How can a good system be safely implemented?
2023-09-14
Article 1232 of the Civil Code clarifies the punitive compensation system for ecological environment damage at the legal level. However, there is controversy in the legal community regarding whether punitive damages are applicable to ecological environmental civil public interest litigation, and there is no clear legislation at the national level. Under this "dilemma", how can procuratorial organs explore and apply the punitive compensation system for ecological environment damage? How to determine the compensation amount, highlighting the deterrent significance of punishment while ensuring that punishment is within a reasonable range? Entrusting a professional organization to conduct an evaluation and provide expert opinions, closely communicating with the court on the determination of punitive damages, and explaining the law and reasoning to the defendant with fond memories of playing in the ditch as a child... When the defendant Li, who illegally dumped chemical wastewater, pleaded guilty to punishment and was willing to assume punitive damages, and made every effort to compensate for ecological environment damage, Wang Haitao, Director of the Fourth Procuratorate Department of Changyi City Procuratorate in Shandong Province, believes that all the hard work is worth it. Ecological and environmental protection is a major and crucial issue in national governance, which not only concerns the Party's mission and purpose, but also benefits people's livelihood and well-being. The Civil Code, which came into effect on January 1, 2021, specifically stipulates the punitive compensation system for ecological environment damage in Article 1232 of the Environmental Pollution and Ecological Damage Liability Chapter of the Tort Liability Catalogue. It fully demonstrates the determination to solve the long-standing problem of "low cost of environmental violations and ecological restoration by the state" using governance thinking and legal methods, and has distinct Chinese characteristics, practical characteristics, and era characteristics. The establishment of this system is not only an opportunity but also a challenge for the ecological environment inspection work. In the face of insufficient legislative supply and controversial judicial practice, what are the explorations and practices of procuratorial organs in implementing the punitive compensation system for ecological environment damage, and what are the inspirations for handling cases? The reporter conducted an in-depth visit. The punitive damages for civil public interest litigation have been included in the first comprehensive local regulation in the field of ecological security in China, which reads "The sky is vast, the wilderness is vast, and when the wind blows and the grass is low, cattle and sheep can be seen." As the North Gate of China, Inner Mongolia Autonomous Region spans the "Three North" (Northwest, North China, and Northeast), making it the largest and most diverse ecological functional area in northern China. The ecological environment is related to people's well-being, and green waters and mountains cannot be separated from the protection of the rule of law. On July 31, 2023, the 5th meeting of the 14th Standing Committee of the People's Congress of Inner Mongolia Autonomous Region approved the "Regulations on Promoting the Construction of Important Ecological Security Barriers in Northern China in Inner Mongolia Autonomous Region" (hereinafter referred to as the "Regulations"), promoting harmonious coexistence between humans and nature through local legislation. It is particularly worth mentioning that in terms of safeguard measures, Article 95 of the Regulations clearly stipulates that, The People's Procuratorate shall supervise and support other state organs as prescribed by law to file compensation lawsuits for damages caused by acts that damage the ecological environment and natural resources. If the People's Procuratorate files environmental civil public welfare lawsuits in accordance with the law, it may file punitive compensation lawsuits
Edit:Ying Ying Responsible editor:Shen Chen
Source:jcrb.com
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com