| Opinions of the Supreme People's Court on Providing Judicial Services and Guarantees for Ecological Protection and High-quality Development of the Yellow River Basin | | 最高人民法院关于为黄河流域生态保护和高质量发展提供司法服务与保障的意见 |
| (No. 19 [2020] of the Supreme People's Court) | | （法发〔2020〕19号） |
| For the purposes of further implementing the underlying principles of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, the 19th CPC National Congress, and the 2nd, 3rd, 4th Plenary Sessions of the 19th CPC Central Committee, fulfilling the judicial functions of the people's courts, and providing impartial and efficient judicial services and guarantees for the national strategy of ecological protection and high-quality development of the Yellow River Basin, the Opinions are hereby offered as follows: | | 为深入贯彻习近平新时代中国特色社会主义思想和党的十九大及十九届二中、三中、四中全会精神，充分发挥人民法院审判职能作用，为黄河流域生态保护和高质量发展国家战略提供公正高效的司法服务与保障，制定如下意见。 |
| I. Strengthening the ideological commitment of the people's courts to providing judicial services and guarantees for ecological protection and high-quality development of the Yellow River Basin | | 一、切实提高思想认识，增强为黄河流域生态保护和高质量发展提供司法服务与保障的责任担当 |
| 1. The significance of the national strategy of ecological protection and high-quality development of the Yellow River Basin shall be fully recognized. The Yellow River is known as the mother river of the Chinese nation. As an ecological corridor linking the Qinghai-Tibet Plateau, the Loess Plateau and the North China Plain, the Yellow River Basin is not only China's important economic belt and one of the central areas for protecting and upholding native culture, but also a crucial area which is inhabited by multiple ethnic groups and where the battle against poverty takes place. Therefore, the ecological protection and high-quality development of the Yellow River has a major practical and far-reaching historical impact on the economic and social development and ecological safety in areas along the Yellow River, as well as on the great rejuvenation and sustainable development of the Chinese nation. The people's courts at various levels shall clearly understand the sacred duties and important missions on their shoulders, and play a more voluntary and proactive role in providing judicial services and guarantees for the ecological protection and high-quality development of the Yellow River Basin. | | 1．深刻认识黄河流域生态保护和高质量发展国家战略的重大意义。黄河是中华民族的母亲河。黄河流域是连接青藏高原、黄土高原和华北平原的生态廊道，是我国重要的经济地带和核心文化保护传承区，也是多民族聚居地和打赢脱贫攻坚战的重要区域。黄河流域生态保护和高质量发展，对于促进沿黄地区经济社会发展和生态安全，实现中华民族伟大复兴和永续发展具有重大现实意义和深远历史影响。各级人民法院要充分认识肩负的神圣职责和重要使命，切实增强为黄河流域生态保护和高质量发展提供司法服务与保障的自觉性、主动性。 |
| 2. The strategic positioning and basic principles of the ecological protection and high-quality development of the Yellow River Basin shall be ascertained. The people's courts at various levels shall firmly uphold the concept that lucid waters and lush mountains are invaluable assets, remain committed to the path of giving priority to ecological environment and green development, and coordinate efforts to advance the adequate protection of ecological environment and high-quality economic development at the Yellow River Basin. Efforts shall be made to further implement the concept of adopting measures suitable to local conditions, as well as to make an overall plan for the development of upper and lower reaches, main streams and tributaries, and areas on both banks of the Yellow River. A water-centered approach shall be taken to support large-scale river protection and governance. Under the guiding principle of putting prevention first and focusing on restoration, the governance of mountains, waters, forests, farmland, lakes, grassland and sands shall be conducted in a holistic manner. The application of criminal, civil and administrative legal liabilities shall be coordinated with ecological governance so as to improve the protection and restoration of ecological environment, as well as the exploitation and utilization of natural resources, and make the Yellow River a river that will bring happiness and benefits to the people. | | 2.准确把握黄河流域生态保护和高质量发展的战略定位与基本原则。各级人民法院要牢固树立绿水青山就是金山银山理念，坚定不移走生态优先、绿色发展之路，统筹推进黄河流域生态环境高水平保护和经济高质量发展。深入贯彻因地制宜、分类施策理念，立足全流域，统筹谋划上下游、干支流、左右岸，以水而定、量水而行，共同抓好大保护，协同推进大治理。全面落实预防优先、注重修复理念，遵循山水林田湖草沙综合治理，统筹适用刑事、民事、行政法律责任，促进流域生态环境保护修复和自然资源合理开发利用，努力让黄河成为造福人民的幸福河。 |
| 3. Judicial services and guarantees for ecological protection and high-quality development of the Yellow River Basin shall be constantly improved. The people's courts at various levels shall hear various cases with fairness and efficiency by fully leveraging the role of criminal trials in deterrence and education, administrative trials in prevention and supervision, civil trials in relief and compensation, and public interest case trials in evaluation and guidance. The people's courts shall also strive to strengthen ecological protection and governance, maintain the long-term stability of the Yellow River, promote water conservation and intensive use of water resources, support the high-quality development of the Yellow River Basin, and protect and carry forward the traditional culture along the river. Active measures shall be taken to explore a sound judicial system for the Yellow River Basin, optimize the distribution of adjudication resources, intensify work coordination and interactions, promote alternative dispute resolution methods, and modernize the adjudication system and capability at the Yellow River Basin. These efforts will help to improve the quality and efficiency of judicial services and guarantees for the ecological protection and high-quality development of the Yellow River Basin on all fronts. | | 3．不断提升黄河流域生态保护和高质量发展的司法服务与保障水平。各级人民法院要依法公正高效审理各类案件，充分发挥刑事审判震慑和教育功能、行政审判预防和监督功能、民事审判救济和赔偿功能、公益诉讼裁判评价和指引功能，着力加强生态保护治理、保障黄河长治久安、推进水资源节约集约利用、推动全流域高质量发展、保护传承弘扬黄河文化。要积极探索构建流域司法机制，优化审判资源配置，强化工作协调联动，促进纠纷多元化解，推进流域审判体系和审判能力现代化，全方位提升服务保障黄河流域生态保护和高质量发展的质效。 |
| II. Maximizing the role of the people's courts in providing impartial and efficient judicial services and guarantees for ecological protection and high-quality development of the Yellow River Basin | | 二、充分发挥审判职能，为黄河流域生态保护和高质量发展提供公正高效的司法服务与保障 |
| 4. The protection of the ecological system of the Yellow River shall be strengthened in a strict manner. The rule of law doctrine shall be stringently followed. Criminal acts of environmental pollution, illegal mining and abusive exploitation of minerals, unlawful felling of trees, excessive deforestation, illegal fishing for aquatic products, and illegal hunting, and killing of precious and endangered wildlife shall be punished according to the law. Crimes of dereliction of duty in environmental monitoring and crimes of causing severe consequences of environmental pollution shall be seriously penalized, so as to build a strong shield for ecological environment of the Yellow River Basin. Efforts shall be strengthened to hear the cases of administrative organs' failure to investigate or punish illegal and criminal activities regarding environmental protection, and supervise and support administrative organs in fulfilling their responsibilities of monitoring the Yellow River Basin. Environmental polluters and ecological destroyers shall be held liable and shall make full compensation for damages. Factors of production shall be encouraged to move towards the protection of ecological environment such as prevention and control of desertification. The construction of a comprehensive prevention and control system for geological disasters shall be facilitated. Environmental public interest cases and cases of compensation for ecological environment damages shall be properly heard. The water conservation capacity at the upper reach of the Yellow River shall be increased, soil conservation and pollution control at the middle reach of the river shall be promoted, and ecological system of protection for wetlands at the river's lower reach shall be strengthened to improve its biodiversity. | | 4．落实严格责任，加强黄河生态系统整体保护。坚持最严法治观，依法惩处污染环境、非法采矿及破坏性开采、盗伐滥伐林木、非法捕捞水产品、非法猎捕杀害珍贵濒危野生动物等犯罪行为，严厉惩治环境监管失职犯罪、造成环境污染严重后果的重大安全责任事故犯罪，筑牢黄河流域生态屏障。加强对行政机关不履行环境违法违规行为查处职责案件的审理，监督支持行政机关依法落实流域监管责任。坚持损害担责、全面赔偿原则，依法追究环境污染、生态破坏者的民事责任，鼓励支持生产要素向防沙治沙等生态环境保护方向聚集，促进地质灾害综合防治体系建设。妥善审理环境公益诉讼、生态环境损害赔偿案件，提升黄河上游水源涵养能力，促进中游水土保持和污染防治，加强下游湿地生态系统保护，提高生物多样性。 |
5. The mixing ratio of water and sand shall be properly adjusted to maintain the long-term stability of the Yellow River. Trials of cases regarding the water-sand ratio shall be taken as a key adjudication task in an effort to protect stability at the Yellow River Basin. Relevant departments shall be supported in managing water sources and wetlands at the upper reach of the river, protecting the ecological environment of grassland through resettlement of ecological immigrants, restoration of farmland to forests or grassland, and rodent and pest control, and restoring the functions of watercourses and wetlands. Administrative licenses for watercourses shall be effectively regulated, and the management of watercourses shall be improved. The mechanism for adjusting the water-sand ratio shall be secured, river chief and lake chief accountability systems shall be rigorously implemented, overexploitation of groundwater shall be strictly controlled, and siltation at the lower reach of the Yellow River shall be mitigated. Stringent measures shall be adopted to combat the criminal acts of illegal water withdrawal and illegal sand excavation. In order to protect the lives and property of the people along the Yellow River, comprehensive prevention and control of floods, disasters and soil erosion such as protection of flood prevention facilities shall be effectively conducted.
．．．．．． | | 5．助推水沙调节，维护黄河长治久安。将依法审理涉水沙关系调节案件作为流域审判工作重点，切实保障黄河长久安澜。依法支持有关部门对黄河上游水源地及涵养湿地管理，落实生态移民搬迁、退耕还林还草、鼠虫害防治等草原生态环境治理，恢复河道及湿地功能。规范河道行政许可事项，维护河道管理秩序。保障水沙调控机制运行，严格落实河长、湖长责任制，控制地下水过度利用，减缓黄河下游淤积。严厉打击非法取水、非法采砂等违法犯罪行为，做好防洪工程设施保护等防洪减灾、水土流失综合防治工作，确保黄河沿岸人民群众生命财产安全。
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