on september 18, the general office of the state council issued the notice on cleaning up laws, regulations and normative documents for ecological environment protection (hereinafter referred to as the notice).
the circular pointed out that in july this year, the standing committee of the national people's congress, in its resolution on strengthening the protection of the ecological environment in an all-round way and propelling the fight against pollution in accordance with the law, put forward that we should pay close attention to the comprehensive cleaning up of laws, regulations, judicial interpretations and normative documents concerning the protection of the ecological environment. if it does not meet the requirements of the law, the spirit of the central committee and the requirements of the times, it should be abolished or amended in a timely manner. in order to implement the relevant requirements, the state council has decided to carry out the work of cleaning up the laws, regulations and normative documents of ecological environment protection.
adhere to the principle of "who formulating and who is going to clean up"
the state council has delimited a clear scope for cleaning up: relevant administrative regulations on ecological environment protection, regulations formulated by the people's governments of provinces, autonomous regions, municipalities directly under the central government, cities divided into districts, autonomous prefectures and departments under the state council, and normative documents formulated by local people's governments at or above the county level, their subordinate departments and departments under the state council.
the key point of the clean-up is that it does not conform to xi jinping's thought of ecological civilization, the spirit of documents on ecological environment protection issued by the party central committee and the state council since the 18th national congress of the party, and the laws on ecological environment protection.
the notice clearly stated that the principle of "who formulating and who should clean up" should be adhered to in the clean-up work. regulations, normative documents formulated by the departments of the state council and normative documents formulated by the departments subordinate to the local people's governments at or above the county level shall be cleaned up by the formulating departments; if the departments jointly formulate or involve the responsibilities of multiple departments, the leading departments shall be responsible for organizing and cleaning up; if the formulating departments are revoked or their functions and powers have been adjusted, they shall continue to exercise their functions and powers. the department of authority is responsible for cleaning up. regulations and normative documents formulated by the local people's governments at or above the county level shall be put forward by the implementing departments for the purpose of clearing up their opinions and suggestions and submitted to the people's governments at the same level for decision.
at the same time, the circular requires that all departments of the state council, while carrying out the cleaning-up work, consider that relevant provisions of laws and administrative regulations are not conducive to the protection of the ecological environment, and put forward specific proposals, amendment plans and reasons for the amendment and repeal; and that issues involving relevant laws, local laws and regulations and judicial interpretation be dealt with, and it shall report to the standing committee of the national people's congress on the work of the forensic labour committee; if it involves the reform or repeal of the relevant laws or requires the standing committee of the national people's congress to make relevant decisions, it shall report to the state council for proposing relevant bills in accordance with the law.
the state council stresses that all regions and departments should study and clean up each other on the basis of the spirit of the relevant documents on ecological environment protection issued by the party central committee and the state council, as well as the revision and abolition of the upper law. if the main contents of the rules and normative documents are inconsistent with the relevant ecological environment protection documents of the party central committee and the state council, or with the existing laws and administrative regulations on ecological environment protection, they shall be repealed; some of them are inconsistent with the relevant ecological environment protection documents of the party central committee and the state council, or with the existing ecological environment protection. if the relevant laws and administrative regulations are inconsistent, they should be amended.
deadline for cleaning up
the state council has given a clear time limit for the clean-up work. the people's governments of the provinces, autonomous regions and municipalities directly under the central government and the departments of the state council shall submit the results of the clean-up of the rules and normative documents of their respective regions and departments to the state council by october 15, 2018, and at the same time copy them to the ministry of ecological environment and the ministry of justice. relevant departments of the state council shall submit to the state council, and copy to the ministry of ecology and environment and the ministry of justice, their opinions on the liquidation of laws and administrative regulations, draft amendments and explanations by october 15, 2018. the ministry of ecology and environment and the ministry of justice should compile the above cleanup before the end of october 2018 and submit it to the state council.
in fact, it is not uncommon for local governments to violate the spirit of ecological environmental protection when publishing documents. according to the feedback from the central environmental protection inspector to the local authorities, many places have issued some "land policy" to open the green light for environmental violations. for example, on january 3, 2014, the office of the people's government of hetang district, zhuzhou city, issued the "listing protection system for key enterprises in hetang district" to put forward that the problems found during the inspection should focus on promoting rectification, and in principle, they should not be punished for the first time.
at the end of 2014, the state council issued a request that by the end of june 2015, local people's governments at all levels should comprehensively clean up and abolish the "land policy" which hinders the enforcement of environmental supervision and law.
some experts in the industry told the daily economic news that on the basis of cleaning up the "land policy", the cleanup of laws, regulations and normative documents on the protection of the ecological environment was further carried out, which further standardized and guaranteed the legal status of the protection of the ecological environment, cleared up obstacles to the enforcement of environmental protection law and was more conducive to environmental protection. close the work.
[attachment] full text of the document
general office of the state council on the protection of ecological environment
notice of cleaning up laws, regulations and normative documents
no. 2018 of the state office [87]
the people's governments of all provinces, autonomous regions and municipalities directly under the central government, ministries and commissions under the state council, and institutions directly under the state council:
resolutely fighting pollution prevention and control is the nineteen major decision making made by the party. in june 2018, the cpc central committee and the state council issued the opinions on strengthening the protection of the ecological environment in an all-round way and fighting strong battles against pollution, calling for a sound legal system for the protection of the ecological environment. in july, the fourth session of the standing committee of the thirteenth national people's congress adopted a resolution on strengthening the protection of the ecological environment in an all-round way and pushing forward the battle against pollution in accordance with the law.
