648
Z. Wu
principle of public engagement in environmental protection is formally written in
law. “It is foreseeable that in the long-term future China will firmly, fully and effectively mobilize the public to participate in environmental protection in accordance
with the law, which will help to gradually form a sound environmental protection
pattern featuring government-enterprise-masses (society) interaction.”
Third, the principle of “giving priority to protection and focusing on prevention” should be upheld in protecting environmental public interest. The filing of
EPIL means that the damaged environment has real harm and is in urgent need of
protection. And “large-scale pollution and environmental damages caused by illegal
activities cannot be remedied to a satisfactory extent by financial compensation or
environmental restoration and other remedies.” Therefore, it is necessary to establish the principle of “giving priority to protection and focusing on prevention.” In
practice, we must strictly abide by Article 100 and 101 of the Civil Procedure Law,
and resort to behavior preservation and advance execution as soon as possible to
prevent the occurrence and expansion of environmental damage. We shall also give
full play to the role of administrative PIL, effectively supervise administrative organs
to administer in accordance with the law, and promptly exercise public powers to
stop environmental damage that has occurred or is likely to occur.
Fourth, we should strive to safeguard national ecological security. In the National
Environmental Protection Outline issued by the State Council in November 2000, the
tasks and goals of “maintaining national environmental security” are specified for the
first time. At the National Environmental Protection Conference held in May 2018,
General Secretary Xi Jinping made a clear-cut proposal to build an “ecologically
safe society” in the twenty-first century. It’s fair to say that the “ecological security
system” is the cornerstone and safeguard of the “national security system.” The
people’s courts should play the role of trials to safeguard ecological security. They
should continuously improve the trial system and mechanism for environmental
and resource cases and the specialized trial mechanism for such cases, promote the
specialized trial of criminal, civil, and administrative litigation related to environment
and resources, and properly coordinate the criminal, civil and administrative legal
responsibilities that the parties should bear, and promote the integrated environmental
protection and restoration. By so doing, they can provide strong judicial support for
resolutely fighting pollution, including air pollution, water pollution, soil pollution
and agricultural and rural pollution.
3 The Initial Achievements Made by the People’s Courts
in Constructing the EPIL System Under the Guidance
of Xi Jinping Thought on Ecological Civilization
Since the implementation of the PIL system, the people’s courts have established the
framework for EPIL through theoretical research and practices under the guidance
of Xi Jinping’s important instructions and especially the Xi Jinping Thought on
Z. Wu
principle of public engagement in environmental protection is formally written in
law. “It is foreseeable that in the long-term future China will firmly, fully and effectively mobilize the public to participate in environmental protection in accordance
with the law, which will help to gradually form a sound environmental protection
pattern featuring government-enterprise-masses (society) interaction.”
Third, the principle of “giving priority to protection and focusing on prevention” should be upheld in protecting environmental public interest. The filing of
EPIL means that the damaged environment has real harm and is in urgent need of
protection. And “large-scale pollution and environmental damages caused by illegal
activities cannot be remedied to a satisfactory extent by financial compensation or
environmental restoration and other remedies.” Therefore, it is necessary to establish the principle of “giving priority to protection and focusing on prevention.” In
practice, we must strictly abide by Article 100 and 101 of the Civil Procedure Law,
and resort to behavior preservation and advance execution as soon as possible to
prevent the occurrence and expansion of environmental damage. We shall also give
full play to the role of administrative PIL, effectively supervise administrative organs
to administer in accordance with the law, and promptly exercise public powers to
stop environmental damage that has occurred or is likely to occur.
Fourth, we should strive to safeguard national ecological security. In the National
Environmental Protection Outline issued by the State Council in November 2000, the
tasks and goals of “maintaining national environmental security” are specified for the
first time. At the National Environmental Protection Conference held in May 2018,
General Secretary Xi Jinping made a clear-cut proposal to build an “ecologically
safe society” in the twenty-first century. It’s fair to say that the “ecological security
system” is the cornerstone and safeguard of the “national security system.” The
people’s courts should play the role of trials to safeguard ecological security. They
should continuously improve the trial system and mechanism for environmental
and resource cases and the specialized trial mechanism for such cases, promote the
specialized trial of criminal, civil, and administrative litigation related to environment
and resources, and properly coordinate the criminal, civil and administrative legal
responsibilities that the parties should bear, and promote the integrated environmental
protection and restoration. By so doing, they can provide strong judicial support for
resolutely fighting pollution, including air pollution, water pollution, soil pollution
and agricultural and rural pollution.
3 The Initial Achievements Made by the People’s Courts
in Constructing the EPIL System Under the Guidance
of Xi Jinping Thought on Ecological Civilization
Since the implementation of the PIL system, the people’s courts have established the
framework for EPIL through theoretical research and practices under the guidance
of Xi Jinping’s important instructions and especially the Xi Jinping Thought on