Opinions of the Supreme People's Court on Providing Judicial Services and Safeguards for Ecological Conservation and High-quality Development of the Yellow River Basin
Opinions of the Supreme People's Court on Providing Judicial Services and Safeguards for Ecological Conservation and High-quality Development of the Yellow River Basin
Opinions of the Supreme People's Court on Providing Judicial Services and Safeguards for Ecological Conservation and High-quality Development of the Yellow River Basin
Fa Fa [2020] No. 19
June 1, 2020
The following opinions are formulated with a view to thoroughly implementing Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and the guiding principles of the 19th National Congress of the Communist Party of China ("CPC") and the second, third and fourth plenary sessions of the 19th CPC Central Committee, giving full play to the judicial functions of people's courts, and providing impartial and efficient judicial services and safeguards for the national strategy of ecological conservation and high-quality development of the Yellow River Basin ("YB Conservation and Development").
I. Earnestly Improving Thinking and Awareness, Enhancing the Readiness to Shoulder Responsibility for Providing Judicial Services and Safeguards for YB Conservation and Development
1. Thoroughly understanding the great significance of the national strategy of YB Conservation and Development. The Yellow River is the mother river of the Chinese nation, and the Yellow River basin is an ecological corridor connecting the Qinghai-Tibet Plateau, the Loess Plateau and the North China Plain, it is not only an important economic zone and a core cultural preservation and inheritance area in China, but also a region where different ethnic groups inhabit together and a critical area for poverty alleviation. YB Conservation and Development is of great practical significance for and profound historical influence on promoting economic and social development as well as ecological security of regions along the Yellow River and realizing the great rejuvenation and sustainable development of the Chinese nation. People's courts at all levels shall, fully recognize the sacred duties and important missions shouldered by them and earnestly enhance their self-awareness and initiative in providing judicial services and safeguards for YB Conservation and Development.
2. Accurately grasping the strategic positioning and basic principles for YB Conservation and Development. People's courts at all levels shall, firmly establish the concept that lucid waters and lush mountains are invaluable assets, unswervingly take the road of ecological priority and green development, make coordinated efforts in promoting the high-level eco-environment protection and high-quality economic development in the Yellow River basin; carry out in depth the concepts of suiting measures to local conditions, implementing policies in light of different situations, based on the whole river basin, work holistically to plan for upper and lower reaches, trunks and branches, left and right banks, use Yellow River water resources as its capacity permits, and work together to protect and harness the Yellow River; comprehensively implement the concept of taking priority over prevention and focusing on restoration efforts, follow the comprehensive conservation of mountains, rivers, forests, farmlands, lakes, grasslands and sands, work holistically to apply criminal, civil and administrative legal liability, promote the eco-environment protection and restoration as well as the rational development and utilization of natural resources in the river basin, and strive to make the Yellow River a happy river benefiting the people.
3. Constantly improving the level of judicial services and safeguards for YB Conservation and Development. People's courts at all levels shall, in accordance with the law, try all kinds of cases impartially and efficiently, give full play to the functions of deterrence and education in criminal trials, functions of prevention and supervision in administrative trials, functions of relief and compensation in civil trials, functions of evaluation and guidance in public interest litigation adjudication, and strive to strengthen ecological conservation and governance, keep the Yellow River harnessed, promote the conservation and intensive use of water resources, advance the high-quality development in the whole river basin, preserve, inherit and promote the Yellow River culture; and actively explore the building of a judicial mechanism for the river basin, optimize the allocation of trial resources, strengthen the work coordination and linkage, impel the diversified resolution of disputes, propel the modernization of the judicial system and judicial capacity in the river basin, and comprehensively improve the quality and effectiveness of services to guarantee the YB Conservation and Development.
II. Giving Full Play to Judicial Functions, Providing Impartial and Efficient Judicial Services and Safeguards for YB Conservation and Development
4.
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Fa Fa [2020] No. 19
June 1, 2020
The following opinions are formulated with a view to thoroughly implementing Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and the guiding principles of the 19th National Congress of the Communist Party of China ("CPC") and the second, third and fourth plenary sessions of the 19th CPC Central Committee, giving full play to the judicial functions of people's courts, and providing impartial and efficient judicial services and safeguards for the national strategy of ecological conservation and high-quality development of the Yellow River Basin ("YB Conservation and Development").
I. Earnestly Improving Thinking and Awareness, Enhancing the Readiness to Shoulder Responsibility for Providing Judicial Services and Safeguards for YB Conservation and Development
1. Thoroughly understanding the great significance of the national strategy of YB Conservation and Development. The Yellow River is the mother river of the Chinese nation, and the Yellow River basin is an ecological corridor connecting the Qinghai-Tibet Plateau, the Loess Plateau and the North China Plain, it is not only an important economic zone and a core cultural preservation and inheritance area in China, but also a region where different ethnic groups inhabit together and a critical area for poverty alleviation. YB Conservation and Development is of great practical significance for and profound historical influence on promoting economic and social development as well as ecological security of regions along the Yellow River and realizing the great rejuvenation and sustainable development of the Chinese nation. People's courts at all levels shall, fully recognize the sacred duties and important missions shouldered by them and earnestly enhance their self-awareness and initiative in providing judicial services and safeguards for YB Conservation and Development.
2. Accurately grasping the strategic positioning and basic principles for YB Conservation and Development. People's courts at all levels shall, firmly establish the concept that lucid waters and lush mountains are invaluable assets, unswervingly take the road of ecological priority and green development, make coordinated efforts in promoting the high-level eco-environment protection and high-quality economic development in the Yellow River basin; carry out in depth the concepts of suiting measures to local conditions, implementing policies in light of different situations, based on the whole river basin, work holistically to plan for upper and lower reaches, trunks and branches, left and right banks, use Yellow River water resources as its capacity permits, and work together to protect and harness the Yellow River; comprehensively implement the concept of taking priority over prevention and focusing on restoration efforts, follow the comprehensive conservation of mountains, rivers, forests, farmlands, lakes, grasslands and sands, work holistically to apply criminal, civil and administrative legal liability, promote the eco-environment protection and restoration as well as the rational development and utilization of natural resources in the river basin, and strive to make the Yellow River a happy river benefiting the people.
3. Constantly improving the level of judicial services and safeguards for YB Conservation and Development. People's courts at all levels shall, in accordance with the law, try all kinds of cases impartially and efficiently, give full play to the functions of deterrence and education in criminal trials, functions of prevention and supervision in administrative trials, functions of relief and compensation in civil trials, functions of evaluation and guidance in public interest litigation adjudication, and strive to strengthen ecological conservation and governance, keep the Yellow River harnessed, promote the conservation and intensive use of water resources, advance the high-quality development in the whole river basin, preserve, inherit and promote the Yellow River culture; and actively explore the building of a judicial mechanism for the river basin, optimize the allocation of trial resources, strengthen the work coordination and linkage, impel the diversified resolution of disputes, propel the modernization of the judicial system and judicial capacity in the river basin, and comprehensively improve the quality and effectiveness of services to guarantee the YB Conservation and Development.
II. Giving Full Play to Judicial Functions, Providing Impartial and Efficient Judicial Services and Safeguards for YB Conservation and Development
4.
......