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| Notice of the General Office of the Ministry of Justice on Further Effectively Conducting the Work Concerning the Administration of the Judicial Expertise of Environmental Damage | | 司法部办公厅关于进一步做好环境损害司法鉴定管理有关工作的通知 |
| The justice departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government; and the Justice Bureau of Xinjiang Production and Construction Corps: | | 各省、自治区、直辖市司法厅（局），新疆生产建设兵团司法局： |
| In recent years, the Ministry of Justice has earnestly implemented the Party General Secretary Xi Jinping's thought on promoting ecological progress, and, in accordance with the arrangements and requirements of the CPC Central Committee and the State Council for effectively preventing and controlling pollution, comprehensively strengthened the administration of judicial expertise institutions and expert witnesses for environmental damage, thus providing strong support for the fight against environmental crimes. In January 2019, the Ministry of Justice, ten ministries including the Supreme People's Procuratorate, the Ministry of Ecology and Environment, and the National Development and Reform Commission jointly issued the Opinions on Strengthening Coordination and Cooperation in Procuratorial Public Interest Litigation to Legally Conduct Pollution Prevention and Control (No. 1 [2019], Supreme People's Procuratorate). In February, the Ministry of Justice, together with other five ministries including the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security and the Ministry of Ecology and Environment, jointly issued the Minutes of the Symposium on Issues Concerning the Handling of Criminal Cases of Environmental Pollution (No. 3 [2019], Supreme People's Procuratorate), which has put forward the specific requirements for the work concerning judicial expertise in conducting environmental public interest litigation and handling criminal cases of environmental pollution. For the purposes of further effectively conducting the work concerning the administration of the Judicial Expertise of environmental damage and maximizing the role of judicial expertise in environmental public interest litigation and handling of environmental pollution criminal cases, you are hereby notified of the relevant matters as follows: | | 近年来，司法部认真贯彻落实习近平总书记生态文明建设思想，按照党中央、国务院关于打赢污染防治攻坚战的部署要求，全面加强环境损害司法鉴定机构和鉴定人管理，为打击环境违法犯罪提供了有力支持。2019年1月，司法部与最高人民检察院、生态环境部、国家发展和改革委员会等十部门联合下发《关于在检察公益诉讼中加强协作配合依法打好污染防治攻坚战的意见》（高检会[2019]1号）；2月，司法部与最高人民法院、最高人民检察院、公安部、生态环境部等五部门联合下发《关于办理环境污染刑事案件有关问题的座谈会纪要》（高检会[2019] 3号），对开展环境公益诉讼和办理环境污染刑事案件中司法鉴定有关工作提出明确要求。为进一步做好环境损害司法鉴定管理工作，充分发挥司法鉴定在环境公益诉讼和环境污染刑事案件办理中的功能作用，现就有关事项通知如下： |
| I. Effectively strengthening business guidance and services. All regions shall strengthen communication and cooperation with ecological and environmental departments and earnestly study how to solve the prominent problems in the aspects such as the process and standard application of the judicial expertise of environmental damage to enhance the pertinence and effectiveness of business guidance. By relying on the pool of review experts registered with judicial expertise institutions for environmental damage, all regions shall establish as soon as possible their own advisory teams of experts on judicial expertise of environmental damage so as to provide the step-by-step and point-to-point professional guidance and services to institutions in conducting normal business and help them constantly improve the judicial expertise capacity and quality. All regions shall build communication and exchange platforms, encouraging the institutions to “go global” and acquire experience from large, comprehensive, high-level judicial expertise institutions for environmental damage and excellent expert witnesses. They shall provide more education and training, undergoing professional training as required for every expert witness for environmental damage, so as to constantly improve their competence and quality. All regions shall strengthen typical publicity reports, vigorously publicize and regulate practices in accordance with the law, vigorously publicize outstanding judicial expertise institutions and expert witnesses that practice in accordance with the law and have made outstanding contributions, and develop a positive industrial image. | | 一、切实加强业务指导和服务。要加强与生态环境部门沟通协作，认真研究解决环境损害司法鉴定流程、标准适用等方面的突出问题，增强业务指导的针对性和有效性。要依托环境损害司法鉴定机构登记评审专家库资源，尽快组建本省（区、市）环境损害司法鉴定专家顾问团队，为机构正常开展业务提供“手把手”、“点对点”式的专业指导和服务，帮助机构不断提升鉴定能力和质量。要搭建沟通交流平台，鼓励机构“走出去”，向大型综合性高资质、高水平环境损害司法鉴定机构和优秀鉴定人学习经验。要加大教育培训力度，按要求对每一名环境损害司法鉴定人每年进行专业培训，不断提高鉴定人能力素质。要加强典型宣传报道，大力宣传依法规范执业、有突出贡献的优秀鉴定机构和鉴定人，树立行业良好形象。 |
II. Taking concrete steps to build a case database for the judicial expertise of environmental damage. Case submission shall be strengthened to encourage expert witnesses involved in judicial expertise of environmental damage to actively participate in the compilation of cases. Case submission and the number of cases included in the case database “Legal Services of China” shall be taken as important indicators to evaluate the capability level of judicial expertise institutions. Each judicial expertise institution shall submit in principle, at a minimum, one appraisal case every month to the justice department (bureau) of the province (autonomous region, and municipality directly under the Central Government), which shall issue the guiding cases relating to judicial expertise of environmental damage on an unscheduled basis. All regions shall diversify the types of cases for judicial expertise of environmental damage, with the focus on the comprehensive appraisal cases involving the nature of pollutants, soil and groundwater, surface water and sediments, oceans, and ecological environment and so forth, so as to fully reflect the diversity and multi-field characteristics of such cases. They shall also increase the use of cases, direct judicial expertise institutions and expert witnesses to devote more efforts to studying the relevant cases, especially excellent guiding cases, in the case database “Legal Services of China”, thereby constantly improving the level of judicial expertise of environmental damage.
．．．．．． | | 二、切实加强环境损害司法鉴定案例库建设。要加大案例报送力度，鼓励参与环境损害司法鉴定工作的鉴定人积极参与案例编写，将案例报送和“12348中国法网”司法行政（法律服务）案例库收录数量作为评价鉴定机构能力水平的重要指标。每个鉴定机构原则上每个月至少向本省（区、市）司法厅（局）报送一篇鉴定案例，司法部将不定期发布环境损害司法鉴定指导性案例。要丰富环境损害司法鉴定案例类型，重点加强涉及污染物性质、土壤和地下水、地表水和沉积物、海洋、生态环境等的综合性鉴定案例，充分体现案例的多样性和多领域特点。要强化案例使用，指导鉴定机构和鉴定人加强对司法行政（法律服务）案例库中相关案例特别是优秀指导性案例的学习，不断提高环境损害司法鉴定业务水平。
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