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China plans to build 2020 in the National Ecological Environment Compensation System | ecological | compensation
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Recently, the CPC Central Committee and State Council issued the "ecological damage compensation system reform plan," and issued a notice requiring all localities and departments to seriously implement the actual.
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Programme notes that from 2015 to 2017,nike free 3.0 v4, select some provinces to carry out ecological damage compensation system reform. From the beginning of 2018,cappelli nike, the national pilot ecological damage compensation system. 2020, and attempt to build a nationwide responsibility clear, smooth way, technical specifications, to ensure effective compensation in place, effective restoration of ecological damage compensation system.
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"Ecological damage compensation system reform plan" reads as follows:
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The State Council attaches great importance to ecological damages work. Third Plenary Session of the party's eighteen clearly causing ecological damage to strictly implement the responsibility system of compensation. For the gradual establishment of ecological damage compensation system, it is the development of this pilot program.
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First,louboutin homme, the general requirements and objectives
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Through pilot gradually clear ecological environment compensation for damages, the main responsibility, claims the body and damages Solutions, etc.,dsquared2 occhiali da sole, to form the corresponding appraisal management and technology systems, funding and operation mechanism,talon louboutin, and explore the establishment of ecological damage repair and compensation system, accelerate promote the construction of ecological civilization.
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2015-2017, select some provinces to carry out ecological damage compensation system reform. From the beginning of 2018, the national pilot ecological damage compensation system. 2020, and attempt to build a nationwide responsibility clear, smooth way, technical specifications, to ensure effective compensation in place, effective restoration of ecological damage compensation system. Determined separately according to the procedure for approval of the pilot provinces.
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Second, the principles of pilot
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According to the law to promote and encourage innovation. In accordance with relevant laws and regulations, based on national conditions and local realities,piumini moncler, from easy to difficult, safe and orderly development of ecological environment damage compensation system reform work. The law not provided specific issue, policy and legislative proposals if necessary.
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Environment has a price, bear responsibility for the damage. Reflect environmental and ecological function value of the resource, prompting the obligation of reparation for the damage to the ecological environment restoration. Ecological damage can not be repaired, the implementation of monetary compensation as an alternative to repair. Obligation of reparation for the damage behavior of the same ecological environment should bear administrative or criminal responsibility, does not affect the ecological environment shall bear liability for damages.
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Active consultations, judicial guarantees. After the Ecological damage occurs, compensation for the right to organize ecological damage survey, appraisal and evaluation work,woolrich parka donna, repair, programming, etc., take the initiative, in consultation with the obligation of reparation. Without consultation or negotiations no agreement, the right to compensation may bring an action in accordance with law.
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Information sharing and public supervision. Implementation of information disclosure, and government departments to promote the sharing of information on ecological damages. Ecological environmental damage survey, appraisal and evaluation work, repair, programming and other matters affecting the public interest should be to the public, and invited experts and interests of citizens, legal persons and other organizations related to participation.
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Third, the scope
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The pilot program alleged ecological damage to the environment, is the result of environmental pollution, ecological damage adversely change the atmosphere, surface water, groundwater, soil and other environmental elements and plants, animals, microorganisms and other biological to Susu and ecosystem composed of these elements decline in function.
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(A) any of the following circumstances, in accordance with the requirements of the pilot scheme shall be prosecuted for ecological damages:
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1. There is a greater and more environmental emergencies;
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2. Key ecological function areas at the national and provincial main functional area planning delineated prohibited zone environmental pollution and ecological destruction events;
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3. The occurrence of other serious ecological impacts of the event.
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(B) The following situations are not applicable to the pilot program:
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1. Involving personal injury, loss of individual and collective property legal claims for compensation for tort liability law and other regulations;
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2. Damages related to the marine environment, the Marine Environment Protection Law and other applicable laws.
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Fourth, the pilot content
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(A) define the scope of compensation. Ecological damages include decontamination costs, environmental restoration costs, losses during ecological rehabilitation services, and permanent loss of function of ecological environment and ecological damage caused by environmental damage survey, appraisal and other reasonable expenses. Pilot place to damages based on the progress of work and need the ecological environment, put forward proposals to refine the scope of compensation. Encourage local pilot to carry out environmental health damages exploratory research and practice.
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(B) determining the obligation of reparation. Violate laws and regulations,hogan rebel saldi, causing ecological damage to the unit or individual shall bear ecological damages. Current civil laws and environmental protection laws and related resources waive or reduce ecological damages shall be executed according to the corresponding regulations. Local pilot may need to expand the ecological damage compensation obligations range, put forward relevant legislative proposals.
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(C) a clear right to compensation. Pilot local provincial governments authorized by the State Council as the administrative area of the ecological environment damages the rights of people, you can specify the relevant departments or agencies responsible for specific tasks ecological damages.
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Pilot local provincial governments should develop ecological damage claims start conditions, appraising agencies selected program, divided jurisdiction, information disclosure and other work rules, clear environmental protection, carry out land and resources, housing and urban construction, water conservancy, agriculture, forestry and other related departments division of responsibilities claims work. Establish ecological damage claims behavior monitoring mechanisms, and compensation for the right person in charge of the relevant department or agency designated, the staff presence abuse of power, dereliction of duty in claims work, favoritism, shall be investigated according to discipline and responsibility; suspected crime shall be transferred to judicial organs.
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Citizens,?Hogan, legal persons and other organizations reporting requirement brought ecological damages, the pilot of local government shall be studied and dealt with and replied.
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(Iv) compensation for consultations. The survey found that ecological damage in need of repair or compensation, the right to compensation according to the ecological damage to the environment appraisal report, the fact of damage and the extent of the repair start time and duration, the specific problems of compensation liability manner and deadlines and the obligation to compensate people consultation, and consider rehabilitation program technical feasibility, cost-effective optimization of the obligation of reparation compensation capacity, third-party management feasibility, etc., to reach a compensation agreement. Consultations no agreement, the right to compensation shall promptly filed a civil action for damages the ecological environment. Compensation for rights holders also may bring an action directly.
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(V) to improve compensation litigation rules. Pilot District Court in accordance with the law, relying on existing resources, environmental resources specified by special courts or tribunals ecological damages in civil cases; pilot stage payable pursuant to the obligation of reparation subjective fault, operating conditions and other factors, to explore the diverse responsibilities bear way.
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Pilot studies met the District Court for a pre-trial evidence ecological damages need to preserve, advance execution, execution and supervision system; according to the pilot, the proposed legislation and judicial interpretation to develop recommendations for ecological damages litigation. Encourage qualified community organizations ecological damages lawsuit according to law.
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(Vi) to strengthen the implementation and monitoring of environmental restoration and ecological damages. The right to compensation for the ecological restoration effect of environmental negotiations or litigation after the assessment of the ecological environment to ensure timely and effective repair. Ecological damages funds usage, ecological restoration environmental effects to the community open to receive public supervision.
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(Vii) specification ecological damage appraisal and evaluation. Local pilot to accelerate the construction of ecological damage appraisal and evaluation of professional bodies, to promote the formation of qualified professional assessment team, formed to assess the ability to quickly. Appraisal and evaluation research to develop management systems and procedures to ensure an independent appraisal carried harm the environment, and make the interface with the judicial process. Provide expert opinion for consultation appraisal institution shall comply with the relevant national requirements; provide expert opinion to litigation appraisal institutions shall comply with the relevant provisions of norms of judicial administrative organs and the like.
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(Viii) improving the ecological environment damages fund management. Consultation or litigation to determine the obligation of reparation, the obligation of reparation should be based on consultation or decision, the organization carry out ecological restoration of environmental damage. Obligation of reparation capacity to undertake the repair work can be entrusted with the ability to repair the social third party repair. Repair funds paid by the obligation of reparation to the community entrusted to third parties. Obligation of reparation to repair or restoration commission, compensation for the right to carry out preliminary ecological damage survey, appraisal, after the repair effect evaluation costs borne by the obligation of reparation.
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Ecological damages caused by the obligation can not be repaired, the compensation fund as a government non-tax revenue,ugg adirondack tall bottes, be turned over to the local treasury,ermenegildo zegna occhiali da sole, into the local budget management. Local pilot judgment based on consultations or requirements, combined with the region's ecological environment to promote alternative repair the damage.
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Fifth, safeguard measures
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(A) strengthen the organization and leadership. Pilot local provincial governments to strengthen the unified leadership, the establishment of ecological damage compensation system reform leading group, developed set of pilot implementation of views, detailed division of labor, responsibility, and at the end of August each year to report on the progress of the pilot work of the State Council. Department of Environmental Protection should work together with relevant departments before the end of 2017 to conduct a comprehensive evaluation of the pilot work, conscientiously sum up the pilot experience, timely formulation and revision of relevant laws and regulations,sac à main longchamp, policy recommendations, the report to the State Council.
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(B) to strengthen operational guidance. Department of Environmental Protection in conjunction with relevant departments guidance on ecological damage survey, appraisal,fedine tiffany, repair, programming, repairing effect after evaluation operations. Supreme People's Court is responsible for directing the trial work on ecological damages. Supreme People's Procuratorate is responsible for directing the relevant ecological damages procuratorial work. Treasury Department guidance related to ecological damage compensation for financial management. National Health and Family Planning Commission, Ministry of Environmental Protection pilot local environmental health issues in their local guide or conduct research.
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(C) accelerating technological system. To establish a unified national ecological damage appraisal and evaluation system of technical standards. Department of Environmental Protection is responsible for the ecological damage to the environment appraisal and evaluation framework of technical standards and technical master; in conjunction with relevant departments issued or revised ecological damage appraisal special technical specification; in conjunction with relevant departments to establish service in ecological damage appraisal data platform. Related departments baseline for determining causation determination, quantify the amount of damages and other damage identification key, key technologies and standards organizations to strengthen research.
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(4) Increased funding and policy support. Pilot requirements to be arranged by the corresponding financial. Development and reform, science and technology,air max, land resources, environmental protection, housing and urban construction, agriculture, forestry and other departments in arranging the soil,louboutin pas cher, groundwater, forest survey and repair and other related projects, pilot local priorities,hogan interactive shop online, to be tilted to provide policy and financial support .
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(5) to encourage public participation. Innovative public participation,parajumpers dam, invited experts and interests of citizens, legal persons and other organizations to participate in relevant consultations to repair or compensate the ecological environment. Public law ecological damage survey, appraisal, compensation, litigation referee instruments and ecological restoration performance reports and other information to protect the public's right to know.
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