On June 5th, the Supreme People's Court released the "China Environmental Resources Trial (2021)". The following is the main content:

2021 was a milestone year in the development history of environmental resources trials in the people's courts. On May 26, 2021, General Secretary Xi Jinping sent a congratulatory letter to the World Environmental Justice Conference, pointing out that "The Earth is our common home. All countries in the world should work together and take prompt action to build a beautiful home where humanity and nature coexist in harmony. China adheres to the new development concepts of innovation, coordination, green development, openness, and sharing, comprehensively strengthens ecological and environmental protection, and actively participates in global cooperation on ecological civilization construction. China continues to deepen the reform and innovation of environmental justice and has accumulated beneficial experience in judicial protection of the ecological environment. China is willing to work with all countries and international organizations to jointly promote global ecological environment governance." General Secretary Xi Jinping's congratulatory letter fully affirmed the beneficial experience of China's environmental judicial reform and innovation, pointed out the direction of development for environmental resources trials in the people's courts, and provided fundamental guidelines. On December 10, 2021, the Supreme People's Court held the Third National Environmental Resources Trial Work Conference, systematically summarizing the work of the past three years, analyzing the situation and tasks facing environmental resources trials, focusing on serving and safeguarding the overall work of the Party and the country, focusing on building an environmental resources trial system with Chinese characteristics and international influence, actively promoting the systematization of ecological environment law application rules, and striving to build a high-quality and professional environmental resources trial team. Specific work arrangements were made in these aspects, clarifying the overall thinking and direction of development for advancing the work, and opening a new journey for environmental resources trial work.

In 2021, people's courts at all levels adhered to the guidance of Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implemented Xi Jinping's Thought on Ecological Civilization and Xi Jinping's Thought on the Rule of Law, fully implemented the spirit of the 19th National Congress of the Party and the Plenary Sessions of the 19th Central Committee, conscientiously implemented the important instructions of General Secretary Xi Jinping's congratulatory letter to the World Environmental Justice Conference, closely focused on coordinating the promotion of the "Five-Sphere Integrated Plan" and the coordinated promotion of the "Four-Pronged Comprehensive Strategy", firmly grasped the people-centered development thought, based on the new development stage, fully and accurately implemented the new development concept, built a new development pattern, promoted high-quality development, adhered to building an environmental resources trial system with Chinese characteristics and international influence as the main line, promoted the construction of specialized trials as the starting point, deepened reform and innovation as the driving force, improved the level of smart justice as the support, expanded international cooperation and exchanges as the platform, and fully exerted the functional role of environmental resources trials, and all work has reached a new level.

I. Adjudicate all types of cases fairly and impartially in accordance with the law, and comprehensively strengthen judicial protection of the ecological environment

In 2021, courts nationwide accepted 297,492 first-instance environmental resource cases and concluded 265,341 cases, representing year-on-year increases of 8.99% and 4.76%, respectively. Adhering to the principle of legality of crime and punishment, implementing the criminal policy of combining leniency and severity, increasing the punishment of crimes that pollute the environment and damage the ecology, and safeguarding national ecological environment and natural resource security, 39,023 first-instance environmental resource criminal cases were accepted and 35,460 cases were concluded. Strictly implementing the principles of liability for damage and full compensation, exploring the application of punitive damages, and investigating the civil liability of those who pollute the environment and damage the ecology in accordance with the law, 185,468 first-instance environmental resource civil cases were accepted and 167,055 cases were concluded. Giving full play to the preventive and supervisory functions of administrative trials, supporting and supervising administrative organs to perform their regulatory duties in a timely manner in accordance with the law, 73,001 first-instance environmental resource administrative cases were accepted and 62,826 cases were concluded. Strengthening the trial of environmental public interest litigation and ecological environment damage compensation cases, and effectively safeguarding national interests, social public interests, and the environmental rights and interests of the people, 5,917 environmental public interest litigation cases were accepted and 4,943 cases were concluded; 169 ecological environment damage compensation cases were accepted and 137 cases were concluded.

II. Give full play to the functions of trial and serve the overall work of the Party and the country in the new era

Help to deeply fight the battle against pollution, legally try cases involving air, water, soil, solid waste and noise pollution, actively participate in the revision and argumentation of the Law on the Prevention and Control of Noise Pollution, put forward suggestions for the revision of relevant articles on legal liability, and provide judicial practice support for the revision of the Law on the Prevention and Control of Noise Pollution. Implement the national strategy for biodiversity protection, legally try cases involving judicial protection of genetic diversity, species diversity and ecosystem diversity, and release the first batch of 7 thematic guiding cases on biodiversity protection, such as the "Green Peacock Protection" preventive public interest litigation case, clarifying the adjudication rules for judicial protection of biological populations and their living environment. Promote the efficient, economical and rational use of resources, draft opinions on severely punishing crimes of illegal mining of mineral resources, rectify and prevent illegal mining of mineral resources, and safeguard the safety of mineral resources and the ecological environment. Serve green, low-carbon and circular development, hold special seminars to study judicial rules for carbon emission trading disputes, draft guiding opinions on judicial assistance to achieve carbon peaking and carbon neutrality goals, and judicial interpretations on the trial of civil cases involving forest resources, jointly contribute to the realization of carbon peaking and carbon neutrality goals. Help optimize and upgrade the industrial structure, actively explore the application of prohibition orders in the trial of environmental pollution and ecological damage cases, prevent or reduce ecological environment damage in a timely manner, and strengthen ecological environment risk prevention. Serve the coordinated regional development of the country, issue implementation opinions on the implementation of the Yangtze River Protection Law, hold promotion meetings on environmental resource trials in the Yangtze River and Yellow River, the Grand Canal, and the South-to-North Water Diversion Project basins, and release relevant minutes and typical cases to promote the systematic protection and governance of key river basins such as the Yangtze River.

III. Adhere to good laws and governance, and continuously improve the ecological environment adjudication rule system

Issue guiding documents such as the "Opinions on Strengthening and Innovating Environmental Resource Trial Work in the New Era to Provide Judicial Services and Guarantees for Building a Modernization of Harmonious Coexistence between Man and Nature" and the "Environmental Resource Case Types and Statistical Norms (Trial Implementation)" to deepen the top-level design of judicial policies. Issue judicial interpretations such as the "Provisions on Several Issues Concerning the Application of Prohibition Order Preservation Measures in Ecological Environment Tort Cases" and the "Interpretation on the Application of Punitive Compensation in Ecological Environment Tort Dispute Cases" to improve the rules for the application of laws. Release the first batch of 7 thematic guiding cases on biodiversity protection, and 30 typical cases on ecological environment protection of the Yangtze River and Yellow River and in 2020, and try major typical cases such as the preventive public interest litigation case of Acer pentaphyllum and the first case of punitive compensation for ecological environment torts in the Civil Code, giving play to the exemplary leading and rule-supplementing role of cases. Innovate trial enforcement methods, expand and extend trial functions, and explore ways for defendant enterprises to assume responsibility by donating new energy electric vehicles for public welfare undertakings, and entrusting ecological environment foundations to supervise ecological environment restoration funds through public trust, so as to achieve ecological restoration.

As of the end of 2021, a total of 2,149 specialized environmental resource trial institutions and trial organizations have been established nationwide. The Supreme People's Court has realized the "three-in-one" centralized exercise of environmental resource criminal, civil, and administrative trial functions by the Environmental Resource Trial Tribunal, further improving the supervision and guidance to lower levels and ensuring the correct and unified application of laws. Following the establishment of the Nanjing and Lanzhou Environmental Resource Courts, the Supreme People's Court approved the establishment of the Kunming and Zhengzhou Environmental Resource Courts, exploring new practices in the construction of specialized trial institutions and centralized jurisdiction mechanisms. Implement the principles of integrated protection and systematic governance, and deepen judicial cooperation on environmental resources in key regions and basins. The Higher People's Courts of Henan, Hubei, and Shaanxi signed a cooperation agreement on ecological environment protection and restoration around the Danjiangkou Reservoir; the Higher People's Courts of Heilongjiang and Inner Mongolia jointly signed a cooperation agreement on environmental resource trials for the protection of forest, grassland, wetland, and wildlife resources in the two northeastern border provinces (regions). Expand cross-departmental linkage mechanisms, the Supreme People's Court and the Leading Group Office for Promoting Ecological Protection and High-Quality Development in the Yellow River Basin signed a collaborative governance cooperation agreement, and held discussions with the Ministry of Ecology and Environment to promote the coordinated linkage between administrative law enforcement and justice. Carry forward the "Fengqiao Experience" in the new era, promote the use of diversified dispute resolution methods such as mediation, negotiation, and arbitration, and more efficiently and conveniently meet the diversified environmental judicial needs of the people.

V. Strengthen team building and strive to improve the level of environmental resource judicial services

Strengthen the ideological and political and professional construction of the adjudication team, and strive to build an environmental resource adjudication team that the Party and the people can trust, rely on, and feel at ease with. Deepen theoretical research, organize online training courses on environmental resource adjudication for national courts and training courses for environmental resource judges in the central and western regions; establish the "Green Development Forum"; carry out the selection of excellent judgment documents and excellent business achievements in national environmental resource adjudication, with 15 judgment documents and 19 research achievements winning awards. Unblock litigation channels and improve convenience measures. Actively promote the construction of smart courts and accelerate the construction of the China Environmental Resources Judicial Platform; promote online filing, cross-regional filing, online court hearings, and circuit trials to extend environmental resource judicial services to the people. Promote judicial openness and deepen public participation. Hold 6 press conferences to release judicial interpretations, guiding cases, etc.; invite 85 deputies to the National People's Congress and members of the National Committee of the Chinese People's Political Consultative Conference to participate online in the Third National Environmental Resource Adjudication Work Conference and other important activities. People's courts at all levels carry out various forms of publicity activities such as releasing annual reports and publicly hearing cases on the 6.5 Environment Day and the International Day for Biological Diversity, effectively enhancing the awareness of the rule of law in protecting the ecological environment throughout society.

VI. Deepen international exchanges and significantly enhance China's international influence in environmental justice

Successfully held the World Environmental Judicial Conference, drafted and promoted the adoption of the Kunming Declaration of the World Environmental Judicial Conference, declaring that environmental justice should adhere to the principles of fairness, common but differentiated responsibilities and respective capabilities, the principle of protecting and sustainably utilizing natural resources, and the principle of liability for damages, actively apply preventive and restorative judicial measures, public interest litigation and diversified dispute resolution methods, and continuously promote the specialization, informatization and internationalization of environmental justice, providing practical and feasible judicial solutions for global environmental governance. Sent personnel to participate in international seminars such as the Ecological Civilization Forum of the 15th Conference of the Parties to the Convention on Biological Diversity and the high-level round table meeting of the World Conservation Congress and delivered keynote speeches to promote China's achievements in environmental justice. Published the second batch of 10 typical Chinese environmental resource cases and 2 annual reports on Chinese environmental resource adjudication on the website of the United Nations Environment Programme, and edited and published the English version of China's Top Ten Most Influential Environmental Cases, which was published and distributed in Pakistan and other countries along the "Belt and Road", and continuously expanded China's international influence in environmental justice by displaying cases in a language that all countries in the world can understand.

In the next step, people's courts at all levels will always hold high the great banner of Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement Xi Jinping's Thought on Ecological Civilization and Xi Jinping's Thought on the Rule of Law, conscientiously implement the spirit of General Secretary Xi Jinping's congratulatory letter to the World Environmental Judicial Conference, fully and accurately implement the new development concept, serve the high-quality development of the economy and society, continue to deepen the reform and innovation of environmental justice, solidly promote the specialized construction of adjudication, consolidate and expand international exchanges and cooperation, strive to build an environmental resource adjudication system with Chinese characteristics and international influence, continuously meet the people's needs for a beautiful ecological environment, and provide strong judicial services and guarantees for building a modern country where man and nature coexist in harmony and jointly promoting the prosperity of the people, the strength of the country, and the beauty of China.