Wu Zhaoxiang, President of the Supreme People's Court: The case in the warehouse is a shield, a ruler and a book

The People's Court's Case Database was officially launched and opened to the public on February 27, with more than 3,800 cases in the first batch. How many of these environmental and natural resources cases have been selected into the case database? What are the characteristics of these selected cases? During the National People's Congress and the National People's Congress and the National People's Congress, this reporter interviewed Wu Zhaoxiang, president of the Supreme People's Court's Environmental Resources Trial Division.

"After the construction of the people's court's case database was launched, the Environmental Resources Tribunal conscientiously implemented the work deployment of the party group of the Supreme People's Court, concentrated on reviewing and recommending cases for storage, and strived to meet the diversified judicial needs of all sectors of society and the people. According to Wu Zhaoxiang, there are 273 environmental resource reference cases selected into the people's court's case database, realizing full coverage of criminal, civil and administrative lawsuits, environmental public interest litigation and ecological environmental damage compensation litigation, including common crimes and causes of action in environmental resource cases.

One case is better than a stack of documents:

The warehousing case is a shield, a ruler, and a book

Cases are an important "product of the rule of law" of the people's courts, and the interpretation of cases has always been one of the priorities of environmental resources adjudication. In recent years, the Supreme People's Court has released a total of 39 batches of 224 Guiding Cases, of which 40 are environmental and resource cases, accounting for 17.9%, including multiple batches of special Guiding Cases such as biodiversity conservation, Yangtze River ecological and environmental protection, and environmental public interest litigation. A total of 35 batches of 385 typical cases of environmental resources were released, covering various fields and many elements of ecological environment and resource protection.

"A case is worth a stack of papers. Wu Zhaoxiang introduced, after strict review, included in the database of environmental resources reference cases, is a strong guidance for judges to adjudicate cases, in principle, judges must search and refer to the database of cases, to promote the application of law and the unity of the standard of adjudication, but also for the parties, lawyers, experts and scholars to provide more practical, more convenient judicial services, but also for the broad masses of the people, including enterprises, social organizations and even state organs, the system to play the role of environmental judicial adjudication norms, guidance, education.

In Wu Zhaoxiang's view, the warehousing case is a shield, a ruler, and a book.

"The warehousing cases are a shield that helps to deepen the governance of litigation sources. Wu Zhaoxiang introduced that the cases that have been stored are open to the public, and the public can better understand the law and learning through vivid and vivid casespracticeLaw, enhance the awareness of the rule of law and environmental awareness, know the boundaries of behavior, strengthen self-protection, can prevent and reduce disputes from the source, build a solid firewall for ecological environmental protection, and truly implement the concept of "prevention first".

"At the same time, the warehousing cases are also a ruler, which helps to stabilize litigation expectations. Wu Zhaoxiang said that for the parties to the case that has entered the lawsuit, they can use the case as a yardstick to predict the outcome of the lawsuit, enhance the understanding and recognition of the application of law and court judgments, and more rationally decide whether to withdraw the lawsuit, appeal, appeal and other actions.

"The case is also a book, which helps to promote the study of legal theory. Wu Zhaoxiang believes that environmental resources cases are an encyclopedia with the characteristics of multiple points, multiple types of litigation, diverse restoration needs, complex liability methods, and strong professional and technical characteristics, involving many new fields, new types, and new measures. The environmental resource reference cases in the database provide the richest, most vivid and typical practical materials for legal research such as environmental law and case law, and help promote the in-depth integration of theoretical research and trial practice.

Regarding environmental resources administrative cases:

Resolutely support and urge administrative organs to investigate and punish environmental violations in accordance with the law

The environmental resources administrative cases included in the database involve many fields of ecological environment and resource protection, and involve a variety of environmental violations. Wu Zhaoxiang introduced that there are four most common categories: first, illegal pollutant discharge behaviors of enterprises, such as discharging pollutants from water pollution prevention and control facilities under normal operation, carrying out pollutant production in drinking water source protection areas, and discharging waste residue and wastewater at will in violation of regulations to cause environmental pollution. The second is illegal acts that damage the ecological environment, such as carrying out engineering construction within the scope of the country's key cultural relics protection units without approval, cutting down forests without approval, using "three nos" fishing vessels, and prohibiting fishing gear for illegal fishing of aquatic products. The third is the violation of green obligations, such as the failure of key emitting enterprises to fulfill their obligations to pay carbon emission allowances on time or in full, and the refusal to make corrections after being repeatedly told by the administrative authorities to carry out virtual currency "mining". Fourth, administrative organs fail to perform their statutory duties such as environmental protection, pollution prevention and control, and land reclamation supervision in accordance with the law.

"In recent years, the people's courts have adhered to the concept of collaborative governance, put the concept of 'supervision is support, and support is supervision' throughout administrative adjudication, resolutely support and urge administrative organs to investigate and deal with environmental violations in accordance with the law, and jointly solve the problems that the people are concerned about. Wu Zhaoxiang introduced.

For example, the people's courts support and supervise the investigation and punishment of illegal acts of environmental resources by administrative organs in accordance with the law, and use judicial trials as the traction to weave a dense legal protection network for environmental resources, and promote laws and regulations on ecological and environmental protection to truly become strict rules and iron laws that "grow teeth". Maintain the environmental media such as atmosphere, water, soil and ocean and their ecosystem services, as well as the personal health and property safety of individuals or the public closely related to them.

At the same time, give play to the role of supplementing Guiding Case Rules and demonstrating and leading typical cases, further promote the systematization of norms for the application of law, and improve adjudication rules. Strict and impartial justice will help the treatment of heavily polluted weather and urban black and odorous water bodies, the improvement of urban and rural living environments, and the prevention and control of environmental pollution risks. Hear administrative public interest litigation cases for the protection of the ecological environment and resources raised by procuratorial organs in accordance with law, promote full responsibility, strict law enforcement, and supervise the performance of corresponding duties by administrative departments in accordance with law. Promote the establishment of a comprehensive public interest litigation protection system covering all types of ecological and environmental elements such as the atmosphere, water, soil, oceans, forests, endangered animals and plants, cultural relics, nature reserves, and villages.

"In addition, the people's courts comprehensively use judicial recommendations and other methods to supervise administrative law enforcement, strengthen judicial trials and promote administration in accordance with the law, strengthen pluralistic coordination and co-governance, and promote the organic connection between administrative law enforcement and judicial case handling. Wu Zhaoxiang introduced, for example, the Qinghai court on the handling of illegal sand mining cases found that the administrative departments did not perform their duties in a standardized manner to the competent authorities to put forward judicial suggestions, promote the implementation of rectification measures, and strive to protect the ecological environment of the "China Water Tower" from the source, and to achieve the goal of ecological environment and resource protection before litigation is the best judicial state.

Cases of falsification of monitoring data:

"EIA report sellers" will be severely punished by law

Environmental monitoring data is the lifeblood of environmental monitoring work, and environmental governance is inseparable from the performance of responsibilities by pollutant discharging units and third-party environmental service agencies in accordance with laws and regulations. Pollutant dischargers and third-party environmental service agencies deliberately provide false monitoring data, hindering the effective supervision of environmental pollution, increasing the cost of treatment, and harming the environmental rights and interests of the people. In recent years, various localities have successively exposed the falsification of data in the preparation of environmental impact assessment documents and the implementation of monitoring by enterprises by pollutant discharging units and third-party environmental service agencies, and there is a trend of industrialization, specialization and chain development, which has caused serious harmful consequences.

Wu Zhaoxiang believes that the "Criminal Law Amendment (11)" clearly lists the personnel of intermediary organizations responsible for environmental impact assessment and environmental monitoring as the main body of the crime of providing false supporting documents, which reflects the determination of the criminal law to severely crack down on the issuance of such false and false certification documents. In 2023, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Environmental Pollution, which further clarifies the conviction and sentencing standards for third-party environmental service agencies providing false supporting documents in the process of environmental impact assessment, environmental monitoring, and carbon emission inspection and testing.

The case of "a monitoring technology company in Guangdong providing false supporting documents", which was included in the database as a reference case, is a typical case of fraud in the EIA last year. The verdict of this case reflects the clear value orientation of severely punishing pollutant dischargers and third-party environmental service providers for illegal and criminal acts of environmental impact assessment fraud in accordance with the law, and will play a strong role in rectifying the illegal acts of third-party environmental service agencies and establishing a standardized and orderly environmental impact assessment and environmental monitoring service market.

"This case has a great warning and educational effect on pollutant dischargers and third-party environmental service agencies. Wu Zhaoxiang reminded that in the process of environmental impact assessment, there should be no fluke psychology of violating laws and regulations, and the "traffickers of environmental impact assessment reports" who commit fraud and have bad circumstances will be severely punished by the law.

Cases of noise nuisance disputes:

Explore the adjudication rules for noise pollution liability disputes, and promote source governance

The Law of the People's Republic of China on the Prevention and Control of Noise Pollution, which came into effect in June 2022, provides a rule of law to address noise nuisance and prevent noise pollution. The "Opinions of the Central Committee of the Communist Party of China and the State Council on Comprehensively Promoting the Construction of a Beautiful China" issued not long ago requires continuous implementation of noise pollution prevention and control actions.

"Over the past year, local courts have carried out useful explorations on the adjudication rules for noise pollution liability disputes, tried a number of landmark cases with significant impact, and actively responded to the people's new requirements and expectations for a better living environment. Wu Zhaoxiang introduced.

For example, in the pre-litigation injunction case of "noise disturbing the people" handled by the Guangdong court, the perpetrator regularly played the recording of "barren mountains and wild ghosts" every day due to neighborhood conflicts, which caused complaints from the surrounding people. Because the noise decibel did not meet the penalty standard, the neighborhood office and the neighborhood committee failed to mediate many times, and the administrative law enforcement department was unable to intervene. Based on the victim's application, the people's court issued the country's first pre-litigation injunction for noise environmental infringement in this case, establishing adjudication rules for judging noise pollution based on whether a quiet life is affected, effectively resolving conflicts and disputes, and transforming the legal provisions on protecting environmental rights and interests into vivid judicial practice.

"In social production and life, noise can be heard everywhere, such as construction noise, vehicle driving noise, home decoration noise, square dance music noise, etc., not to bear tort liability if there is noise, and those noises that seriously affect people's lives may constitute noise pollution infringement. Wu Zhaoxiang pointed out that from the perspective of judicial practice, due to the characteristics of noise pollution such as suddenness and irreversibility, occasional and frequent interweaving, it is difficult to determine the causal relationship, the difficulty in quantifying the damage consequences, and the difficulty in protecting rights and remedies in the trial of noise pollution dispute cases.

Wu Zhaoxiang introduced that judging whether it constitutes noise pollution generally focuses on the following aspects: first, whether it is in a specific field, that is, in "industrial production, building construction, transportation and social life" to emit noise. Second, whether it interferes with the surrounding living environment, that is, the noise generated has "interfered with the normal life, work and study of others."practice”。 Third, whether it is illegal, that is, "exceeding the noise emission standard or failing to take prevention and control measures in accordance with the law to produce noise", and at the same time, it is necessary to consider the reasonable tolerance limit of the public.

Wu Zhaoxiang introduced that the main points of the adjudication of Guiding Case No. 128 issued by the Supreme People's Court are clear, and the degree of public tolerance can be judged based on the reactions of surrounding residents, actual feelings at the scene, and expert opinions.

"A harmonious and peaceful living environment needs to be maintained by the whole society. While hearing all kinds of noise pollution cases in accordance with the law, the people's courts also pay attention to the comprehensive use of pre-litigation mediation, judicial advice, rule of law publicity and other measures to promote the treatment of noise pollution sources. Wu Zhaoxiang said that the Supreme People's Court will continue to strengthen the summary and research of noise pollution adjudication rules, release special typical cases, and issue relevant judicial interpretations or policy documents in a timely manner, so as to guide the masses to abide by public order and safeguard the tranquility of the living environment and legitimate rights and interests in accordance with the law.