecological destruction is significantly mild, and no compensation is required; Death is available for execution without property; (5) Eligible obligations of compensation obligations in accordance with the law, which meets national regulations; (6) Other circumstances that may not start the claims procedure.

Three questions: The case for the application of simple procedures is generally less damaged by the ecological environment. Since it is not damaged, can it be covered with administrative penalties?

Regulations and Standards Division: The liability for the administrative penalty of ecological environment and the liability for damage compensation belongs to two different forms of legal liability, and there is no "coverage". Simple assessment has a clear scope of application, that is, cases that are not suitable for causal relationships and have a greater impact of ecological environment. In response to the small cases in practice, the "Regulations" proposes that the ecological environmental damage caused by environmental pollution or ecological destruction is significantly mild and does not require compensation. The compensation right holder and its designated departments or institutions may not start the claim process.

At present, some places are actively promoting the connection and linkage of administrative penalties and compensation for ecological environmental damage. It aims to move the start time of ecological environmental damage compensation work forward to ensure that administrative punishment and ecological environmental damage compensation is carried out simultaneously and seamlessly connected, which is conducive to conducive Save the cost of handling cases and improve the efficiency of case handling.

For example, the "Regulations on the Links of Administrative Penalties and Ecological Environmental Damage Compensation Links" issued by Qingdao Ecological Environment Bureau issued by Qingdao City, Shandong Province, and "Liangshan Prefecture Ecological Environment Bureau Administrative Penalty and Ecological Environmental Damage Compensation Compensation Compensation Compensation Links (trial procedures for the Liangshan Prefecture Prefecture" ) ", Stipulated the case handling, simple procedures, transfer mechanisms, etc. These are good attempts.

Fourth question: What is the nature of the consultation agreement reached by the government and compensation obligations?

Regulations and Standard Division: According to the Civil Code's liability for the liability of the ecological environmental damage compensation, compensation belongs to the scope of civil request rights. The negotiation agreement reached by the claims belongs to a civil agreement and can apply for judicial confirmation. The compensation agreement reached by the consultation is different from the general civil mediation agreement. It is not required that the compensation right holder and the obligation person must mediate. If the right holder and obligor cannot reach an agreement, the compensation right holder may file a lawsuit.

Ecological environmental damage appraisal evaluation has its uniqueness

Five questions: Ecological environmental damage identification evaluation is a key link for the reform of the ecological environmental damage compensation system. How can the identification and evaluation results be convincing?

Regulations and Standard Division: In order to ensure the seriousness of the results of the evaluation of ecological environmental damage, the Ministry of Ecology and Environment has studied and formulated 9 ecological environmental damage identification and evaluation technical documents such as environmental damage appraisal evaluation (version II), general outline, and damage survey. And jointly issued 6 ecological environmental damage appraisal and evaluation national standards with the General Administration of Market Supervision.

The Ministry of Justice and the Ministry of Ecology and Environment issued the "Environmental Damage to Judicial Appraisal Institutions Registration and Review Rules" and other guiding documents. The Provincial Department of Justice (Bureau) has reviewed the registered environmental damage to more than 200 judicial appraisal agencies; 42 appraisal and evaluation agencies have basically achieved full coverage of each province.

In addition, the Ministry of Ecology and Environment established the "Environmental Damage Appraisal Expert Committee", and jointly established a national expert library. Beijing and Hebei 28 provinces and other provincial expert libraries were set up, and a total of more than a thousand experts were included.

At present, the technical standard system of ecological environmental damage appraisal evaluation has been initially established, and the employer has gradually regulated. From the practice, the level of appraisal evaluation is also increasing.

Six questions: In practice, how is the appraisal evaluation opinion or report?

Regulations and Standards Division: Relevant identification requirements for appraisal assessment opinions or reports, in the Civil Procedure Law, "Administrative Procedure Law", "Criminal Procedure Law", "Several Provisions on Civil Procedure Evidence of the Supreme People's Court" The interpretation of several legal issues of environmental civil public interest litigation cases "" Explanation of the Supreme People's Court on the Application of Laws on the Application of Laws on Environmental Infringement Responsibility Disputes "," Several Provisions of the Supreme People's Court on Trial Ecological Environment Demamentual Compensation Cases (Trial) "and other regulations (trial) Among them, there are clear rules of judgment and qualifications.

Relevant laws and judicial interpretations stipulate that the appraiser should appear in court to accept the qualification certificate, and the parties can apply for a person with special knowledge to inquire and submit opinions on the appraisal opinions or reports. Through the court's qualifications, appraisal procedures, and appraisal conclusions through the court's full qualifications and debates, the scientific, accuracy, and integrity of the appraisal opinion or report was found. Therefore, you can determine whether the appraisal evaluation opinion or report can be adopted according to the relevant rules to determine whether the appraisal evaluation is objective, scientific, and comprehensive.

If the compensation rights entrusted to the appraisal and evaluation agency with the ability to issue an appraisal opinion or report, it shall also review the accuracy of the appraisal and evaluation opinions. Sexuality, organic unity of legal normativeness and scientificity.

Ecological environmental damage compensation litigation priority

Seven questions: What is the relationship between ecological environmental damage compensation litigation and environmental civil public interest litigation?

Regulations and Standard Division: Regarding the relationship between the litigation of ecological environmental damage compensation and the environmental civil public interest litigation, in accordance with the provisions of the Supreme People's Court's "Several Provisions on Trial Ecological Environmental Damage Compensation Cases (Trial)", in the process of trial process of ecological environmental damage compensation compensation cases Among them, the same damage ecological environmental behavior has been filed for civil public interest lawsuits. If the prosecution conditions are met, it shall be tried together; the people's court accepts the litigation cases and civil public interest litigation cases filed for ecological environmental damage due to the same damage ecological environmental behavior. The trial of civil public interest litigation cases, after the trial of ecological environmental damage compensation litigation cases, the litigation request for civil public interest lawsuits to make a judgment in accordance with the law; after the referee of the litigation case of ecological environmental damage compensation, it has the right to file a civil public interest litigation. Organs or social organizations have evidence that the same damage ecological environment has evidence to prove that the damage that has not been found in the previous case and the civil public interest lawsuit shall be received, and the people's court shall accept it.

Regarding the relationship between ecological environmental damage compensation litigation and procuratorial public interest litigation, in accordance with the "Civil Procedure Law", "Supreme People's Court, Supreme People's Procuratorate, the Explanation of the Application of Laws on Prosecutor's Public Interest Litigation Cases", "Rules for the People's Procuratorate Public Interest Litigation Course" The Supreme People's Procuratorate of the Court on the provisions of the law and judicial interpretation of the people's procuratorate shall submit a criminal attached civil public interest lawsuit to perform the pre -declared announcement procedure issues "and other laws and judicial interpretations. The main body can file a lawsuit with the people's court, in line with the case that initiates the procedure of compensation for the ecological environmental damage, and informs the right holder of the right holder to start the ecological environmental damage compensation procedure; if the authority and organization of the organization shall be filed a lawsuit, the procuratorial organs may go to the people's court to the people's court Litigation. Therefore, the administrative organs should connect with the judicial department to do a good job of connection with the compensation of ecological environmental damage.

At the same time, the "Reform Plan" also clearly stipulates that eligible social organizations that meet the conditions carry out ecological environmental damage compensation lawsuits in accordance with the law.Ecological environmental damage compensation work requires the strengthening cooperation of administrative organs and social organizations, connecting, and forming an institutional joint force to protect the ecological environment, jointly promoting the development of the compensation of the ecological environment damage, and promoting the timely restoration of the damaged ecological environment.Eighth question: How to implement the "Regulations" in the next step and advance the reform of the reform?

Regulations and Standard Division: The latest "Regulations" provided a strong institutional guarantee for deepening the compensation of ecological environmental damage.In the next step, the Ministry of Ecology and Environment will do a good job of business guidance with relevant departments.According to the division of responsibilities, various departments should do a good job of clue screening, case handling, litigation, fund management, appraisal and evaluation and other business guidance work, carry out guidance and assistance targeted, and solve the work difficulties and problems encountered in the place.At the same time, strengthen supervision and assessment.In accordance with relevant requirements, if the work is slowly carried out and the case is promoted in poor cases, it will focus on supervision and promote the implementation of reform work.

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