The basin of the Yellow River (Huang He), the “mother river of China”, was the birthplace of ancient Chinese civilisation and the centre of Chinese politics, economy and culture for over 3,000 years.
Unfortunately, the river is also known as one of the most polluted rivers in the world, and has been affected by thousands of incidents in the past. According to the Supreme Court’s statistics, the polluting activities regarding the river basin resulted in 908 pollution-related criminal cases in 2019 alone.
Hence the importance of the effective implementation of environmental regulations which are currently in force, in order to better protect this fundamental river and its basin. Indeed, the major update to the Environmental Protection Law of PRC in 2015 was the nation’s first major reform of its environmental policies in more than 2 decades, providing for stricter punishments for polluters, while also allowing non-governmental organisations to file environmental lawsuits against violators in the name of the greater public interest. Moreover, new environmental protections are likely to emerge soon; The National People’s Congress is currently working to revise other major pieces of legislation, including the Law on the Prevention and Treatment of Water Pollution.
During recent years, China has also made efforts to balance economic growth with environmental protection. Under the new Ministry of Ecology and Environment, China has proved her ability to reduce water pollution, through direct enforcement of environmental laws as well as by increasing incentives for companies to cut pollution, increase environmental inspections and shut down or relocate heavy polluting facilities.
As a result, the Supreme People’s Court issued on 1 June, 2020, its “Opinions on Providing Judicial Services and Safeguards for Ecological Conservation and High-quality Development of the Yellow River Basin”, which urged courts in seven provinces and two autonomous regions along the river to fight pollution-related crimes and strengthen case hearings related to local industrial transformation and upgrading. The Opinions further aim to implement the central leadership’s requirements on boosting the basin’s environmental and ecological protection and promoting high-quality development of the local economy.
Among the principles stated, the Supreme Court expressed that tribunals shall adhere to the strictest concept of the rule of law, and in accordance with the law, punish criminal acts such as environmental pollution, illegal mining and destructive exploitation, illegal or indiscriminate felling of trees, illegal fishing of aquatic products, illegal hunting and killing of precious and endangered wild animals, and severely punish offences of dereliction of duty in environmental regulation and those concerning major safety and responsibility accidents causing serious environmental pollution consequences, to secure the ecological barrier of the Yellow River basin.
Moreover, the Supreme Court has highlighted the necessity to strengthen the trial of cases concerning administrative authorities’ failure to perform their duties in investigating and punishing environmental violations, supervise and support them to fulfill their responsibilities for river basin regulation in accordance with the law, and further remarked on the importance of adhering to the principles of liability for damage and full compensation.
The strict enforcement of environmental regulations by judicial authorities, on the impulse of the Guidelines of the Supreme Court, will likely support to contrast pollution issues that have characterised this fundamental area and greatly help to protect the environment.
