Interview with the Rule of Law | Defending Xinjiang's Green Waters and Green Mountains with the Power of the Rule of Law

　 distinguished guest : Yi Xianghu, President of the Environmental Resources Tribunal of the Higher People's Court of the Autonomous Region

　　 host : Shiliuyun/Xinjiang Daily reporter Yang Shuhan

"The green mountains are hidden and the water is far away, and the grass is not withered in the south of the Yangtze River at the end of autumn." The beauty of mountains and waters described by the ancients is now more vividly interpreted in the north and south of Tianshan Mountain. How can Xinjiang courts protect green waters and green mountains with legal force? Recently, the reporter interviewed Yi Xianghu, President of the Environmental Resources Tribunal of the Higher People's Court of the Autonomous Region.

　　 ask : In accordance with the requirements of "promoting green development and promoting harmonious coexistence between man and nature", how do people's courts at all levels in the region promote environmental and resource adjudication?

　　 answer : First of all, we should thoroughly implement the concept that green water and green mountains are golden mountains and silver mountains, strengthen the judicial protection barrier of ecological environment and resources, deeply promote the professional construction of environmental and resource trials, realize the high-quality development of environmental and resource trials, give full play to the leading role of judicial adjudication, promote the transformation of the green revolution into conscious action of the people, and extend the function of environmental and resource trials according to law, We will promote the formation of a coordinated and co governed conservation pattern.

After three years of practice, on December 12, 2023, the sixth national environmental resources court was established in Urumqi Railway Transport Intermediate Court. In January 2024, the Environmental Resources Tribunal of the Higher People's Court of the Autonomous Region will be set up independently. We will optimize and improve the cross regional centralized jurisdiction mechanism of cases, promote the deep integration of environmental resources trial practice and theoretical research, and constantly improve the modernization level of environmental resources trial system and capacity, in combination with the characteristics of the "three in one" centralized trial of environmental resources criminal, civil and administrative cases.

　　 ask What measures have Xinjiang courts taken to implement the strictest rule of law requirements for environmental protection and give play to the "three in one" trial function of environmental resources?

　　 answer : To carry out the "three in one" trial practice, we must first firmly establish the concept of modern environmental justice. Guided by the concept of preventive and restorative modern environmental trial, environmental judges, on the premise of respecting the trial rules of all kinds of cases, comprehensively apply criminal, civil and administrative trial ideas and handling methods, and strive to achieve source governance and promote substantive dispute resolution. For example, in the trial of a civil case of contracting for a reservoir, the administrative judge found that the contractor was unauthorized to plant tall crops in the river and build dams in the cofferdam, so he issued a judicial proposal to the administrative organ to deal with it according to law.

The second is to standardize the scope of environmental and resource cases, and promote environmental and resource judicial organizations and personnel to focus on their main responsibilities in combination with the reality of Xinjiang. The other is to rely on the centralized jurisdiction mechanism to realize the combination of people in three levels of courts. Through the establishment of the "1+1+3" mechanism of centralized jurisdiction of Xinjiang's environmental resources trial, the "three in one" centralized trial mode of three levels of linkage at the trial level and in the regional scope has basically been realized from the High Court to the Environmental Resources Tribunal of Urumqi Railway Transport Intermediate Court and its three basic courts.

　　 ask : In combination with the public interest litigation system, what measures have Xinjiang courts taken to prevent, repair and treat environmental pollution or ecological damage compensation?

　　 answer : The public interest litigation system is an important part of the legal protection of ecological civilization. The courts at all levels continue to strengthen the judicial protection of the public interests of the ecological environment, hear the cases of compensation for ecological environmental damage brought by social organizations, procuratorial organs, and municipal and prefectural governments in accordance with the law, consider criminal investigation, administrative punishment, and civil compensation in accordance with the law, and fully pursue the responsibility for acts that damage the ecological environment and resources; Prevent the expansion of ecological environment damage by applying the prohibition order of ecological environment infringement and punitive compensation.

Carry out preventive environmental public interest litigation, explore innovative preventive judicial measures, management and use of ecological environment restoration costs and compensation funds, and guide enterprises to improve technological processes and fulfill ecological restoration obligations. Set up judicial protection bases in national parks and ecological protection areas, and set up judicial education bases with biodiversity, water ecology, carbon sink and other themes to provide comprehensive restoration options for different types of natural environments and ecosystems. Promote the construction of the ecological environment protection pattern, actively integrate into the modern environmental governance system, comprehensively use litigation guidance, non litigation execution, judicial advice and other ways to supervise the law enforcement of ecological environment protection, promote the "focus on the front to prevent disease", effectively promote the restoration of Xinjiang's public welfare forests and grasslands, and fully protect the security of Xinjiang's ecological environment.

　　 ask At present, what are the judicial protection bases of Xinjiang's ecological environment resources and what are their functions?

　　 answer The judicial protection base of ecological environment resources is mainly to carry out ecological environment restoration and gradually restore the original ecological capacity level of the environment through planting and re greening, proliferation and releasing, so as to achieve the judicial restoration effect of "replanting in different places, restoring ecology, and overall balance" of the ecological environment, and enhance the enthusiasm of the public to love, protect, and participate in environmental governance responsibility. At present, the district courts have successively built 10 bases for judicial protection and restoration of ecological environment in Kuqa City, Luntai County, Fuyun County and other places.

In the future, Xinjiang courts will continue to deepen the comprehensive governance model of "administrative law enforcement+procuratorial supervision+judicial adjudication", strengthen the effective connection between administrative law enforcement of environmental resources and judicial adjudication, and jointly weave a "protection network" of ecological environment; Give full play to the important role of circuit trial in strengthening ecological environment protection, and constantly deepen the normalized liaison mechanism; Regularly carry out law popularization publicity, liaison and consultation, research and judgment feedback, warning education, etc., enhance the awareness of ecological environment protection of the whole people, and promote the construction of ecological civilization with the concept and method of rule of law.