Reform Program of the Ecological Environmental Damage Compensation System
Reform Program of the Ecological Environmental Damage Compensation System
Reform Program of the Ecological Environmental Damage Compensation System
December 17, 2017
The ecological-environmental ("eco-environmental") damage compensation system is an important part of the ecological civilization ("eco-civilization") system. The compensation for eco-environmental damage is an issue of great concern to the Central Committee of the Communist Party of China ("CPC Central Committee") and the State Council. The third plenary session of the 18th CPC Central Committee expressly required that a strict compensation system be implemented with regard to those causing eco-environmental damage. In 2015, the General Office of the Central Committee and the State Council issued the Pilot Reform Program of the Eco-Environmental Damage Compensation System (Zhong Ban Fa [2015] No.57) to carry out the pilot reform in seven provinces or cities including Jilin Province, and achieved remarkable results. In order to further accelerate the construction of the nation-wide eco-environmental damage compensation system, the Program is hereby formulated on the basis of summarizing the practical experiences of the pilot reform in various regions.
I. General Requirements and Objectives
With the trial implementation of the nation-wide eco-environmental damage compensation system, we shall further define the matters of eco-environmental damage compensation such as the scope of compensation, the liable party, the claimant and the ways to settle damage claims, develop corresponding management and technical systems for appraisal and assessment as well as capital guarantee and operating mechanisms, and gradually develop a remediation and compensation system for eco-environmental damage to speed up our development of eco-civilization.
Since January 1, 2018, the eco-environmental damage compensation system shall be trialed on a national basis. By 2020, we strive to develop, on a preliminary level, a nation-wide eco-environmental damage compensation system that features well-defined responsibilities, unobstructed channels and standard technologies, and that provides strong protection, sufficient compensation and effective damage remediation.
II. Working Principles
-- Progress in accordance with the law and encouragement of innovations. Subject to the relevant laws and regulations, the reform of the eco-environmental damage compensation system shall be carried out based on the national conditions and the local realties, in an easy-to-difficult order, and in a reliable and organized manner. For specific matters not covered by law, policy or legislative proposals may be made as required.
-- Liability for damages if environmental damage is caused. The principle is to reflect the value of the ecological functions of environmental resources and to urge the obligor to make efforts to restore the damaged eco-environment. Where the eco-environmental damage is irreparable, the damage shall be compensated for in monetary terms in lieu of remediation. For the same act of eco-environmental damage, any administrative liability or criminal liability already borne by the obligor shall not affect any liability for compensating for eco-environmental damage that the same obligor may bear under the law.
-- Active negotiations and judicial protection. After the occurrence of eco-environmental damage, the claimant shall organize and conduct eco-environmental damage investigations, carry out appraisal and assessment, develop remediation plans, and actively engage in negotiations with the obligor. In the event that no agreements can be reached through negotiations, the claimant may institute legal proceedings in accordance with the law.
-- Information sharing and public supervision. The implementation of information sharing is meant to promote the sharing of information on eco-environmental damage compensation among the government and its functional departments. For major issues that arise in the course of eco-environmental damage investigations, appraisal and assessment, or development of remediation plans which involve public interests, they shall be made known to the public, and experts and interested parties including interested citizens and legal persons and other organizations shall be invited to participate in the relevant process.
III.
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December 17, 2017
The ecological-environmental ("eco-environmental") damage compensation system is an important part of the ecological civilization ("eco-civilization") system. The compensation for eco-environmental damage is an issue of great concern to the Central Committee of the Communist Party of China ("CPC Central Committee") and the State Council. The third plenary session of the 18th CPC Central Committee expressly required that a strict compensation system be implemented with regard to those causing eco-environmental damage. In 2015, the General Office of the Central Committee and the State Council issued the Pilot Reform Program of the Eco-Environmental Damage Compensation System (Zhong Ban Fa [2015] No.57) to carry out the pilot reform in seven provinces or cities including Jilin Province, and achieved remarkable results. In order to further accelerate the construction of the nation-wide eco-environmental damage compensation system, the Program is hereby formulated on the basis of summarizing the practical experiences of the pilot reform in various regions.
I. General Requirements and Objectives
With the trial implementation of the nation-wide eco-environmental damage compensation system, we shall further define the matters of eco-environmental damage compensation such as the scope of compensation, the liable party, the claimant and the ways to settle damage claims, develop corresponding management and technical systems for appraisal and assessment as well as capital guarantee and operating mechanisms, and gradually develop a remediation and compensation system for eco-environmental damage to speed up our development of eco-civilization.
Since January 1, 2018, the eco-environmental damage compensation system shall be trialed on a national basis. By 2020, we strive to develop, on a preliminary level, a nation-wide eco-environmental damage compensation system that features well-defined responsibilities, unobstructed channels and standard technologies, and that provides strong protection, sufficient compensation and effective damage remediation.
II. Working Principles
-- Progress in accordance with the law and encouragement of innovations. Subject to the relevant laws and regulations, the reform of the eco-environmental damage compensation system shall be carried out based on the national conditions and the local realties, in an easy-to-difficult order, and in a reliable and organized manner. For specific matters not covered by law, policy or legislative proposals may be made as required.
-- Liability for damages if environmental damage is caused. The principle is to reflect the value of the ecological functions of environmental resources and to urge the obligor to make efforts to restore the damaged eco-environment. Where the eco-environmental damage is irreparable, the damage shall be compensated for in monetary terms in lieu of remediation. For the same act of eco-environmental damage, any administrative liability or criminal liability already borne by the obligor shall not affect any liability for compensating for eco-environmental damage that the same obligor may bear under the law.
-- Active negotiations and judicial protection. After the occurrence of eco-environmental damage, the claimant shall organize and conduct eco-environmental damage investigations, carry out appraisal and assessment, develop remediation plans, and actively engage in negotiations with the obligor. In the event that no agreements can be reached through negotiations, the claimant may institute legal proceedings in accordance with the law.
-- Information sharing and public supervision. The implementation of information sharing is meant to promote the sharing of information on eco-environmental damage compensation among the government and its functional departments. For major issues that arise in the course of eco-environmental damage investigations, appraisal and assessment, or development of remediation plans which involve public interests, they shall be made known to the public, and experts and interested parties including interested citizens and legal persons and other organizations shall be invited to participate in the relevant process.
III.
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