King of director of institute of law of resource of environment of Shanghai traffic university sunlights
On June 26 morning, the 3rd times the conference listened to standing committee of National People's Congress of 12 whole nations " draft of amendment of law of environmental protection " (the following abbreviation " amendmentharrison hot spring public pool draft " ) the report of modification circumstance. In June 27 in the morning, standing committee of National People's Congress will undertake be deliberatived in group to this draft.
"" amendment draft " modification direction is correct, progress than a lot of clauses with photograph of first instance draft big. " Wang Xi of director of institute of law of resource of environment of Shanghai traffic university expresses to our newspaper. "Nevertheless still many clausal existence are refined, the space that discuss and improves. Be in for instance in the light of did not approve the punishment that builds first and the punishment that press day, whether the legal responsibility that adds pair of specific responsibility people? Whether the legal responsibility that adds pair of specific responsibility people??
Wang Xi thinks, " environmental protection law " main innovation direction is to pay attention to standard and tie government action morebrass faucet, prevent a government to become the biggest maker of environmental problem.
Wang Xi pays close attention to environmental protection law for a long time revise, ever held the position of law of resource of environment of Shanghai traffic university to consider " environmental protection law edits research " task group controller. This task group ever combined 8 universities of domestic and American admire this the environmental law scholar of the college such as the university was begun " environmental protection law " edit research, referred to environmental protection ministry " environmental protection law " the report is evaluated after carrying out draft and " environmental protection law " (edit the proposal stalks of grain) the achievement such as draft.
Active " environmental protection law " apply try out, formally 1989 from 1979 up to now, 20 old have not are revised. The standing committee of National People's Congress of 11 whole nations that held in August 2012 the 28th conference, undertake be deliberatived first to draft of amendment of law of environmental protection. On August 31, 2012, draft is released external and seek an opinion publicly to the society.
Main body of environmental commonweal lawsuit is restricted to be scarcer
" 21 centuries " : " amendment draft " set " to polluting an environment, destroy modes of life and relation to their environment, damage a society the behavior of public interest, federation of China environmental protection and the environmental protection union that establish in province, municipality, municipality directly under the Central Government are OK to people court to lodge a complaint. " how do you look to this?
Wang Xi: About environmental commonweal lawsuit, 2012 " civilian tell a way " amendment provision, numerous to polluting environment, enroach on consumer is lawful rights and interests damage a society the behavior of public interest, the office that law sets and concerned organization is OK to people court to lodge a complaint. This one in of the regulation " concerned organization " range is very wide.
To this, wang Shengming of vice director of council of job of legal system of standing committee of countrywide National People's Congress expresses, vote finally draft general " concerned society organization " instead " concerned organization " , it is to will mention actually the main body limits of commonweal lawsuit expanded further.
" amendment draft " can keep environmental commonweal suit go in, this is a progress. But environmental commonweal lawsuit limitation is an organism, restrict more to death, this kind of practice is scarcer in legislative practice, this also is a kind of discrimination of pair of other society organizations. I am not big approve of this kind of practice.
" 21 centuries " : Already somebody thinks, " amendment draft " one great progress is environmental protection the system appeals long already " press day plan to punish " write went in.
Wang Xi: "Press day plan to punish " entering a law is a progress. What it basically is aimed at is more general have tfree modern dining chairshe environment such as durative blowdown to violate a phenomenon, through lasting punishment increases the deterrence power to the enterprise. But we also cannot cross Yu Le to watch to this one system. Because, the outstanding issue that environmental protection executes the law does not depend on fining a standard too low, and depend on whether overcoming industry protectionism and local protectionism, accomplish strict fairness to execute the law. This is the biggest difficult problem that environmental protection executes the law, the balance that if why handle society of environmental protection and economy,develops namely concerns.
In legal responsibility respect, I suggest, to violating the phenomenon of blowdown, want to punish its unit not only, also want to punish its responsibility person.
Did not approve build first should find out specific responsibility person
" 21 centuries " : " amendment draft " right full those who defend controversy " did not approve build first " problem, made a provision: Construction unit did not refer construction project environment to affect an evaluation lawfully, start working of do sth without authorization builds, by environmental protection administration director branch is instructed stop to build, place in order to fine, can instruct restorable. How do you evaluate this one clause?
Wang Xi: " annulus criticizes a way " thirtieth once was opposite " did not approve build first " legal responthe best spring poolsibility made a provision, by the environmental protection administration that authority examines and approve this projecspring poolt environment to affect evaluation file director branch is instructed stop to build, deadline fills do procedure; Exceed the time limit does not fill do procedure, can be in 50 thousand yuan of above 200 thousand yuan of the following amerce, be in charge of personnel and personnel of other and direct responsibility to what construction unit is in charge of directly, give disciplinary sanction lawfully.
Contrast, can see " amendment draft " very bigger than afore-mentioned clausal progress. The first, before it stemmed " deadline fills do " this one " flaw " . According to the regulation previously, deadline fills did to open a cut for a lot of projects that violate compasses mount a horse with respect to the likelihood. Did not approve built first irrespective, fill a formalities can. This cut is very bad, should block up early on. The 2nd, it offerrharrison hot spring dealed more severe measure, can ask construction unit is restorable namely. This restorable how to explain after all? Mean a few fill the construction project that handles formalities, in by examine and verify when if discover this project,ought not to go up, can ask this project stops so, remove the effect of pre-construction or start working to the environment? If can understand so, so this one is very good, very fierce.
In the light of did not approve the legal liability that establishs first, many person appeals should raise the upper limit of amerce, because the amerce amount before is too small, do not have enough deterrence power to building an unit. I think, so do can have certain effect of course. The key of the problem depends on, amerce upper limit rises impossibly without limit, very how old construction project unit, care about amerce far from. Raise certain amerce upper limit, did not approve to checking build first also the canal with true may not is used.
I suggest, did not approve the issue that proposes first, if caused serious environmental consequence, can consider to increase the legal liability of the specific responsibility person of the construction unit that builds first to was not being approved, let specific person assume strict legal responsibility only, just decrease possibly to did not approve the case that builds first.
The community that strengthens program annulus to judge is participated in
" 21 centuries " : " amendment draft " the 15th the first section provision, work out concerned development and use a program, build influential to the environment project, ought to undertake the environment affects an evaluation lawfully. To this, you how annulus of look upon program judges write?
Wang Xi: This one basically is with 2002 National People's Congress passes " annulus criticizes a way " join. " annulus criticizes a way " the 7th regulation, the government reachs the people of concerned branch of the State Council, place of city class above that establishs a division its concern a section, the concerned program that the land that organizes a work out to its uses, the construction of area, catchment, maritime space, development uses a program, ought to weave in the program the organization in the process undertakes the environment affects an evaluation, the canto that writes this program to be affected about the environment perhaps explains. Under contrast, not difficult discovery " annulus criticizes a way " the limits that program annulus of the regulation judges is more specific.
The problem depends on, is program annulus judged whether operation? Current, the executive state of each district nots allow hopeful. We are some closer year of a few environments that will happen kind group sex incident, include the PX item with very big dispute. The origin of these incident from apparently looking is the issue that project annulus reviews mostly, but the issue that get to the bottom of sth or program annulus review. Before because of many large construction the project is undertaking project annulus is judged, had written the special program that took seat area, substantially was decided, accordingly the annulus from the back judges a likelihood is a form only. Accordingly, how normative program annulus reviews a content great.
" 21 centuries " : How do you think to should solve program annulus to review the case of executive not do one's best?
Wang Xi: My proposal has at 3 o'clock. Above all, program annulus judges make a process should not close a door to do, should induct the public adequately to participate in. A few important interest relatives, include to concern enterprise, organism and individual delegate, should participate in what judge to program annulus to make in the center go. The sufficient expression of the opinion of each interest relatives, conduce to the scientific sex that enhances annulus to judge and comprehensive sex.
Next, program annulus is judged should open. A lot of special programs did program annulus to judge, but the public cannot see, also do not know these plan to be opposite material effect of the environment. I think, program annulus is judged also should judge like project annulus euqally open, or the accessory with the program, perhaps undertake publicity with a modern dining chairsof the program paragraphic form.
The 3rd, judge to program annulus should undertake asking duty. If program annulus is judged,gave an issue finally, so the otherwise of specific responsibility person that annulus of program of responsible at that time examine and verify judges should assume responsibility, how to assume legal responsibility, assume how old law responsibility? I feel these problems want to be made clear as soon as possible, established responsibility mechanism only, the science that ability ensures annulus is judged, true.
" 21 centuries " : " environmental protection law " a when revise important way, it is the environmental protection responsibility of aggrandizement government. So be aimed at the phenomenon that solves a place to pollute incident frequency to send, what proposal do you have?
Wang Xi: I suggest, " environmental protection law " revise should set a provision only, fulfill environmental protection function to provide finance safeguard for local government. Be in current below this kind of central branch tax system with the place, local government is in the policy that should implement and duty much, but the corner with little capital. A lot of local government offer sufficientbrass faucet aerator funds to perform environmental protectioi want modern dining chairsn function feebly. For this, " environmental protection law " edit ought to set fulfill environmental protection function to provide enough finanwatch case openerce support for local government, the right of environmental protection matter that allows local government and financial capacity match rise.
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