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The author:(作者)qqpublished in(发表于) 2014/6/22 9:39:43 Bo Xilai， the presiding judge or Supreme Law of environmental resources Division Vice President
The Standing Committee of the national people's Congress (hereinafter "NPC") will be held from 23rd to 27th the Nineth meeting, met to discuss, through the establishment of environmental resources division of the Supreme Court. "Environmental public interest litigation-related judicial interpretations made by the environmental resources division of the Supreme Court. "One had participated in the Environmental Protection Act (hereinafter referred to as new environmental protection Act) amending law experts told the China business newspaper reporters.
Another person close to the Ministry of environmental protection, said environmental resources division of the Supreme Court have been formally established in mid-June because of the need to wait for the national people's Congress approved the program, so it hasn't been made public.
The person close to the Ministry of environmental protection said the environmental resources division of the Supreme Court by the Supreme Court into the filed two since then. Multiple independent sources show that Wang Xuguang Bo cases that have been decided by the presiding judge will serve as the Division Associate Chief Judge.
Press information Office to the Supreme Court to call and follow the voice prompts interview faxed to the specified number and leave a message for an interview to verify the request. As of press time, no response had been received.
Earlier media reports said the construction of environmental resources division of the Supreme Court in response to its increasingly serious environmental problems. According to the news of the Supreme Court, as of now, we have specialized trial of ecological environment agency 134.
Or will be the environmental resources Division Associate Chief Judge of the Supreme Court in Jinan City intermediate people's Court of Shandong province Wang Xuguang served served as trial of Bo Xilai, the presiding judge of the case and a trial fame, in May of this year was transferred to the Supreme People's court filing two chamber works. Not only was he a judge, also is a doctor of law at Renmin University, visiting professor at Shandong University School of law, civil law, property law, creditor's rights law directions such as tutor, civil and commercial hard case, Director of the Research Center at Shandong University, Shandong province's Vice President of law in civil and commercial law, Vice President of the law society in Jinan City.
Respondents said the Supreme Court had previously heard expert opinion and organizing seminars to discuss environmental matters and courts of Justice. According to the people's Court daily, on May 29, the Supreme Court held trial experts vigorously promote environmental resources Forum, Vice President Xi Xiaoming of the Supreme Court spoke at the meeting.
The Forum, a number of Experts endorsed the environmental resources of the Supreme People's Court set up a special organ to adjudicate. Wang Mingyan, a professor at Tsinghua University believe that a large number of cases the work location is not judged, but carried out some research, the research and drafting of legal interpretation, to guide difficult cases, released typical cases, judicial activities throughout the country provide basic, rule, direction instructions.
Despite January 2013 official implementation of civil method 55th article provides: on pollution environment, and against many consumers lawful rights and interests of, damage social public interests of behavior, legal provides of organ and related organization can to court filed litigation, but lawyer, and law home, and NGO organization and environmental persons have said, due to related legal system missing, environment public litigation faced litigation subject qualification, and litigation range defined not clear, and filed difficult, dilemma.
However, the ACEF said Ma Yong, Minister of supervision proceedings, the Organization has carried out pursuant to the code of civil procedure in the 2013-8 environmental public interest litigation, raised the total amount claimed hundreds of millions of dollars, but the Court has not been filed on grounds of plaintiff failed, although the Organization has been mentioned before, and CIS filing legislation, public interest litigation docket.
Tao, Deputy Director of the policy and regulations Division of the Department of environmental protection said, under the new amendments to the law on environmental protection in the process of environmental public interest litigation is the focus of most attention. Article 58th of the new environmental law, environmental pollution and ecological damage, harm public interests, comply with the following conditions of social organization may initiate litigation to the people's Court: municipal districts by law registered with the civil affairs departments at or above; specializing in environmental protection activities for more than five years in a row and no record. Meets the provisions of the preceding paragraph the community organizations bring a suit to a people's Court, the people's Court shall accept. Sue social organization may not seek economic gains through litigation.
After a peer review was not mentioned in the lawsuit, two peer reviewers will be public-interest litigation subject qualification for "China Environmental Federation, as well as in the provinces, autonomous regions and municipalities to set up environmental protection association", causing controversy over the subject was too narrow, Lieutenant General litigation subject qualification review on three expanded to "national organizations", but many grass-roots civil society organizations be excluded from the proceeding, controversy continues to rage.
Staff of civil protection group friends of nature said, engaged in environmental protection activities under the new environmental protection law for 5 years starting from nowhere, no illegal record how to affirm the need to refine clear.
At present, there is news about judicial interpretation of China's environmental public interest litigation.
Prior to this, on May 15, in "environmental volunteer lawyers and NGO joint action public seminar", Qian Sun Research Office of the Supreme People's Court judge said the new judicial explanation of civil procedural law is being drafted which will make detailed provisions 55th article of the code of civil procedure, jurisdiction and the requirements of the public interest litigation case to make detailed provisions. The judicial interpretation is expected this year will also be introduced.
New environmental protection law will be implemented on January 1, 2015. Source: China Business Journal reporter Li Yanjie
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