Recently, with the popularity of China’s first environmental judicial TV series “Above the River”, the compared to the “niche” environmental resources trials have aroused widespread concern in society.
From start -up to preparation of shooting, from character design to the development of the plot, all have a strong Jiangsu imprint: the inspiration of the creative team comes from the “Jiangsu Practice of China Environmental Judicial Reform” edited by the Higher People’s Court of Jiangsu Province;Judgment judges are responsible for the “consultant” of the script creation to ensure the authenticity and rationality of the plot; there are real cases behind the 17 cases of the whole drama, most of which are tried by the Jiangsu court … Through this drama, the audience saw the environmental judicial reform of ChinaThe ruggedness of the road saw the innovation exploration of the Jiangsu court’s escort ecological civilization construction, and fully felt the power of rule of law that guarded the beauty of the river.
Reform: Just to respond to the times and people’s expectations
In the rainy night, the two groups of people at the entrance of the chemical plant are confronting, and the atmosphere is tense. The black shadow in the crowd rushed towards the villagers … The first episode of “River River” opened, which was a fierce conflict caused by the chemical factory to stole sewage water.Essence
For a long time in the past, although the economy has developed rapidly, the extensive development method has also made us pay a heavy price in terms of resources and environment -the road is wide, there are more tall buildings, and the wallet is drum.It has become a luxury.
As the largest population in the country, the smallest per capita environmental capacity nationwide, and the highest industrial load in the country’s land area in the country, the contradiction between Jiangsu ecosystem degradation and resource constraints appeared earlier.urgent.
As a native of Jiangsu, Zhou Yaping, director and chief of the editor -in -chief of “River River”, has a personal experience.”Jiangsu people have deep feelings for the Yangtze River. In the years when they worked in Jiangsu and filmed documentaries across the country, I discovered a lot of ecological problems brought about by development. I have been thinking: film and television creation can do it for our environmental protectionWhat? “After serving as a consultant to the Supreme People’s Court’s film and television work, Zhou Yaping turned his attention to environmental justice.”The level of economic development and environmental protection in Jiangsu is typical and representative in the entire Yangtze River Basin. Jiangsu practice in Jiangsu and Jiangsu’s judicial cases of environmental judicial reforms are greatly inspired by our creation shooting.”
The grass -roots environmental protection pilot court focused on “above the river” has moved from no trial, no understanding, to the establishment of an “cross -regional, full range” environmental judicial reform process, which confirm with reality and allow Jiangsu judges who have experienced this process.They are deeply touched.”This is the vivid portrayal of the environmental judicial reform of the People’s Court in reality. Looking back at the reform of more than ten years, the pace of exploration of Jiangsu’s environmental judicial reform has always been deployed with the Party Central Committee and the same frequency of resonance with the people.”President Ma Jie said.
In 2012, the 18th National Congress of the Communist Party of China included the overall layout of ecological civilization construction into the “five -in -one” layout of socialism with Chinese characteristics, and proposed the overall requirements and major measures to promote the construction of ecological civilization with the independent chapter system.
The construction of ecological civilization is inseparable from the escort of rule of law, but at that time, Jiangsu environmental justice seemed to be “stretched” -In 2012, the provincial courts accepted 47 environmental civil cases, 50 environmental administrative cases, and environmental protection agencies at all levels in the province.There are more than 40,000 petitions receiving environmental pollution.
Why do ordinary people do not believe in the law?Poor judicial security is one of the important reasons.The provincial court surveyed that from the criminal law of severe environmental pollution accidents in 1997 to 16 years in 2012, there were only 16 criminal cases accepted by the courts accepted by the province’s courts, which is equivalent to one year.And most of them are sentenced, only one sentence is more than three years.
Of the 47 environmental civil cases handled in 2012, nearly 30 % of the cases were withdrawn or rejected the prosecution. The compensation obtained by the Plains in most cases was only a few hundred to thousands of yuan, and even had money to put money on lawsuits.”The result of our judgment is like itching, we dare not judge criminally, and the civilian claim is less, and the pollutors are even more unscrupulous.” Chen Ying, president of the Nanjing Environmental Resources Court, said.
Obviously, traditional trial concepts, trial mechanisms, and trial methods are difficult to provide strong judicial guarantees for the construction of ecological civilization, nor can it respond to the popular expectations of the people to improve the quality of the ecological environment.How to break such a dilemma?There is only one answer: reform.
Exploration: All basis protection, cross -regional jurisdiction, specialized trial
Reform first starts with environmental judicial specialization.
As early as 2008, the Wuxi Intermediate People’s Court took the lead in establishing an environmental protection trial court at the National Intermediate Court, and began a specialized exploration of environmental resource trials.
But looking at the province, there are only two or three thousand environmental resources in the province each year. It is scattered in more than 120 grassroots courts and 13 middle courts in the province. A grass -roots court only trials only one or two years a year.Such a small amount of cases has led to non -attention of environmental trials, and it cannot form professional forces and unified concepts.”For example, the trial is like brushing questions. Only by brushing to a certain degree can we accumulate sufficient trial experience.” Ma Jie said.
In 2012, the Jiangsu Court launched a comprehensive practice of specialized reform of environmental judicial reform.Since 2013, the Jiangsu Court has taken the lead in breaking the barriers to the three major litigation procedures across the country.Administrative divisions are concentrated in jurisdiction.
With the full pushing of environmental resources trials in Jiangsu, how to break the new difficulty of judicial judicial by administrative barriers and systematically protect the ecology is placed in front of the Jiangsu court.
For a long time in the past, an important reason for the “strange circle” of the Yangtze River to regulate pollution was not to go out of pollution.The Jiangsu section of the Yangtze River alone flows through eight districts and cities including Nanjing, Yangzhou, and Nantong.The traditional administrative regional environmental governance has split the natural attributes of the ecosystem. The issues such as local administrative intervention, fragmentation of judicial protection, and incomplete referee standards have also seriously affected the performance of environmental judicial functions.
According to the requirements of the Third Plenary Session of the Eighteenth Central Committee of the Eighteenth Central Committee of the Central Committee of the Central Committee of the Central Committee of the Central Committee of the Central Committee, on July 1, 2019, Jiangsu took the lead in establishing a “9+1” environmental resource trial mechanism for cross -administrative divisions across the country, that is,Taking the ecological functional area as the unit, 9 environmental resource courts such as the Yangtze River Basin (South, North), and Taihu Basin are set up to centrally jurisdiction over environmental resource cases accepted by the provincial grassroots people’s courts; and on this basis, the Nanjing Environmental Resources Court, Realize the protection of all basis environmental resources across administrative regions.
Relying on the new trial mechanism, the protective ecological environment is truly implemented with the strictest rule of law.The pollutant was so painful that he did not dare to offend again. The Jiangsu Court sentenced him to the first prisoner of the dangerous waste that dumped the dangerous waste to the Xinjiang Haihe through the rules of punishment, the use of probation, and strengthening the fines of fines in accordance with the law.In the case of lawsuits, there are not a few cases that have been sentenced to millions of yuan and 10 million yuan, and a 520 million yuan “sky price ticket” issued a water company that stole wastewater.
Today, the “9+1” mechanism is still advancing with the times, and it is constantly showing vitality.Since last year, in accordance with the requirements of major national strategic development and the actual needs of environmental governance in various places, the Jiangsu Court has promoted the extension of special trial institutions to the grassroots on the basis of the original “9+1” mechanism.Five grass -roots court environmental resource courts such as the Fenhu Court and the Grand Canal Environmental Resources Court.Looking at the whole country, since the Office of the Central Committee of the Central Committee has promoted the “9+1” mechanism as the experience of reform, seven provinces have set up a special court in the middle court to set up a special court for environmental resources in the province.
Innovation: Dare to walk the way before before
Illegal pollution discharge cases, gold carving illegal trading cases … With the advancement of the plot of “River River”, a case that can find prototypes in reality is presented in front of the audience.material.
For example, the episode concentration, the illegal fishing team led by Hai Aping, caught eel fry in the “Bihu” area for a long time and sold for profit. This use of “unborn network” cool fishing capture was finally severely punished.The prototype of the case is the first case tried after the establishment of the Nanjing Environmental Resources Court- “The Greater illegal Fishing of the Yangtze River Eel Fish Public Interest Litigation Case”.The judgment is the first case in the country’s order from fishing, acquisition to the “full chain” of the Yangtze River eel fry to bear the liability for ecological destruction compensation.
Jiang Li, one of the members of the case of the case and deputy president of the Nanjing Environmental Resources Court, said that whether it is environmental science or biological diversity knowledge, whether it is the choice of appraisal opinions or the determination of compensation standards, it needs to be based on scientific knowledge.It is just the first step in handling environmental cases.”More importantly, it is necessary to combine professional judgments with legal judgments in order to make judgments that meet both scientific principles and legal requirements.”
In the field of environmental resource trials, there is no ready -made experience, models, and examples to learn from.The judge has to do a good case, dare to innovate, and dare to walk the way before.Among them, the first is the innovation of judicial concepts.
Different from other trial areas, fair judgment in accordance with the law is only the “bottom line” of environmental resource trials. It is the ultimate goal to smooth the ecological “wounds” and restore green mountains and green mountains to promote the orderly and effective advancement of ecological environmental governance.
Taking the illegal mining case as an example, the concept of the referee in the past is that how many mountains have been destroyed and how much mineral resources are compensated.However, when he tried Wang Yulin and others illegal mining civil public interest lawsuits, Chen Ying did not copy the “pre -example”.”Illegal mining, more than the mine is destroyed? Illegal mining can destroy the surface vegetation, and the significant reduction of these shrubs will cause damage to bird habitats, which will affect bird reproduction.” In the end, courts according to landscapes, forests, lakes, grass grass grass grass grass grass.The concept of sand integration protection and system governance will be determined as a whole on the damage of the ecological environmental elements in the mining area.
The second is the innovation of rules.A tank sewage poured into the river. At that time, it was very serious, but after two or three days, I couldn’t see it.By the time of the lawsuit, the evidence of the on -site pollution was gone.”Many times the problem faced by environmental judges is that the consequences of pollution are difficult to quantify and how much it should be compensated. Traditional judicial trials do not support compensation without evidence, but the damaged environment needs to be repaired.Under the circumstances, explore new judicial judgment rules that meet the rules of environmental trials and ecological environmental governance, and take into account fair and reasonable new judicial referee rules. “Chen Ying said.
Taking Zhuohang Company’s pollution environmental criminal attachment civil public interest litigation case as an example, Wuhan Zhuohangjiang Hai Trading Co., Ltd. has stole the oily sewage of ships five times, but the oil -containing sewage discharged into the river has long been unable to sample.How to determine the amount of sewage and determine the amount of compensation?In the end, the court eventually made the rules for the identification of evidence of ship pollution cases on the basis of scientific demonstration based on the operation of ship navigation trajectory, pollution prevention facilities, and pollutant disposal.Case.
Since the operation of the “9+1” mechanism, the Jiangsu Court has tried a number of major cases in China and internationally in China. Among them, 9 cases were selected as the China Environmental Judicial Judicial Judicial Cases released by the UN Environmental Planning Department;The number of guidance cases in the law of law, the number of selected numbers ranked first in the country.
Feelings: Jianghe is speechless, guard with me
To explore a new trial mechanism and establish a new rules of judicial referee, it means that this not only requires innovation spirit, but also requires judges to risk the risks that may be changed.
“Why dare to judge this way?” The reporter couldn’t help asking the judge when he interviewed the first case in the country.
“Because we believe that we are doing a very correct thing.” Chen Ying said that the process of promoting a case from judgment to ecological repair is also the process of repeated self -confidence.
“The harmful animals and plants cannot sob, and the damaged soil and rivers cannot be complained, but environmental judges must have such feelings and persistence, and do every case with a solid case.” Jiang Li said.
The workplace struggle engaged in environmental resources judges is the main line focused on “above the river” -in the play, it creates a group of judges with distinctive personality, full image, and flesh and blood.Zhou Yaping told reporters that at first, he did not include the personal emotional life and family life of the capital -owned judges in the beginning, because he was worried that he would fall into the “vulgar set” of the TV series, but in the process of interviewing and collecting materials along the courts along the Yangtze River and other Yangtze River, the creation team was real.I really learned about the hard work and difficulty of first -line judges. “The difficult choices between their families and work, their persistent pursuit of fairness, justice and career honor, is not contradictory.The B side is necessary, it is true and moving. “
At the seminar on the “above the rivers” held on March 22, the starring Lu Xiaolin also said that the role of the drama also said that he liked the role of Lin Hailan he played very much.Lin Hailan may initially have some “unreasonable” at the time of handling the case, but by continuously grinding and communicating with his colleagues Luo Yuan and Geng Nian’s two judges in his work, he has more thoughts and changes on the issue of how to balance the law.I also experienced and grew with the role of Lin Hailan during the filming.
The real restoration of the work and life of the whole drama on the work and life of the capital of the capital also made many chasing judges expressed their feelings for the same body, and saw “yourself” from the play.One of the scenes that impressed Ma Jie’s impressions was that Geng Nian, a judge who had been separated from his wife for a long time, and waited for the lover to rest at night, and insisted on reading a book under the lamp.”This is too real for environmental judges.” Ma Jie said, whether it is an increasingly complete ecological environmental legal system, or various environmental professional terms, environmental assessment reports, etc., the judge needs to maintain a state of learning.
What is above the river?”Above the river is the people, above the rivers is life, and above the river is the future.” This is the answer given by “above the river”.Jiangsu beyond the “above the river”, the exploration and innovation of the green mountains and green mountains in the name of the Fa is still on the road.
Xinhua Daily · Jiaojiao Reporter Gu Min
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