ZhejiangfirstreleaseofjudicialprotectionofthemarineenvironmentBulletin

2020-03-02   阅读:71

  Zhejiang first release of judicial protection of the marine environment Bulletin January 7, the Ningbo Maritime Court held a press conference, the first release of judicial protection of the marine environment white paper Zhejiang Province to the community.Zhejiang province is the ocean, a unique combination of advantages of resources, port, fishing, beach and sea scenery belt provides an important resource backing for economic development of Zhejiang Ocean.Marine Environment Resources trial has civil, administrative, criminal cross-cutting features, they are more complicated trial.The past five years, Zhejiang Environmental Protection is responsible for the administration of justice ocean Ningbo Maritime Court according to the law of the sea disputes caused by pollution, marine ecological damage, oil spills involving 79.Where the cost of disputes arising from oil or other hazardous liquids produced 29 prevention, public interest litigation cases because of damage to the marine ecological environment of three administrative cases involving the marine environment Maritime 44 criminal cases because of damage to the marine ecological environment of three.It is understood that, in response to recent cases involving the marine environment increased significantly condition, the hospital specialized explore innovative environmental resources to carry out the trial mechanism, the formation of professional collegial panel to hear disputes arising from oil pollution prevention costs generated, according to the law give priority to the maritime sector clean-up costs.In addition, the hospital explore the use of non-litigation execution waters cut executive separation mode, by handling non-litigation enforcement actions to support the administrative authorities impose administrative penalties for violations in violation of marine environmental protection laws and regulations, damage the marine environment and ecological resources in accordance with law, help Zhejiang marine ecological resources and environmental protection.According to the hospital executive vice president Zhang Qingshan introduced, Ningbo Maritime Court as a criminal case under the jurisdiction of Chinas first maritime pilot courts, according to the law of Chen Dayong other 20 defendants alleged illegal purchase, 3 from the transportation, sale of rare and endangered wildlife crime the exercise of jurisdiction in criminal cases concluded and effective, the fight against crime marine environmental resources play a strong deterrent, "Investing in the role of public interest litigation in the marine environment protection, the countrys first civil properly concluded Attorney rare species of marine protected public interest litigation case."It is understood that the White Paper also incorporates issues of maritime trial found in practice, judicial recommendations targeted.For example, when the oil leak occurred, the nature of the claim and clear path maritime pollution prevention measures taken by the competent authorities is not clear, directly determines the property and the cost of removal and prevention of responsibility to bear, affected the enthusiasm of the relevant clearing antifouling sector operations, research should be strengthened solve.

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