Top court issues interpretation to support environmental code
The Supreme People's Court issued a judicial interpretation on Thursday to facilitate the implementation of the newly adopted Ecological and Environmental Code, which is set to take effect on Aug 15.
The 13-article interpretation, the first supporting judicial document for the code, clarifies how courts should handle the transition from previous laws to the new code in ecological and environmental cases.
It specifies that if the legal facts giving rise to an ecological or environmental dispute occurred before the code takes effect, courts should generally apply the laws and policies that were in force at the time. For disputes arising from facts that occur after the code comes into effect, the provisions of the new code should apply.
The SPC said the interpretation is intended to maintain legal stability, protect the reasonable expectations of the parties involved and ensure the code is implemented accurately and effectively in judicial practice.
Since the code was adopted by the National People's Congress, the country's top legislature, in March, the SPC has reviewed a broad range of existing legal documents related to ecological and environmental protection, including 26 judicial interpretations, 35 normative documents and 45 guiding cases.
Yang Linping, vice-president of the SPC, said judicial documents consistent with the new code have been retained, while those that are inconsistent with or cannot be adapted to its provisions have been amended or abolished.
As a result, 15 judicial interpretations remain unchanged, 11 have been amended, one normative document has been abolished, and four guiding cases will no longer be applied in judicial practice, Yang said.
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