It is understood that, from 1995, the eighth session of the National People's Congress of the third session of the Eleventh National People's Congress in 2012 to the fifth session of the National People's Congress, the National People's Congress deputies **** 2474 times as well as the delegation of Taiwan, the delegation of Hainan to put forward the amendment of the environmental protection law of the motion of 78, reflecting that the current environmental protection law is not adapted to the requirements of economic and social development, all aspects of the society to amend the call for a very high.
This is a comprehensive revision. The amended law *** seven chapters and 70 articles, compared with the existing law of six chapters and 47 articles, there are major changes.
Protecting the environment is a basic state policy of the country
Currently, there are more than 30 laws and 90 administrative regulations on environmental protection in China, and the new environmental protection law is positioned as a basic and comprehensive law in the environmental field, mainly stipulating the basic principles and basic systems of environmental protection and solving *** problems.
To this end, the new Environmental Protection Law further strengthens the strategic position of environmental protection in its general provisions, and integrates environmental protection into economic and social development in accordance with the general requirements set out in the "Decision of the State Council on Strengthening Environmental Protection through the Implementation of the Scientific Outlook on Development" as well as the "Opinions of the State Council on the Strengthening of Key Work in Environmental Protection".
The new law adds the stipulation that "protecting the environment is the basic state policy of the country" and makes it clear that "environmental protection adheres to the principles of prioritizing protection, focusing on prevention, comprehensive management, public participation, and holding polluters accountable."
The new law adds "to promote the construction of ecological civilization and the sustainable development of economy and society" to the legislative purpose of Article 1, and further clarifies that "the state supports the research, development and application of environmental protection science and technology, encourages the development of environmental protection industry, and promotes the construction of environmental protection information technology, and improves the level of environmental protection science and technology. construction, and improve the scientific and technological level of environmental protection."
Highlighting the government's responsibility for supervision and management
The new environmental protection law adjusts the structure of its chapters, highlighting the government's responsibility, supervision and legal responsibility.
The existing Environmental Protection Law has only one principle provision on government responsibility, but the new law expands it into a chapter on "Supervision and Management", which strengthens supervision and management measures and further reinforces the responsibility of local people's governments at all levels for environmental quality. The new law adds the following provision: "Local people's governments at all levels shall be responsible for the environmental quality of their own administrative areas." "The relevant local people's governments of key areas and watersheds that have not met the national environmental quality standards shall formulate plans for limiting their compliance with the standards and take measures to meet the standards on schedule."
In terms of the government's supervision of sewage disposal units, the new law adds specifics for on-site inspections in response to the more prominent problems of current environmental facilities not operating normally in accordance with the law and inaccurate monitoring records.
The new law strengthens the responsibility of local governments for environmental quality in terms of the supervision of higher-level government organs over lower-level government organs. At the same time, it adds provisions on the target responsibility system for environmental protection and the appraisal and evaluation system, and stipulates the responsibility of higher-level government and competent authorities to supervise the work of lower-level departments or staff.
Provides for June 5 as Environment Day
The new Environmental Protection Law adds the provision of Environment Day, and incorporates the World Environment Day determined by the United Nations General Assembly into the Law, providing for June 5 as Environment Day every year.
In order to further enhance citizens' awareness of environmental protection, the new law adds provisions that citizens should adopt a low-carbon and thrifty lifestyle. At the same time, it adds that citizens should abide by environmental protection laws and regulations, cooperate with the implementation of environmental protection measures, and categorize and place household waste in accordance with the regulations, so as to reduce the damage caused to the environment in daily life.
The new law stipulates that people's governments at all levels shall strengthen the publicity and popularization of environmental protection, and encourage grassroots mass self-governance organizations, social organizations, and environmental protection volunteers to carry out publicity on environmental protection laws and regulations and knowledge of environmental protection, so as to create a good atmosphere for protecting the environment. Educational administrative departments and schools should incorporate knowledge of environmental protection into school education, and cultivate young people's awareness of environmental protection.
Setting up a special chapter on disclosure of information and public participation
The new draft amendment to the Environmental Protection Law devotes a special chapter to the disclosure of environmental information and public participation, and strengthens the public's supervision of the government and sewage disposal units.
The chapter mainly provides for the following: First, it clarifies the public's right to know, participate and supervise, stipulating that "citizens, legal persons and other organizations shall enjoy the right to obtain environmental information and to participate in and supervise the protection of the environment in accordance with the law." "The competent departments for environmental protection at all levels of the people's government and other departments with supervisory and management responsibilities for environmental protection shall, in accordance with the law, disclose environmental information, improve public participation procedures, and facilitate the participation and supervision of environmental protection by citizens, legal persons and other organizations." Secondly, it clarifies that key emission units shall take the initiative to disclose environmental information, stipulating that "key emission units shall truthfully disclose to the public the names of their main pollutants, the manner of emission, the concentration and total amount of emission, the situation of exceeding the standard of emission, as well as the construction and operation of pollution prevention and control facilities." It also stipulates the corresponding legal responsibilities. Thirdly, it improves public participation in the environmental impact assessment of construction projects, stipulating that "for construction projects that are required by law to prepare an environmental impact report, the construction unit shall explain the situation to the public when preparing the report, and fully solicit opinions." "The department responsible for approving the environmental impact assessment documents of construction projects shall, upon receipt of the environmental impact report of a construction project, make it public in its entirety, except for matters involving state secrets and commercial secrets; and if it is found that the construction project has not sufficiently solicited public opinion, the construction unit shall be instructed to solicit public opinion."
Shall report annually to the National People's Congress (NPC) on the state of the environment
The new environmental protection law makes new provisions on the role of the NPC in supervision.
The new law highlights the responsibility of the Standing Committee of the National People's Congress to supervise the implementation of the government's environmental protection, stipulating that the people's government at or above the county level shall report annually to the National People's Congress at its own level or to the Standing Committee of the National People's Congress on the state of the environment and the fulfillment of environmental protection objectives, and shall also make a special report on the occurrence of major environmental incidents.
Scientific determination of environmental benchmarks in line with national conditions
The new environmental protection law adds provisions requiring scientific determination of environmental benchmarks in line with China's national conditions.
At present, environmental benchmarks in line with China's national conditions are missing, and the current environmental standards in China are mainly formulated by drawing on the environmental benchmarks and standards system of developed countries. The country has now established a key engineering test center, the establishment of national environmental benchmarks have a basic framework.
The State has established a sound environmental monitoring system
The new Environmental Protection Law has improved the environmental monitoring system.
The new law guarantees the unity of monitoring data and environmental quality assessment by standardizing the system, stipulating that the state shall establish and improve the environmental monitoring system. The competent department of environmental protection under the state council to formulate monitoring norms, in conjunction with relevant departments to organize the monitoring network, unified planning and set up monitoring network, the establishment of monitoring data *** enjoyment mechanism; monitoring institutions should comply with the monitoring norms, monitoring institutions and their responsible persons for the authenticity and accuracy of monitoring data.
Improve the system of cross-administrative pollution prevention and control
The new environmental protection law improves the system of cross-administrative pollution prevention and control.
For the prevention and control of inter-administrative pollution, the existing Environmental Protection Law has only made principle provisions on governmental consultation and settlement in Article 15, which clearly stipulates that the State shall establish a system for the prevention and control of inter-administrative pollution. The new law clearly stipulates that the state establishes a coordinating mechanism for the joint prevention and control of environmental pollution and ecological damage in key areas and watersheds across administrative regions, and implements unified planning, standards and monitoring, as well as unified prevention and control measures.
Key pollutant emissions to be controlled in total
The new environmental protection law supplements the total control system.
The new law, first, stipulates that the state will implement a total emission control system for key pollutants. Second, it establishes a monitoring mechanism for local governments. The total emission control targets for key pollutants are issued by the State Council, and the provincial people's governments are responsible for breaking down and implementing them. Enterprises and institutions in the implementation of national and local standards for the discharge of pollutants at the same time, should comply with the total key pollutant emission control targets. For more than the national key pollutant emission control targets or failed to complete the nationally determined environmental quality objectives of the region, the people's government at the provincial level or above, the administrative department of environmental protection shall suspend the approval of the total amount of new key pollutants discharged by the construction project environmental impact assessment documents.
Improving service level to promote rural governance
The new environmental protection law further strengthens the protection of the rural environment in response to the current serious pollution problems in agriculture and rural areas: First, it adds that people's governments at all levels should "promote the use of new technologies for agricultural environmental protection, strengthen the monitoring and early-warning of sources of pollution in agriculture, and co-ordinate measures taken by the relevant departments" to protect the rural environment. The first is to add that people's governments at all levels should "promote the use of new technologies for agricultural environmental protection, strengthen the monitoring and early warning of agricultural pollution sources, and coordinate measures taken by relevant departments" to protect the rural environment. Secondly, it adds that "the people's governments at the county and township levels shall improve the level of public **** services for rural environmental protection, and promote the comprehensive improvement of the rural environment." Third, it stipulates that "the application of agricultural inputs such as pesticides, fertilizers and irrigation should take measures to prevent the pollution of the environment by heavy metals and other toxic and harmful substances." Fourth, it stipulates that livestock and poultry farms, farming communities, and designated slaughtering enterprises should "take measures to scientifically dispose of livestock and poultry manure, carcasses, sewage and other wastes to prevent pollution of the environment." Fifth, add the provisions of the "county-level people's government is responsible for organizing the disposal of rural household waste."
No project may begin without an environmental impact assessment
The new environmental protection law adds the provision that "no construction project may begin without an environmental impact assessment in accordance with the law."
The new law will be the environmental protection work of some effective measures and practices into law, improve the basic system of environmental protection: add the provisions of the "not in accordance with the law to carry out environmental impact assessment of construction projects, shall not start construction," and provide for the corresponding legal responsibility: "the construction unit did not If a construction unit fails to submit environmental impact assessment documents for a construction project in accordance with the law, or if the environmental impact assessment documents have not been approved and construction is commenced without authorization, the department responsible for approving the environmental impact assessment documents for the construction project shall order the construction to be stopped, impose a fine, and may order the restoration of the original status quo ante." At the same time, to increase environmental economic incentives, stipulating that "enterprises, institutions and other production operators, on the basis of pollutant emissions in line with the statutory requirements, to further reduce the emission of pollutants, the people's government shall, in accordance with the law, take policies and measures in the areas of finance, taxation, price, government procurement and other areas to encourage and support. Where enterprises, institutions and other production operators, in order to improve the environment, switch production, relocate or close down in accordance with the relevant regulations, the people's government shall support them."
Explicitly Provides for Environmental Public Interest Litigation System
The new environmental protection law explicitly provides for an environmental public interest litigation system.
The new law stipulates that for acts of polluting the environment, destroying the ecology, and harming the interests of the social public ****, the relevant social organizations registered with the civil affairs department of the people's government at or above the municipal level of the district in accordance with the law, and social organizations specializing in environmental protection and public welfare activities for five consecutive years or more and with a good reputation, may bring a lawsuit to the people's court, and the people's court shall accept it according to the law.
At the same time, it is stipulated that the social organization filing the lawsuit shall not make profit through the lawsuit.
Administrative detention will be applied to those with serious cases
The new environmental protection law further increases the penalties for violations of the law, in response to the current problem of "low cost of violating the law and high cost of abiding by the law" in the field of environmental protection.
The new law stipulates that if an enterprise, institution or other producer or operator commits any of the following acts, which do not constitute a crime, the competent department of environmental protection of the people's government at or above the county level or other relevant departments shall transfer the case to the public security organs, and the persons directly in charge of the case and the persons directly responsible for the case shall be sentenced to more than ten days of detention and less than fifteen days of detention; if the circumstances are less serious, the person concerned shall be sentenced to more than five days of detention and less than ten days of detention: Construction projects are not carried out in accordance with the law, environmental impact assessment, ordered to stop construction, refused to comply; violation of the law, did not obtain a sewage discharge permit to discharge pollutants, ordered to stop discharging sewage, refused to comply; discharge of pollutants through concealed pipelines, seepage wells, seepage pits, irrigation, or tampering with, or falsification of monitoring data, or improper operation of pollution prevention and control facilities and other ways of evading supervision; the production, use of the state expressly prohibited the production of The production and use of pesticides, was ordered to correct, refused to correct.