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Law

Typical Cases of Judicial Protection of National Parks Released by the Supreme Law

2023-10-18   

The high-quality construction of national parks is an important part of China's ecological civilization system construction, which is of great significance for promoting the scientific protection and rational utilization of natural resources, promoting harmonious coexistence between humans and nature, and promoting the construction of a beautiful China. Today, the Supreme People's Court released 10 typical cases of judicial protection in national parks. The cases include environmental and resource criminal, civil and public interest litigation and other different types of litigation, involving the first five national parks set up in the first batch, including Sanjiangyuan, Giant Panda, Amur Tiger and Amur Leopard, Hainan Tropical Rainforest, Mount Wuyi, and Qianjiangyuan Baishanzu National Park, a candidate area for national parks selected in the National Park Spatial Layout Plan. Efforts will be made to promote the high-level protection and high-quality development of national parks in China. The case released this time fully reflects the characteristics of the people's court in handling cases involving national park protection, such as the variety of litigation types and the wide range of protection of national parks. It embodies the principles of adhering to active justice, the strictest rule of law, and preventive justice, and demonstrates the court's responsibility to play its role in judging ecological environment resources, protect the integrity and authenticity of the natural ecosystem of national parks in accordance with the law, and leave precious natural assets for future generations, It has positive significance for maintaining national ecological security, protecting biodiversity, and promoting high-level protection and high-quality development of national parks. In Case 5, Wang and six others engaged in illegal logging of trees and endangering national key protected plants, as well as in Case 9, Zhang and Zhang sued the Yangxian Forestry Bureau for a dispute over the right to life. The people's court did not use mechanical justice or a first instance judgment to address the loopholes and shortcomings in the management of national parks discovered during the trial, but actively extended the environmental resource trial function and actively integrated into the process of ecological civilization construction, Sending judicial suggestions to administrative authorities and urging relevant departments to investigate and fill in gaps is a vivid practice of active justice. Case 3: Yang and three others' environmental pollution case reflects the strengthening of the People's Court's governance of environmental pollution in the adjacent areas of the Giant Panda National Park; Case 4: Li Mouhua and eleven others involved in the criminal case of endangering precious and endangered wild animals, which is accompanied by a civil public interest lawsuit, fully reflects the people's court's full chain crackdown on the "hunting acquisition transportation sales" link of endangering precious and endangered wild animals, and carries out integrated protection and systematic governance. Case 1: Zheng, Gao, Ye, and Dong engaged in illegal mining. For the illegal exploitation of national strategic resources, strict punishment will be imposed within the legal range of punishment, and the application of probation will be strictly controlled. The use of a judicial sword will be used to protect national strategic resources

Edit:Jia Jia Responsible editor:Wang Chen

Source:rmfyb.chinacourt.org

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