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yunnan's ecological and environmental protection regulations will be implemented in november, and leading cadres will be held accountable for life-long liability for ecological and environmental damage.

2024-10-06

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the official wechat public account of the propaganda department of the yunnan provincial party committee announced on october 6 that the "yunnan provincial ecological and environmental protection regulations" (hereinafter referred to as the "regulations") will come into effect on november 1. at the same time, the "yunnan provincial environmental protection regulations" formulated in 1992 were abolished.

the paper (www.thepaper.cn) learned from the public "regulations" that the regulations include general principles, supervision and management, protection and improvement of the ecological environment, pollution prevention and control, green and low-carbon development, information disclosure and public participation, legal responsibilities, and supplementary provisions wait for eight chapters. according to the yunnan provincial department of ecology and environment, green and low-carbon development is part of innovative settings.

according to the official website of the yunnan provincial department of ecology and environment, in recent years, yunnan province has formulated and revised a number of regulations related to ecological civilization, such as the regulations on the promotion of creating a vanguard in the construction of ecological civilization, the regulations on the prevention and control of solid waste pollution, the regulations on the prevention and control of soil pollution, and the regulations on the protection of nine plateau lakes. local regulations on construction provide legal guarantee for the continuous advancement of the modernization of the ecological environment governance system and governance capabilities.

the current "yunnan provincial environmental protection regulations" were formulated in 1992 and revised twice in 1997 and 2004. its direct superior law, the "environmental protection law of the people's republic of china", was revised in 2014. yunnan provincial regulations obviously lag behind. it is also incompatible with the relevant national laws and regulations and the new situation and new requirements of the current ecological and environmental protection work. in order to make yunnan province's local regulations consistent with relevant national laws and regulations, and to legalize the results of yunnan province's reform in the field of ecological environment and effective policies and measures in recent years, it is very important to abolish the original environmental protection regulations and formulate new ecological environment protection regulations. necessary.

the general principles of the "regulations" state that in order to protect and improve the ecological environment, prevent and control environmental pollution, protect public health, create a vanguard in the construction of ecological civilization, support high-quality development with a high-quality ecological environment, and comprehensively promote the harmonious coexistence of man and nature with the construction of beautiful yunnan modernization, the "regulations" are formulated in accordance with the "environmental protection law" and other laws and administrative regulations, and in combination with the actual conditions of yunnan province.

according to the official website of the yunnan provincial department of ecology and environment, at the eighth meeting of the standing committee of the 14th yunnan provincial people's congress held in march this year, the "yunnan provincial ecological environment protection regulations (draft)" (hereinafter referred to as the "draft regulations") were proposed the "draft regulations" reflect the characteristics of yunnan, which stipulate the relevant content of building the national southwest ecological security barrier and clarify the responsibilities of the relevant people's governments of the province in building an ecological security pattern; combined with the relevant content of the "yunnan provincial biodiversity protection regulations", it stipulates biodiversity protection work; provisions are made for the protection of the yunnan part of the six major water systems and plateau lakes in the key areas of pollution prevention and control in yunnan province.

the "bill" stipulates new situations and new issues in the field of ecological and environmental protection. the ecological environment damage compensation system is stipulated, and it is determined that if the compensation obligor actively performs the ecological environment damage compensation liability, the relevant administrative agencies will treat it as a lenient or reduced administrative penalty in accordance with the law; the enterprise environmental credit evaluation system is stipulated to encourage trustworthiness and penalties for breach of trust and other means are used to promote enterprises to fulfill their ecological and environmental protection responsibilities; the relevant systems for carbon peak and carbon neutrality are stipulated, and the responsibilities of the provincial people's government in formulating carbon peak and carbon neutrality implementation plans and establishing and improving the promotion mechanism for carbon peak and carbon neutrality work are clarified .

among them, the "bill" also innovatively sets up a green development chapter. green development is a chapter created based on the chapter setting of the "environmental protection law" and drawing on the advanced legislative experience of other provinces and cities. the setting of this chapter is not only an important institutional design to implement the concept of "lucid waters and lush mountains are invaluable assets", but also the implementation of the 20th national congress of the communist party of china regarding "accelerating the green transformation of development methods and promoting green and low-carbon economic and social development." the key measures are the only way to seek healthy and sustainable economic development while protecting the ecological environment.

the paper noted that the green development chapter in the "draft regulations" was changed to green and low-carbon development in the final "regulations", with a total of 13 articles. its core content is that "people's governments at all levels should develop green and low-carbon industries, improve total resource management and comprehensive conservation systems, improve waste recycling systems and green consumption incentive mechanisms, promote the construction of green and low-carbon circular development economic systems, and integrate green the concept of low-carbon development should be integrated into the national economic and social development plans, promote green and low-carbon production and lifestyle, and promote the comprehensive green and low-carbon transformation of economic and social development.”

the "regulations" also stipulate that people's governments at all levels should strengthen the publicity and popularization of ecological and environmental protection, encourage grassroots mass autonomous organizations, social organizations and volunteers to carry out ecological and environmental protection laws and regulations and ecological and environmental protection knowledge publicity, and create an awareness of protecting the ecological environment. good atmosphere. among them, cadre education and training institutions should regard ecological and environmental protection laws and regulations and ecological and environmental protection knowledge as important contents of cadre education and training, and improve the ecological and environmental protection awareness of state workers.

in the supervision and management chapter of the "regulations", it is stipulated that "people's governments at or above the county level shall include the ecological environment status and the completion of ecological environment protection goals in the departments and their responsible persons responsible for the supervision and management of the ecological environment of the people's government at the same level and the people's governments at lower levels and the assessment contents of the person in charge shall be used as an important basis for their assessment and evaluation, and the assessment results shall be disclosed to the public, and a system of life-long accountability for natural resource assets and ecological environment damage shall be implemented.”