On June 29, draft of environmental protection law 2 go over a manuscript or draft to did not submit to standing committee of National People's Congress votes. Have be close to a law to be versed in appoint the personage expresses to media, draft still will continue to discuss.
The first instance last year stalks of grain, be flooded by negative opinion almost. Although the 2 main body that because limit commonweal suit strictly,go over a manuscript or draft, be opened up " retrogression " . But it theres is no lack of window: Responsible, public shares the government etc, it is to add content newly.
This and high level do not have nothing to do to taking seriously of environmental problem increasingly is.
The 18 big reports last year, head carry zoology civilization to build. Xi Jinping's secretary-general emphasizes in different situation, exchange temporarily economic growth anything but with sacrificial environment for cost, also cannot wait simply by the hero again with GDP.
When this conference of standing committee of National People's Congress concludes, zhang Dejiang of chairman of standing committee of countrywide Nationorth face shirtsnal People's Congress asks,
The matter right law that just passes via 8 careful than all previous, the expert thinks, environmental protection law has " the hope that 3 careful cross " . Media coverage, the message says, draft of environmental protection law 2 go over a manuscript or draft to will be made public on the net recently. Normally, the follow-up draft after first instance stalks of grain need not seek an opinion again publicly. New capital signs up for reporter Jin Yu
On June 27, 2 careful draft undertakes environmental protection law discuss in group, the first feeling that many people take draft is " shine at the moment " . Last year content of first instance draft too too gentle, encounter criticism. Environmental protection ministry published 34 opinions infrequently even to this. Have 20 opinions about among them, be written to receive new edition draft.
"Draft has progress than first instance. " official of system of one environmental protection says, 18 put forward zoology civilization to build greatly, now is the best moment that long law heavies repair even.
Keyword public is participated in
"Mist haze is brought " information is public
"Went answering again " : The provision that involves the public to participate in has in first draft of environmental protection ministry reflect, first instance draft its cancel. 2 go over a manuscript or draft to be joined afresh, had richer content
Compare with first instance photograph, new edition draft is the biggest window is, add newly paragraphic: Environmental information is participated in publicly with the public.
"Wanted not to have the courage to think in the past, can say to involve national secret even. Have now rectify one chapter to tell information technically to make public, this progress is too great. " annulus of secretary-general of chamber of commerce of environment of countrywide business association, former National People's Congress endowment appoint vice director Luo Jianhua says.
For instance PM2.5, before 2011, it is a sensitive word. Application of Cengyi's citizen identity makes public somebody PM2.5 data. But be rejected by environmental protection branch. Reason is, data is used for research only.
Environmental protection law, 1979 try out, be born formally 1989. In 24 years of after this, environmental protection job and economic progress are extremely lopsided, otherwise should write a law, become long-term argument topic.
2011, make one's bow writes environmental protection law law plan. Environmental protection ministry submitted the first draft that write a law.
In August 2012, countrywide National People's Congress is fair in shown first instance draft, many clauses disappeared. Involve the content that the public participates in, "If press day plan,punish " , " commonweal lawsuit "free norton internet antivirus etc by cancel. And " information is made public " relevant provision, withheld only.
Draft of first instance of environmental protection law, collect many 10 thousand opinion finally, object and criticized sound to hold great majority. "See less than having how many new idea. "See less than having how many new idea..
Many scholars think, good contend for fetch not easily to repair " environmental protection law " opportunity, "Small long small fill " be equal to waste.
After first instance draft announces 2 months, environmental protection ministry published opinion letter. Be aimed at draft 47 clauses, offer 4 big main opinions and 34 specific proposals.
This year in June, new draft of environmental protection law 2 careful. A few provisions that are deleted before this " came back " , special still joined " the public is participated in " content, become an order alone.
"Estimation mist haze ' gave big help ' . " character of Luo Jianhua laugh. The beginning of the year, 10 come a province population is concentrated the ground, occurrence mist haze, involved the increasethe best selling north face shirts of everybody.
The personage inside course of study is analysed, the 2 progress that go over a manuscript or draft and big environment are concerned. 18 big reports put forward zoology civilization to build first last year. Mist haze lets everybody realise, environmental protection problem becomes the big question that affects the people's livelihood.
Keyword annulus judges stormwatch case
"Can not blow " to " must blow "
"Increase first " : Gross controls a system to enter environmental protection law from individual law, area is restricted to approve a system to enter environmental protection law first
Environmental protection law the another window of 2 careful draft is, brought into gross to control a system. Area is restricted to approve also be brought into draft of environmental protection law.
King of director of institute of law of resource of environment of courtyard of law of Shanghai traffic university sunlights, to gross control and administration are restricted to approve make an explanation: "The country discharges gross to undertake allocation to each province contaminant, give an upper limit. If the place builds new project in great quantities, old contaminative source is controlled again lax, exceeded national limit, environmental protection branch can adopt area to be restricted to approve, old pollution was administered first go up again new project. Old pollution was administered first go up again new project..
"Area is restricted to approve the administrative power that is an executive authority only so, freedom reduces quantity advantageous position. ' annulus judges storm ' can blow also need not blow, branch of local environmental protection is OK oneself decide. " the early days survey that Wang Xi participated in this Cixiufa, "After writing environmental protection law, if environmental protection branch is not done, assume legal responsibility. Assume legal responsibility..
2005, the total bureau of national environmental protection at that time made halt projects of many illegal start working that examine and approve without environmental protection, involve 30 large companies in all. 2007, environmental protection total bureau is used first " area is restricted to approve " , " the industry is restricted to approve " etc " sit repeatedly " castigatory system. These severe administration measure, be called later " annulus judges storm " .
Contaminant discharges gross to control the system of index, put forward by Japan, popular at Europe. Go up century 90 time, chinese water pollution is serious, for " help sb to deal with an emergency " , legislature tries to keep gross control standard of prevention and cure of individual law water pollution.
Participate in legislative Luo Jianhua to recollect, gross control system ever was led by some at that time with " limitative production, block up economy grows " reason is expunged entirely. Try hard through each fortunately, withheld finally come down.
Gross controls a system to there already was mature operation in practice, old pattern is environmental protection ministry is in charge of index.
But the regulation of draft ofharrison hot spring deal first instance of environmental protection law last year, by hair change appoint will make index. Environmental protection ministry returns a proposal to this: According to the history and reality, instead " put forward by environmental protection ministry " .
Final, this year 2 go over a manuscript or draft, the person that control gross the make known to lower levels of index by hair change appoint changed the State Council, balanced the difference between departmental door.
Keyword citizen environment fors the time being
Appeal 30 years still unfulfilment
"Cutout did not answer " : First draft of environmental protection ministry is mentioned " national protection public enjoys favorable environment right " , but draft of first instance, 2 careful all was not involved
2 careful draft, involve the content portion regression of supervisory government. Fowatch case manufacturerr instance, environmental protection brings into economy and social development program, the country establishs the harmonious mechanism that crosses region, execute target system of job responsibility and assessment evaluation system to wait to the official.
"2 careful surmounted sectional difference, the responsibility that emphasizes a government and supervise. " Chang Jiwen of professor of place of law of company division courtyard says. But the expert that is a representing with Wang Xi, hope law of this second environmental protection is revised more can bold, even but the scientific democracy the government is decision-making and alone into the chapter.
Still have a few content, the environmental protection way that refers in environmental protection ministry has appeared in first draft and proposal, but first instance stalks of grain the 2 form that go over a manuscript or draft to do not have them. For instance, "National protection public enjoys favorable environment right " relevant provision.
Cai Shouqiu of 69 years old, it is " public environment fors the time being " exclaim 30 years. Environmental protection law revised the job to start first 1983, he what participate in long law holds to will " citizen environment fors the time being " write environmental protection law.
Final, the law that published 1989 withheld environmental protection obligation only: "All unibrass faucet aerator ts and individual have the obligation that protects an environment. "All units and individual have the obligation that protects an environment..
Up to now, only academia counterpoises not to enter a law to the environment, put in very big difference.
"If do not have very good system construction, environmental authority is written again well also is empty catchword only. " Wang Xi ever put forward pair of environmental authority Leng Sai to take an examination of.
Luo Jianhua operates the level to set out from law: Environmental authority should be in more constitution, is not the establish in environmental protection law.
The one school that teachs Cai Shou Qiuwei to represent with courtyard of Wuhan university law thinks, the environment is kind of communal product, after stipulating the environment fors the time being, the citizen undertakes thought fors the time being " ability know how things stand and feel confident of handling them is angry " . "Resemble mist haze, cause so big harm. After stipulating the environment fors the time being, can be solved through commonweal lawsuit. " Cai Shouqiu says.
Present 2 go over a manuscript or draft, stipulate environmental protection federation can mention only commonweal lawsuit. "If stipulated citizen environment fors the time being, never mention it environmental protection organization, the citizen has authority to have commonweal suit. The citizen has authority to have commonweal suit..
Cai Shouqiu agrees with Wang Xi to wait to answer a government to have the view of the tie about environmental protection law. "Emphasize environmental rights and interests of the citizen, it is the obligation that emphasizes a government actually, the government should protect public rights and interests, this is equal to is a basket of coop of publicwatch cases right force in, restrict power with the right " .
It is reported, the legislature of National People's Congress when 2005 has main leader to put forward to should enter environmental advantageous position the law. Last year, in human environment conference 40 years during, premier Wen Jiabao goes out in the speaking middle finger of the Stockholm, want " the environmental right that guarantees everybody to enjoy equality " .
This draft discusses a course, environmental authority is alluded lesser, can foreknow, the possibility that authority of environment of the citizen inside short time writes environmental protection law is not large.
Current, draft of environmental protection law is only " amendment " . If a law is medium, only a certain number of undertake modification, its are " amend " , if alter bigger, it is " edit " or " revise " .
watch caseAccording to "Southern on the weekend" report, wu Shimin of committee member of vice director of council of nation of countrywide National People's Congress says on standing committee: "Considering the importance of environmental protection, edit and suggesting this law is is not to amend, do overhaul and not be small long. Sex of the look up before this law must have. Sex of the look up before this law must have..
34 carry environmental prfree watch caseotection law
Up to now, environmental protection law experienced legislative, first time to write the 2nd law, long law in all 3 large stage.
Legislative phase (1972-1979)
Go up century 70 time, "Somebody thinks environmental problem is not very severe, after legislation can lean some. The national leader position at that time must make earlier: Environmental law having is better than doing not have. " Zhou Ke of director of institute of law of resource of environment of National People's Congress
Stand with the difference that does not stand
Heibei bosom came to county, Beijing go in for sth in a large scale 1972 county because a lot of peoples appear after the fish of reservoir of edible official office the symptom such as disgusting, vomiting. Findings makes clear, because reservoir upper reaches is polluted by industrial waste water,water quality worsens, "The cap that it revealed problem of our country environment " .
Our country attended the human environment meeting that the Stockholm holds 1972.
1973 conference of environmental protection of first time whole nation, " a certain number of regulations about protect and improving an environment " come on stage.
Environmental protection of the State Council did 1974 stand.
Work of legislation of environmental protection law began 1977.
1979 environmental protection law with " try out " means is passed. World each country has omnibus environment legislation at that time not be particularly much, law of this environmental protemodern dining chairsction has certain lead sex.
Write a law for the first time (1983-1989)
"When writing a law 1989, the debate became much rise. Economic branch is afraid that law fathered to limit economic development, environmental protection branch fears some things are in charge of, opposite condition can be caused play havoc with. " the Ma Xiang of place of law of company division courtyard acute hearing
Yan Yukuan's difference
Environmental protection did cancel 1982, merge into ministry of environmental protection of urban and rural construction.
1983 environmental protection law (try out) first time modification job begins.
The bureau of national environmental protection of directly under of the State Council held water 1988.
Revised 1989 finish, environmental protection law begins to be carried out formally.
Write a law the 2nd times (2008- up to now)
Many experts think, " environmental protection law " need to change greatly. But the viewpoint thinks, change difficulty greatly big, small change can see effect early. "It is to get a project of achievement in one's post constitutionally. " environmental protection ministry former chief engineer, show environmental science to learn vice-president Yang Chaofei
Repair the difference that does not repair
Promote of bureau of national environmental protection was total bureau of national environmental protection 1998.
harrison hot spring weather forecastWhat delegate of National People's Congress began to refer way of modification environmental protection 2002 is second reading.
A kind of sound appears after 2002: Environmental protection law was not necessary to exist again, revise, can solve a problem through perfecting individual law.
Withhold after 2006, revise " environmental protection law " the viewpoint becomes the mainstream. How to repair go up to have very great debate.
Promote of total bureau of national environmental protection was environmental protection ministry 2008. Academia begins to spread out environmental protection law to revise survey to work.
Make one's bow wrote environmental protection law in those days 2011 law plan.
Environmental protection law undertook be deliberatived for the first time 2012.
Environmental protection law was discussed the 2nd times 2013. It is overhaul after all small still long, put in difference up to now.
Direction is right, pace still can have way of expert opinion environmental protection greatly again 2 go over a manuscript or draft
Our country maintains the individual standard that concern many times 30 with annulus at present, give priority to in order to restrain a company, but relative to governmental tie weakness. Environmental protection law serves as a basic law, different to sanction nature of the government. Pass the modification of environmental protection law, those who enhance pair of government action supervise, more those who be helpful for environmental protection career begin. Shanghai hands in old law to learn Yuan Wangxi to talk about the meaning that write a law
Made clear citizen environment authority when environmental protection law, the people just has the power that upholds him right. From 1989 the environmental protection law of edition begins, light tells citizen obligation, do not tell attainder, just cause environmental protection bad. Wu Dafa learns courtyard professor, Cai Shouqiu of 69 years old to think, in law, two concepts lack obligation and right one cannot. Environmental protection law revises direction to should draw close to attainder
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