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the new "environmental protection law" embodies the maximum consensus of all the parties
2014-06-25

On April 24, the 8th meeting of the 12th the NPC Standing Committee examined and approved the revised environmental protection law (hereinafter referred to as the environmental law). Pan Yue, vice minister of environmental protection when he received an interview with reporters, said that the newly revised environment protection law implement the central requirements about promoting the construction of ecological civilization, condensate and absorb various aspects consensus furthest, is at present the most strength of the environmental protection law. 
Pan Yue said, in view of this change, the environmental protection department has studied at least ten years, since the modification start, the research demonstration lasted three and a half years, up and down pay the high attention. After recycling resource commission proposes the first review, it totally goes through four times review. NPC attaches great importance to the new environmental protection law, the standing committee of National People's Congress has twice for public opinion, for the first time, received 12000 views from all walks of life, the second received more than 2000 views. Zhang dejiang, the chairman and Shen yueyue, vice chairman personally led the method modified special investigation, to listen to Grass-roots opinion. The leader of law committee and law work committee make further study of the environment, fully listen to all sides, reflect the focus on quality, pay attention to scientific legislation, democratic legislation rigorous attitude. The law has already passed, now everyone should thank the law committee of the National People's Congress and law work committee.
Pan yue points out that the new environmental protection law has three prominent characteristics. One is the pertinence of reality. Two is prospective in the future. Three is to balance the rights and obligations. This reflects the demand of the construction of ecological civilization, reflects the new direction of modern environmental governance system innovation.
Pan Yue said, the newly revised environmental protection law has a breakthrough in several important areas.
The first breakthrough is promoting the establishment of green development model based on the environmental carrying capacity. The third plenary session of the eighteenth decide to require that establish resources and environment carrying capacity monitoring and early warning mechanism, take restrictive measures to environment carrying capacity of environment capacity overload area, explore the preparation of natural resources in the balance sheet, implement natural resources assets to the outgoing audit of leading cadres, to establish ecological environment damage responsibility person for life, promote the new pattern of modernization construction of the harmonious development of man and nature. New environmental protection law require to establish resources environmental carrying capacity monitoring and early warning mechanism, implement environmental target responsibility system and evaluation system, formulating economic policy should take a full consideration of the impact on the environment, and carry out Eia limited approval to the area of outstanding environmental quality goals, gradually improve the environment quality, etc. These rules will be the important basis to carry out green national economic accounting, establish development model based on the development of environmental carrying capacity and promote China's economy of green transformation. 
The second breakthrough is promoting the modern environmental governance of diverse work system. General secretary Xi point out to push on the modernization of the national management system and management ability. Prime Minister Li keqiang stressed that the basic environmental quality is a kind of public goods, is the public service that the government must ensure. Environmental protection is an important content of modern state governance, is the basic public function of government. New environmental protection law has taken a new step in promoting the modernization of environmental governance. It has changed the traditional way of mainly relying on the government and the department to fight alone in the past, it embodies the modern environmental management idea of diverse work and social participation. Among them, the governments at various levels are responsible for the environment quality, the enterprise shall bear the entity responsibility, citizens should report illegal and social organizations should participate in accordance with the law, the news media should supervise public opinion. 
New environmental protection law stipulate that, the state set up interregional joint prevention and control of coordination mechanism, draw red line of ecological protection, improve the ecological compensation system, the state organs preferred green procurement; Nation establishes a system of environmental and public health; State shall implement management system of total amount control and emission license, the government set up public environmental pollution monitoring and early warning mechanism, encourage environmental pollution liability insurance. 
The New environmental protection law clears that citizens have the right to know environmental information, to participate and to supervise. Newly increased specialized section stipulates information disclosure and public participation. It requires that governments at all levels and the environmental protection department should public environmental information, timely release the list of environmental illegal corporate, enterprise environment illegal information should be recorded in the social credit archives, blow down unit must disclose their environmental information, encourage and protect citizens to report illegal environment, expand the social organization scope of environmental public interest litigation.
The third breakthrough is the new environmental protection law increases the responsibility of administrative supervision department. Environmental regulatory authority is a "double-edged sword". On the one hand, new environmental protection law awarded many new regulatory powers to all levels of government and the environmental protection department, the environmental monitoring department may conduct on-site inspection, the environmental protection department is authorized to seal up and detain the facilities causing serious pollution of the environment, order the excessive amount of units to limit production and production control. Aiming at the problem of illegal cost is low, the fine daily continuous meter penalty rules are designed; For unlawful enterprise responsibility build before batch, refuse to correct, and evade regulation through dark tube drainage, introduce security detention punishment; If the case constitutes a crime, shall be investigated for criminal responsibility according to law. On the other hand, it also provides for the environmental protection department's own strict administrative accountability measures. Illegal violation of examination and approval, shielding, discovery, or illegal not receiving reports in a timely manner is investigated, the illegal seizure of seizure, tampering with fake monitoring data, not in accordance with the law of government environmental information publicly, the person in charge directly responsible and other directly responsible personnel to give a demerit, demotion, dismissal, dismissed, principal should resign. Heavy power in hand, the Chinese environmental protection person how could not go to control pollution with iron hand; Responsibility under, Chinese environmental protection how could not go to have the courage to bear.
Pan Yue said, it is the key stage of China to comprehensively deepen reform, the social from all walks of life pay close attention to the new revision of the new environmental protection law. The revision furthest condenses and absorbs all aspects of the consensus, reflects the period of the practical need of environmental protection in the future. This is most heavily environmental law at this stage. If there is no series of important instructions by general secretary Xi, Prime Minister Li keqiang, chairman of the standing committee Zhang dejiang and vice Prime Minister Zhang gaoli, there will be no active push of the National People's Congress, is impossible to have such legislative achievements. At present the most important is how to implement the new law, how to play its role in the Chinese economy green transformation. First, the environmental protection department at various levels is to accurately understand and familiar with the new law as soon as possible. Second, through extensive propaganda and training, we should guide enterprises and the public to adapt and apply the law. The most important is to strengthen law enforcement. It is a good law, and only through strict execution, can play their role. We will try to push the new law to effectively implement. This is the very critical moment test execution.

 
Website:http://www.mep.gov.cn/gkml/hbb/qt/201404/t20140427_271054.htm

 


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