Guangdong's first environmental court was listed in zhuhai

Yesterday morning, guangdong's first environmental court formally announced the opening of the zhuhai intermediate people's court. In the future, any civil litigation involving environmental resources in zhuhai will be arranged to the environmental resources collegiate court in zhuhai. Ao guang en, the President of zhuhai middle school, said the move was intended to provide judicial protection for the protection of "zhuhai blue" and the construction of zhuhai's ecological civilization.

Environmental public interest litigation has been struggling, environmental protection public welfare institutions prosecution most because litigation subject qualification problem and will not be accepted, this also caused many early established environmental courts have no case to trial. In zhuhai, there have been cases of public interest lawsuits filed against social organizations. With the implementation of the new environmental protection law in 2015, the subject of environmental public interest litigation is settled.

Zhuhai collegial panel composed of three judges, then the environment resources of zhuhai people a court vice President, doctor of law He Minren the presiding judge, the other two judges are the master of law.

Trial talent resources for training environment, and improve the environment and resources the professionalism of the trial, the zhuhai then has recruited a bachelor of environmental science and engineering, graduate student for professional talents of law, and appointed as judges assistant, environmental resources as a trial of reserve personnel training.

It is reported, the collegial panel is mainly involved resources of environmental public interest litigation cases, major difficulty for complex cases, could cause mass conflict cases, involving public interest litigation cases, when necessary, collegial panel will also invite professionals in the field of environmental protection as the people's jurors participate in trial, in order to improve the environment and resources of the collegial panel specialization level and trial effect. Collegial panel is also responsible for the trial of civil cases the court in the city environmental resources work research guidance, to build as soon as possible to cover the zhuhai city environment and resources protection legal network.

The focus of

What are the cases in the court of environmental protection?

The court of environmental resources in zhuhai is responsible for the trial of civil cases involving environmental resources.

To review public interest litigation cases involving environmental resources;

The trial of a civil case involving environmental resources, including:

1, environmental pollution liability disputes, including: air pollution liability disputes, water pollution liability disputes, noise pollution, radioactive pollution liability disputes, soil pollution liability disputes, electronic waste pollution liability disputes, solid waste pollution liability disputes;

2, high risk liability disputes, mainly refers to the highly dangerous homework people occupy, use, lost, abandoned with inflammable, explosive, toxic or radioactive nature of the dangerous goods to cause environmental pollution and ecological destruction events liability for damage caused by the dispute.

How to prosecute environmental pollution?

New environmental regulations, "according to law in the civil affairs department under the people's government at or above the level of district-constituted municipalities registration, specializing in environmental protection public welfare activities for five consecutive years, and no record of illegal social organization, can to people court to lodge a complaint". In other words, these social organizations can act as the main body of litigation in environmental public interest litigation. According to the media, there are about 300 social organizations that meet these conditions at home, and the number of zhuhai is not yet clear. Individual lawsuits are filed in accordance with the general tort procedure.

What is the cost of environmental litigation?

Was founded at the end of 2008 in yunnan province, kunming then environmental tribunal as early as its inception, to the municipal government proposed "kunming environmental public interest litigation relief fund", and regulation, public interest litigation filed a lawsuit, can apply to the public welfare lawsuit relief fund for litigation costs, lost the defendant shall bear the compensation that should be paid to the public welfare lawsuit relief fund, the cost of the repair environment by relief fund spending. Currently, there is no solution to the problem in zhuhai. If environmental public interest litigation is brought, the cost will need to be organized by the social organization, or the relevant stakeholders will raise the money.

What are the characteristics of the zhuhai environmental court?

In addition to the civil cases involving environmental resources, the environmental resources collegiate panel in zhuhai will also extend the trial function.

Low use trial after shi Ming, answering questions after convicted, sentenced to a variety of means such as interpretation of the basic law, the legal system propaganda throughout the trial of each link, help the parties to a case, the correct understanding of relevant laws and regulations, especially the pollution enterprise consciously enforcement of the judgment or ruling of a court to take effect.

Low to the parties to a case after coming back, understand the parties after the rectification, lead polluting enterprises to perfect the environmental protection measures, transformation of the mode of production, realizing green production.

Low through radio, television, newspaper, network and so on many kinds of medium, increase the propaganda environmental protection laws and regulations and the typical case, improving environmental judicial protection in the social public awareness, influence and credibility.

What is the limitation of zhuhai environmental court?

The criminal and administrative cases are still being tried in the criminal court and the administrative court. In addition, the environmental protection public interest litigation policy in zhuhai is not clear.