To demonstrate the judicial value of public interest litigation in the field of marine environmental resources through the value confirmation of "litigation"

2024-01-11

The ocean is an important resource treasure trove that supports future development. Protecting marine natural resources and ecological environment is the fundamental requirement and basic guarantee for accelerating the construction of a maritime power and achieving harmonious coexistence between humans and the sea. It is urgent to continuously increase the judicial protection of the marine environment, and provide strong services and guarantees for promoting the construction of marine ecological civilization. In recent years, how to effectively implement the spirit of central directives, crack down on and govern illegal activities such as encroachment on sea areas, illegal reclamation, illegal sand mining, and illegal fishing has become a hot and difficult issue in the protection of marine ecological environment and natural resources. The marine environmental public interest litigation system, as an important component of the socialist legal system with Chinese characteristics, has been continuously improved through the practice and exploration of local procuratorial organs, and its judicial influence and recognition have been expanding. It has played a governance value of supervision, coordination, and accountability in the field of marine natural resources and ecological environment protection. The procuratorial organs have carried out public interest litigation supervision on the major marine pollution risks caused by sunken ships, and have lawfully supervised and controlled the illegal occupation and dumping of solid waste in the sea area. This reflects the comprehensive protection of the marine ecological environment from risk prevention, problem management to ecological restoration by procuratorial public interest litigation, and demonstrates the cooperation of procuratorial organs with administrative supervision subjects, judicial organs, and scientific research institutions The efforts and achievements of social forces in the second half of the article on marine ecological restoration. It should be pointed out that the procuratorial organs actively explore marine ecological restoration through means such as proliferation and release, labor compensation, carbon sink subscription, and replanting and greening. On December 29, 2023, the "Two Highs" jointly released typical cases of public interest litigation on marine natural resources and ecological environment, demonstrating the significant achievements of judicial organs in playing the role of procuratorial and judicial functions, handling public interest litigation cases on marine natural resources and ecological environment in accordance with the law, providing legal guarantees for the modernization of harmonious coexistence between humans and nature, and improving the judicial system of marine public interest litigation. The 9 cases released in this batch reflect the current hot issues in the protection of marine natural resources and ecological environment, as well as the difficulties and hot issues in the implementation of the Marine Environment Protection Law. They highlight the judicial value guidance of procuratorial public interest litigation through the initiation of administrative public interest litigation, civil public interest litigation, and criminal incidental civil public interest litigation, with the confirmation of "litigation" reflecting the supervisory, collaborative, and public interest nature of procuratorial public interest litigation. Next, local procuratorial organs will implement the revised Marine Environment Protection Law that has just come into effect in the handling of cases, and better safeguard the "Blue Sea". (Lai Xin She)

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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