Promoting the modernization of ecological environment governance system and governance capacity with the power of rule of law
Author: Ayi Guli (Associate Professor, School of Law, Minzu University of China)
General Secretary of the Supreme Leader stressed at the National Ecological Environment Protection Conference: "The next five years will be an important period for the construction of beautiful China. We should thoroughly implement Socialism with Chinese characteristics’s ecological civilization thought in the new era, persist in taking the people as the center, firmly establish and practice Lucid waters and lush mountains are invaluable assets’s concept, put the construction of beautiful China in the prominent position of building a strong country and national rejuvenation, promote the obvious improvement of urban and rural living environment, achieve remarkable results in the construction of beautiful China, support high-quality development with high-quality ecological environment, and accelerate the modernization of harmonious coexistence between man and nature." This important exposition provides direction guidance and fundamental follow-up for further strengthening ecological environment protection and promoting ecological civilization construction. The construction of ecological civilization is a multi-dimensional, multi-level and multi-field systematic project, which needs to "co-ordinate resources in all fields, gather all forces, and lay a good foundation for the rule of law, market, science and technology, and policy ‘ Combination boxing ’ " . Specific to the level of the rule of law, we must always adhere to the strictest system and the strictest rule of law to protect the ecological environment, maintain normal external pressure, and constantly promote the modernization of the ecological environment governance system and governance capacity.
Improve the legal system of ecological environmental protection
Ecological rule of law is the rule of law form of ecological civilization and the organic integration of ecological civilization and rule of law civilization. The legal norms of ecological environment at the legislative level must form a harmonious and consistent ecological law order under the guidance of the basic concept of ecological rule of law. Since the 18th National Congress of the Communist Party of China, the overall leading role of the CPC Central Committee in ecological environment legislation has become more and more prominent. The supreme leader’s thought of ecological civilization and the supreme leader’s thought of rule of law provide theoretical guidance and action guide for the construction of ecological civilization in China.
The Amendment to the Constitution of People’s Republic of China (PRC) adopted in 2018 has written ecological civilization into the fundamental law of the country. The relevant provisions of the Constitution are the constitutional basis for building the whole legal system of ecological environmental protection, the constitutional compliance for promoting the reform of the ecological civilization system, and the constitutional basis for promoting the practice of ecological environmental protection and safeguarding people’s environmental rights and interests. With the gradual increase in the number of ecological environment legislation in China, the legislative forms are more diverse, the structure is more rigorous and the level is more reasonable. The environmental protection law takes "promoting the construction of ecological civilization and promoting the sustainable development of economy and society" as an important content of the legislative purpose, and establishes the red line of ecological protection, the responsibility system of environmental protection targets, continuous daily punishment, sealing up and detaining. In addition, laws such as the Yangtze River Protection Law, the Wetland Protection Law and the Noise Pollution Prevention Law have been enacted, and laws such as the Air Pollution Prevention Law and the Water Pollution Prevention Law have been revised. The Yangtze River Protection Law passed in 2020 is the first national river basin legislation, which transcends the management system of compartmentalization, departmental division and multi-head management, and provides an overall legal guarantee for environmental protection, green development and ecological security of the entire Yangtze River basin. The requirements of ecological civilization construction are also constantly integrated into the traditional departmental law, which makes the legal system of ecological environmental protection cover a wider range of fields.
The local legislation in the field of ecological environment has also been continuously improved, which has accumulated valuable experience for the construction of ecological civilization and rule of law at the national level. Regional collaborative legislation, which is designed by local legislators to comprehensively coordinate the common problems between regions, has gradually increased, becoming an important development trend of local legislation, such as Sichuan and Yunnan, which have issued regulations on the protection of Chishui River Basin. The system of laws and regulations for multi-dimensional protection of the ecological environment has been continuously improved, which provides a legal system guarantee for promoting the harmonious coexistence between man and nature.
Strengthen the legal protection of ecological environment
On the basis of perfecting the system, making the system a rigid constraint and untouchable high-voltage line can transform the institutional advantages in the field of ecological environment into governance efficiency.
The 14th Five-Year Plan proposes that by 2035, the ecological environment will be fundamentally improved, and the goal of building a beautiful China will be basically realized. During the 14th Five-Year Plan period, new progress will be made in the construction of ecological civilization, and overall arrangements will be made to promote green development and harmonious coexistence between man and nature. These important deployments need to be promoted by rule of law thinking and rule of law methods.
Adhere to and strengthen the party’s overall leadership, and run the party’s leadership through the whole process of ecological environment construction and rule of law. Our party has always attached great importance to the protection of ecological environment, and established resource conservation and environmental protection as basic national policies and sustainable development as national strategies. It is necessary to continue to carry out in-depth supervision of central ecological environmental protection, compact the local party committees and governments’ "Party and government have the same responsibility and one post and two responsibilities" for ecological environmental protection, and constantly improve the party’s scientific, democratic and legal governance in the process of ecological civilization and rule of law.
Adhere to administration according to law, and constantly improve the ability and level of ecological environment law enforcement. The key point is to solve outstanding problems such as irregular and lax law enforcement, low illegal cost, insufficient punishment, inaction and chaos. Since the 18th National Congress of the Communist Party of China, the reform of the ecological civilization system has been deepened, and the pace of improving the environmental supervision system has been accelerated. It is necessary to further clarify the law enforcement authority and procedures, refine the law enforcement process, and strengthen the standardization of the ecological environment administrative law enforcement process, such as investigation and evidence collection, licensing examination and approval. At the same time, we must resolutely correct the improper exercise of administrative power according to law, strengthen the restriction on administrative power, and improve the supporting systems such as law enforcement procedures and law enforcement efficiency. We will fully implement the responsibility system for eco-environmental law enforcement, continue to promote the reform of the vertical management system for monitoring, supervision and law enforcement of eco-environmental institutions below the provincial level, and implement the "double random and open" environmental supervision model. Implement the eco-environmental responsibilities of leading cadres at all levels, improve the restriction and supervision mechanism, promote the construction of internal audit and supervision institutions of eco-environmental departments, improve the level and ability of law enforcement teams, and improve the quality of law enforcement.
Adhere to fair justice and ensure the fair and efficient implementation of ecological environment laws. Conscientiously implement the requirements of "trying to make people feel fair and just in every judicial case", continue to promote the specialization of ecological environment justice and improve the concept of green justice. According to the revision of the criminal law and the new problems in judicial practice, environmental pollution crimes should be punished according to law, so as to provide a strong judicial guarantee for comprehensively promoting the construction of beautiful China. Establish the system of information sharing, case notification and case transfer between the ecological environment administrative law enforcement organs and judicial organs, judicial organs and procuratorial organs, and establish the mechanism of docking litigation, coordination between prosecution and prosecution, and coordination between law enforcement and prosecution. We will intensify efforts to crack down on illegal and criminal acts that damage the ecological environment, strengthen procuratorial organs’ work of bringing public interest litigation on the ecological environment, and improve the compensation system for ecological environment damage.
Adhere to the law-abiding of the whole people and consolidate the social foundation for ensuring the implementation of the rule of law in the ecological environment. Through the guidance and educational function of the rule of law, the concept of ecological civilization should be integrated into people’s ideas and behaviors, especially to strengthen the education of the rule of law for young people and continuously improve the awareness and quality of the rule of law for all citizens. Vigorously carry forward China’s excellent traditional ecological culture and ecological wisdom, guide the public to establish a low-carbon, environmentally-friendly life attitude and green consumption concept, and promote the formation of an ecological culture and social fashion in which man and nature coexist harmoniously.
Coagulate the synergy of ecological and environmental protection
Eco-environmental protection is a systematic project, and it is necessary to deepen multi-party cooperation, participate in the whole society, and comprehensively use various means such as the rule of law, science and technology, and publicity to fight the tough battle of pollution prevention and control and unite the synergy of eco-environmental protection. It is necessary to implement the "Regulations on the Supervision of Central Ecological Environmental Protection" and other inner-party laws and regulations to form a "big supervision pattern". We will improve the supervision system in which the powers and responsibilities of the supervision subjects are consistent, the supervision matters are organically linked, and the supervision results are effectively used, and improve the national supervision system.
Strict supervision and practical supervision show great importance to the construction of ecological civilization and the protection of ecological environment, and show a clear attitude of "zero tolerance" to all acts that damage the ecological environment. Specifically, strengthen the supervision of the National People’s Congress to ensure the correct implementation of the Constitution and ecological environment laws. Strengthen administrative supervision, promote administrative reconsideration, and ensure the standardized exercise of environmental administrative power. Establish a normalized ecological environment administrative supervision system, improve environmental resources audit supervision, improve environmental accountability mechanism, and ensure that administrative organs strictly implement ecological environment protection laws and regulations. Strengthen judicial supervision, improve the administrative litigation system, and promptly correct the problems of lax law enforcement and judicial injustice in ecological environment law enforcement. Strengthen supervision, achieve full coverage of national environmental monitoring, establish awareness of risk prevention, pay attention to pre-monitoring, find potential risks in time, and ensure ecological security.
Improve social supervision and promote its extensive, multi-layered and orderly development. Give full play to the role of the special consultative body of the CPPCC and the main channel of deliberative democracy, increase the special consultation and democratic supervision of ecological civilization construction, and promote the modernization of the ecological environment governance system and governance capacity. Improve the supervision system of public opinion, improve the mechanism of public opinion judgment and guidance, smooth the channels of public participation, and fully protect the people’s right to know, express, participate and supervise. Encourage social organizations and volunteers to actively participate in social supervision, enhance the ideological consciousness and action consciousness of the whole people in ecological environment protection, and promote the continuous achievement of ecological civilization construction in China.
Guangming Daily (November 23, 2023, 06 edition)