In order to implement the "CPC Zhangzhou Municipal Committee Office Zhangzhou Municipal People's Government Office on the issuance of "Zhangzhou City, ecological environment damage compensation system reform implementation program" notice" (Zhangzhou City Office [2019] No. 1), to accelerate the construction of ecological environment damage compensation system, combined with the actuality of our region, the development of this implementation program.
One, the guiding ideology
Taking Xi Jinping's thought of socialism with Chinese characteristics in the new era as a guide, comprehensively implementing the spirit of the 19th CPC National Congress and the National Conference on Ecological Environmental Protection, and in-depth study and comprehension of Xi Jinping's thought on ecological civilization. It is tightly focused on promoting the "five-in-one" overall layout and coordinating the "four-comprehensive" strategic layout, adhering to the new development concept, highlighting the innovation of the system and mechanism, and further clarifying the scope, liability subject, and compensation for damage to the ecological environment through the implementation of the ecological environmental damages compensation system on a trial basis within the whole region. Through the trial implementation of ecological environment damage compensation system in the whole region, to further clarify the scope of ecological environment damage compensation, the main body of responsibility, the main body of the claim, the damage compensation solution, etc., the formation of the corresponding appraisal and assessment of the management and technical system, financial security and operation mechanism, the establishment of a sound system of ecological environment damage restoration and compensation system, to promote the prevention and control of pollution to combat, make up for the short board of the ecological environment, and to accelerate the construction of the national ecological civilization pilot area.
Second, the reform objectives
In the provincial and municipal environmental protection departments under the leadership of the region, and strive to initially build the responsibility for clear, unimpeded pathway, technical specifications, strong protection, compensation in place, the repair of effective ecological environmental damages compensation system The system of compensation for damage to the ecological environment is carried out in a steady and orderly manner.
Three, the scope of application
The implementation of the program referred to the ecological environment damage, refers to the pollution of the environment, damage to the ecological caused by pollution of the environment, the environment elements such as atmosphere, surface water, groundwater, soil, forests and other biological elements such as plants, animals, microorganisms, and other adverse changes, and the above elements of the biological elements. The damage to the ecological environment refers to the unfavorable change of environmental elements such as the atmosphere, surface water, soil, forests and other biological elements such as plants, animals and microorganisms, and the degradation of the function of the ecosystems composed of the above elements due to pollution of the environment.
(a) one of the following circumstances, in accordance with the requirements of this implementation program, the responsibility for compensation for damage to the ecological environment shall be investigated according to law:
1. text-align: left;">2. In the national and provincial, municipal main functional area planning delineated in the key ecological function zones, prohibited development zones occurring environmental pollution, ecological damage;
3. In the region's land-based ecological protection of the red line within the scope of the environmental pollution, ecological damage occurs;
4. Environmental pollution and ecological damage events occurring in key ecological function zones, prohibited development zones, and other areas outside the red line of ecological protection of the land area, which directly lead to a decline in the environmental quality level of the region's water, atmosphere, soil, etc., or functional degradation of arable land, woodlands, green areas, wetlands, and sources of drinking water, or Serious stagnation and death of forest trees;
5. Occurrence of other serious impact on the ecological environment consequences.
(2) The following situations are not applicable to this implementation program:
1. Involving personal injuries, individual and collective property losses claiming compensation, the Civil Code of the People's Republic of China, the Tort Liability chapter of the applicable legal provisions;
2. In case of compensation for damage to the marine ecological environment, the laws and relevant regulations on marine environmental protection shall apply.
Four, working principles
(a) according to the law to promote, encourage innovation. In accordance with relevant laws and regulations, based on the actual situation in the region, from easy to difficult, steady and orderly to carry out the reform of the ecological environment damage compensation system. The specific issues not provided for by law, according to the need to put forward policy and legislative proposals.
(ii) the environment has a price, damage responsibility. Reflect the ecological function value of environmental resources, prompting the compensation obligation to repair the damaged ecological environment. If the damage to the ecological environment cannot be repaired, monetary compensation will be implemented for alternative repair. Compensation obligations for the same ecological damage to the behavior of administrative or criminal liability, does not affect its liability for ecological damage according to law.
(C) active consultation, judicial protection. After the occurrence of ecological damage, the right to compensation by the organization to carry out ecological damage investigation, appraisal and assessment, restoration of the work of the preparation of the program, take the initiative to consult with the compensation obligations. Consultation did not reach agreement, the right to compensation can be lawsuit.
(d) Information sharing, public supervision. The implementation of information disclosure, promote the government and its functional departments to share information on ecological environmental damage compensation. Ecological environment damage investigation, appraisal and assessment, restoration program preparation and other work involving public interest in major matters should be open to the public, and invite experts and interested citizens, legal persons and other organizations to participate.
Five, the main tasks
(a) clear start-up procedures
Ecological and environmental damages to the implementation of hierarchical management. District ecological environment sub-bureau, science and economic bureau, construction bureau, natural resources bureau and other ecological environment, natural resources supervision and management functions of the district departments, to strictly fulfill their responsibilities, in a timely manner will be under the jurisdiction of the field of ecological and environmental damage cases occurring in the case of the investigation, and timely report to the higher authorities, to start the investigation of ecological and environmental damage compensation.
(2) clear compensation obligations
Violation of laws and regulations, resulting in ecological and environmental damage to the unit or individual, should bear the responsibility of ecological and environmental damages, to do should be compensated. Existing civil law and resource environmental protection laws have relevant exemptions or mitigation of ecological damage compensation provisions, according to the corresponding provisions of the implementation.
(C) determine the right to compensation
Zhangzhou Hi-Tech Zone Management Committee as the jurisdiction of ecological environmental damage compensation rights, is responsible for the jurisdiction of the ecological environmental damage compensation work, designate the district ecological environment sub-bureau of its subordinate, the Bureau of Science and Economics, Construction Bureau, Natural Resources Bureau and other relevant departments. Construction Bureau, Natural Resources Bureau and other relevant departments, according to their respective responsibilities for ecological environment damage compensation within the jurisdiction of the specific work; ecological environment damage involves more than one area, by the relevant departments to jointly carry out the specific work of compensation and designation of the Natural Resources Bureau of the district is responsible for the specific work of ecological environment damage compensation.
Strengthen the supervision of ecological environmental damage claims, compensation rights and their designated relevant departments or institutions responsible for staff in the work of the claim there is an abuse of power, dereliction of duty, favoritism and malpractice, in accordance with the discipline and law to investigate responsibility; suspected of committing a crime, transferred to the judicial organs. Citizens, legal persons and other organizations to report the request for compensation for damage to the ecological environment, the right to compensation and its designated departments or agencies should be timely study and reply.
(D) determine the scope of compensation
the scope of compensation for ecological environmental damage, including the cost of removing pollution, ecological environment restoration costs, ecological environment restoration during the loss of service functions, ecological environment function of permanent damage caused by
(V) Priority compensation consultation
After the occurrence of ecological environment damage, the investigation found that the ecological environment damage needs to be repaired or compensated for, by the right to compensation based on the ecological environment damage appraisal and assessment report on the damage to the facts and extent, repair start time and time limit, compensation for the damage to the ecological environment. The compensation right holder, based on the ecological environment damage appraisal report, shall consult with the compensation obligation holder on the facts and extent of the damage, the time and duration of the restoration start-up, the mode and duration of the liability for compensation, and other specific issues, and consider the technical feasibility of the restoration program, the optimization of the cost-effectiveness, the compensation obligation holder's ability to compensate for the feasibility of third-party governance, etc., and reach a compensation agreement.
The compensation agreement reached after consultation can be in accordance with the Civil Procedure Law to the people's court to apply for judicial confirmation. If the person liable for compensation fails to perform or performs incompletely the judicially recognized compensation agreement, the person entitled to compensation and the department or agency designated by him shall promptly apply to the people's court for compulsory execution.
Consultations have not reached agreement, the compensation right holder and his designated departments or institutions shall promptly file a civil lawsuit for compensation for damage to the ecological environment.
(F) standardize the appraisal
Strengthen the General Specification for Appraisal and Assessment of Environmental Damage, the Technical Methods for Appraisal and Assessment of Atmospheric Damage, the Technical Methods for Appraisal and Assessment of Environmental Damage to Surface Waters, the Technical Methods for Appraisal and Assessment of Environmental Damage to Soil, and the Technical Methods for Appraisal and Assessment of Environmental Damage to Forests. The technical method for appraisal of environmental damage to the forest appraisal and assessment of the technical method for appraisal and assessment of technical standards for appraisal and assessment of environmental damage.
Appraisal organizations providing appraisal opinions for consultations should comply with the relevant national requirements; appraisal organizations providing appraisal opinions for litigations should comply with the relevant regulations and norms of judicial and administrative organs.
(VII) improve the rules of litigation
Nine Lakes Court, Xiangcheng District People's Court in Zhangzhou High-tech Zone circuit case, Nanjing County People's Court in Zhangzhou High-tech Zone circuit case should be in accordance with the relevant provisions of the law, relying on existing resources. Contact the court ecological environment trial court or a designated specialized court to hear civil cases of ecological environment damages in our region; according to the subjective fault of the compensation obligations, business conditions and other factors to try to pay in installments, and to explore diversified ways of assuming responsibility.
Nine Lakes Court, Xiangcheng District People's Court in Zhangzhou High-tech Zone circuit case, Nanjing County People's Court in Zhangzhou High-tech Zone circuit case to study the need for ecological environmental damages in line with the preservation of evidence before the lawsuit, prior to the implementation of the implementation of the implementation of the supervision system; can be based on the trial, the ecological environmental damages proposed to litigation legislation and develop judicial interpretations The court shall study the system of pre-litigation evidence preservation in line with the needs of compensation for ecological environmental damage; it may propose legislation on compensation for ecological environmental damage and formulate judicial interpretations based on the trial.
Encourage research on the standardization of environmental evidence, and promote the efficient connection of litigation work through the effective conversion of administrative enforcement evidence to judicial evidence. Explore the establishment of an expert assistance system for the trial process of ecological environmental damage compensation litigation, and give full play to the role of experts as technical gatekeepers in the trial process.
Encourage statutory bodies and eligible social organizations to carry out ecological environmental damage compensation litigation in accordance with the law, ecological environmental damage compensation system and environmental public welfare litigation between the interface between the issues, in accordance with the Supreme People's Court and other relevant guidance for implementation.
(H) Strengthen the implementation of supervision
compensation obligations should be based on the consultation or judgment requirements, organizations to carry out the repair of ecological environmental damage. If the compensation obligation does not have the ability to carry out the restoration work, it can be entrusted to a third-party social organization with the ability to carry out the restoration.
The compensation right holder and its designated departments or institutions shall supervise the compensation obligation to timely fulfill the obligation to repair or compensate for the damage to the ecological environment, and assess the effect of restoration of the ecological environment or entrust a third party to assess the effect of ecological environment to ensure that the ecological environment is timely and effectively repaired; for the restoration of the natural restoration method, a tracking assessment shall be carried out.
District ecological environment sub-bureau, the Natural Resources Bureau, in conjunction with the relevant departments to strictly ecological environmental damage compensation information disclosure management, ecological environmental damage compensation payment utilization, ecological environmental restoration effect should be disclosed to the community to accept public supervision.
(IX) Strengthen the management of funds
Compensation obligations entrusted with the ability to repair the social third-party institutions to carry out the restoration of the restoration of the funds by the compensation obligations entrusted to the third-party organizations of the community to pay. The compensation obligation to repair or entrusted to repair, compensation for the right to carry out preliminary ecological damage investigation, appraisal and assessment, repair the effect of the post-evaluation costs borne by the compensation obligation.
Compensation obligations caused by the ecological environment damage can not be repaired, the compensation funds as government non-tax revenue, should be based on the relevant provisions of the non-tax revenue collection system, the full amount of the same level of direct payment to the state treasury, the implementation of two lines of income and expenditure, and into the budget management. Compensation rights holders and their designated departments or institutions in accordance with the requirements of the consultation or judgment, in conjunction with the region's ecological environment damage to carry out alternative restoration.
Funds for the repair of ecological damage are included in the district budget at all levels. District Finance Bureau, in conjunction with the Natural Resources Bureau to strengthen the supervision and management of the district-level ecological environment damage compensation and restoration funds, according to the deployment of the higher levels and the actual needs of the work, and in due course to study and formulate the management of the funds for the compensation and restoration of ecological environment damage in the region.
Sixth, safeguard measures
(a) the establishment of a sound leadership mechanism
Zhangzhou Hi-Tech Zone Management Committee to unify the leadership of the whole region of ecological environment Compensation system reform work. District Management Committee set up a leading group for the reform of the ecological environment damage compensation system (see the annex for details of the list), study and formulate relevant policies and measures, coordinate and solve the difficulties and problems arising from the reform work, to ensure that the reform is solidly promoted and put into practice. Ecological environment damage compensation system reform work leading group office is located in the district ecological environment sub-bureau, district ecological environment sub-bureau, the Natural Resources Bureau should designate a special person responsible for district-level ecological environment damage compensation related work.
(ii) refine the departmental division of tasks
departments should be in accordance with the ecological environment damage compensation system reform task division, timely development of supporting policies and measures, strengthen communication linkage, the formation of reform to promote synergy. District Natural Resources Bureau is responsible for carrying out the specific work of the region's ecological environment damage compensation. The district ecological environment sub-bureau, in conjunction with the Bureau of Science and Economics, the Construction Bureau, the Natural Resources Bureau and other units, is responsible for guiding the development of the relevant areas of ecological environmental damage investigation, appraisal and assessment, restoration program preparation, restoration effect of the post-assessment of the operational work. Nine Lakes Court, Xiangcheng District People's Court in Zhangzhou High-tech Zone circuit case, Nanjing County People's Court in Zhangzhou High-tech Zone circuit case is responsible for liaising with the court ecological environment trial court or designate a specialized court to guide the trial of ecological environmental damages. District comprehensive governance letter and petition service center is responsible for environmental damage appraisal and assessment agency management. The District Finance Bureau is responsible for guiding the management of funds for compensation and repair of ecological and environmental damages.
(C) focus on risk prevention and control
departments should adhere to the "party and government" "one post, two responsibilities ", strictly fulfill their responsibilities for ecological environmental protection, increase supervision, strengthen monitoring and early warning of ecological and environmental damage, explore the linkage with the grid system of environmental supervision, give full play to the effectiveness of the supervision of the grid operator, and promptly resolve potential risks that may cause ecological damage and environmental damage. Through the implementation of enterprise environmental credit evaluation, strengthen environmental supervision and training, publicity and other forms, strengthen the enterprise environmental risk awareness, improve enterprise environmental risk management measures, from the source to reduce the ecological and environmental damage incidents.
(D) the implementation of financial and technical support
Eco-environmental damages to the reform of the system of compensation for the work of the funds required by all levels of finance to be arranged. Encourage relying on scientific research institutes and technical teams, the ecological environment damage compensation system related to technical areas to carry out research; strengthen cooperation and exchanges with national ministries and commissions, authoritative institutions, experts, in the framework of the national unity, to explore the refinement of the damage identification of the key links and technical standards.
(E) Encourage and promote public participation
Continuously innovate public participation methods, and invite experts and interested citizens, legal persons, and other organizations to participate in ecological environment restoration or compensation consultation work. In accordance with the law, the public ecological environment damage investigation, appraisal and assessment, compensation, consultation agreement, litigation documents, compensation for the use of money, ecological environment restoration effect report and other information, to protect the public's right to know.
