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Shanghai chongming district people’s court released opinions on ensuring the creation of carbon neutrality demonstration zonemodel cases on judicial protection of the ecologyenvironment
[2022-11-15]

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On November 15, 2022, as a move to further implement Xi Jinping Thought on ecological civilization and provide high-quality services to help create the carbon neutrality demonstration zone on the world-class ecological island of Chongming, the Shanghai Chongming District People’s Court (the “Shanghai Chongming Court”) held a press conference to release the Opinions on Providing Judicial Services and Guarantees to Help Create A Carbon Neutrality Demonstration Zone on the World-class Ecological Island of Chongming (hereinafter referred to as the “Opinions”) and the model cases on judicial protection of the ecology and environment for 2022. Shen Xuanmin, member of the Party Leadership Group and vice president of the Shanghai Chongming Court, and Huang Feifei, chief of the Environment and Resources Division, attended the press conference, which was presided over by Zhu Haojie, member of the Party Leadership Group and director of the Political Department of the Shanghai Chongming Court, and gave a rundown. The press conference was the 14th in a series of conferences on how Shanghai courts had provided judicial services and guarantees to ensure the regional high-quality development.

According to the press conference, Chongming, as an important ecological strategic space and carbon sink base in Shanghai, proposed in March 2021 the goal of building Chongming into a world-class ecological island with a carbon neutrality demonstration zone, with particular efforts being made to develop the carbon neutrality island of Chongming, the low carbon island of Changxing, and the zero carbon island of Hengsha.

Centering on providing high-quality services to ensure the creation of a carbon neutrality demonstration zone on the world-class ecological island of Chongming, the Opinions covers five aspects: integration into the big picture of ecological justice, employment of professional forces for trial and enforcement, combination of diverse forces for co-governance, consideration of regional practical needs, and application of international judicial ideas. This is the first opinions ever published by a Shanghai court on providing judicial services and guarantees to help create a carbon neutrality demonstration zone.

The Opinions consists of five sections, with a total of 18 articles. It proposes the need to fully implement the ideas of preventive justice, systematic protection of justice, restorative justice, and international justice, and fully promote the synergistic efficiency of pollution reduction and carbon reduction in Chongming; give full play to the handling of criminal, civil and commercial, and administrative cases over the ecology, and strengthen the enforcement of ecology-related cases, so as to provide judicial guarantees on multiple dimensions to help realize the goals of carbon neutrality and carbon peak; work on new systems and mechanisms, enhance research and judgment of ecology-related cases, develop smart courts, and improve the level of modern judicial services in handling ecology-related cases; and coordinate the efforts of various parties to build a new pattern of co-governance and co-management of pollution reduction and carbon reduction featuring “linkage of judicial and administrative forces, regional cooperation over ecological justice, coordinated governance across the basin, and joint participation of the whole society”.

Six model cases concerning environmental resources were also released at the press conference, including criminal, civil, and administrative types and judicial confirmation of consultation on environmental damages, and involving areas such as environmental pollution prevention and control, biodiversity protection, environmental restoration, and environmental regulation and governance. They reflect the characteristics, expertise, and roles of the people’s courts in handling cases over environmental resources.

 

Opinions of Shanghai Chongming District People’s Court on Providing Judicial Services and Guarantees to Help Create a Carbon Neutrality Demonstration Zone on the World-class Ecological Island of Chongming .pdf

Shanghai Judicial Frontier Forum 2022 - Model Cases Released at the Judicial Seminar on the World-class Ecological Island of Chongming .pdf

 

 

 

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