《2014年中国人权事业的进展》白皮书
White Paper: Progress in China's Human Rights in 2014

 
Comment(s)打印 E-mail China.org.cn 2015-06-08
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八、环境权利VIII. Right to a Clean and Healthy Environment
2014年,中国政府以治理环境突出问题为重点,努力保障广大人民群众的环境权利,积极探索中国特色生态文明建设道路。In 2014 the Chinese government gave the country's major environmental problems high priority, making considerable efforts to safeguard the people's right to a clean and healthy environment, and further exploring a new way to make ecological progress with Chinese characteristics.
环境生态保护制度体系进一步完善。2014年,国家对环境保护法进行了全面修订,强化了政府和企业的环保责任,明确了公民的环境权利和环保义务,规定了查封扣押、重点污染物排放总量控制、按日计罚、限产停产、移送拘留、环境公益诉讼、区域联防联控、公众参与等多项新制度。《突发环境事件调查处理办法》、《企业事业单位环境信息公开办法》、《环境保护主管部门实施限制生产、停产整治办法》、《环境保护主管部门实施按日连续处罚办法》、《环境保护主管部门实施查封、扣押办法》等配套规范性文件相继制定颁布,进一步完善了建设生态文明国家的法律制度体系。The legal system for protecting the environment and eco-systems was further improved. In 2014 China made a comprehensive amendment to the Environmental Protection Law, by which governments at all levels and all enterprises are required to shoulder more responsibilities, the citizens' right to a clean and healthy environment and their duties regarding the protection of the environment are clearly defined, and a series of new mechanisms concerning closing down or distraining facilities (causing environmental pollution), total quantity control of major pollutant emissions, fines accumulating by the day, production restriction and halts, detention, environmental public interests litigation, regional joint defense against and control of pollution, and public participation are included. Specific normative regulations were also drawn up and issued to support the newly amended law, including the Rules on Investigating and Handling Emergent Environmental Incidents, Rules on Environment Information Disclosure of Enterprises and Public Institutions, Rules for Environmental Administrations in Limiting or Halting Pollution-causing Production, Rules for Environmental Administrations in Levying Fines Accumulating by the Day and Rules for Environmental Administrations in Closing Down or Distraining Pollution-causing Facilities and Equipment. These have all greatly reinforced China's legal system in the ecological and environmental field.
绿色生态建设取得新进展。2014年,全国造林602.7万公顷,重点生态修复工程完成造林199.9万公顷,城市建成区绿化覆盖面积增加9.6万公顷,沙化土地治理126.5万公顷,新启动封禁保护区试点县23个,国家沙漠公园试点32个,新建自然保护区11处,面积14万公顷,新增湿地保护面积50多万公顷。截至2014年底,全国自然保护区达到2729个,其中国家级自然保护区428个。2014年,全国各类草原违法案件立案1.78万起,结案1.74万起,结案率97.6%;清理排查非法侵占林地案件4.9万起,收回违法违规侵占林地3517.3公顷;森林和野生动物刑事案件立案3.1万起,破案2.5万起,比2013年上升14.1%,首次公开销毁执法查没象牙及制品6.1吨。西藏国家生态安全屏障保护与建设完成投资57亿元。New progress achieved in ecological construction. In 2014 some 6.027 million ha of trees were planted all around China, among which 1.999 million ha was in the key ecological-rehabilitation projects. In addition, 96,000 ha of urban built-up areas were greened. The state improved 1.265 million ha of desertified lands, newly designated 23 counties as pilot areas for forest conservation, set up 32 national pilot desert parks, built 11 new nature reserves totaling 140,000 ha, and increased the areas of conserved wetlands by more than 500,000 ha. By the end of 2014 there were 2,729 nature reserves in China, including 428 national ones. In the same year, 17,800 cases concerning grassland damage were placed on file across the country, and 17,400 cases, or 97.6 percent, were closed; 49,000 cases of illegal encroachment on forest lands were investigated and settled, with 3,517.3 ha of forests illegally encroached upon being rehabilitated; 31,000 cases concerning forest and wildlife crimes were recorded by public security organs, among which 25,000 were solved, an increase of 14.1 percent over 2013; and 6.1 tons of illegal ivory and ivory products were destroyed publicly for the first time. In the meantime, China provided a total of 5.7 billion yuan in a project for building and protecting a national ecological security barrier in Tibet.
节能减排成效显著。大力调整产业结构,完成了钢铁、水泥等15个重点行业淘汰落后产能年度任务,超额完成了淘汰黄标车和老旧车指标。逐步推进大气环境保护目标责任制和考核评价制度。广东、西藏等地建立了可操作、具体化的环境污染防治目标责任考核办法。环境保护部对未履行环境保护职责或履行职责不到位的地方政府及相关部门负责人,依法进行告诫谈话,并督促整改到位。河南安阳、湖南衡阳、贵州六盘水、山东临沂、河北承德等地级市的“一把手”被环境保护部公开约谈。2014年,全国化学需氧量、氨氮、二氧化硫、氮氧化物排放继续下降,尤其是氮氧化物排放量下降6.7%,为历史上年度最大降幅。全年煤炭消费量下降2.9%,水电、风电、核电、天然气等清洁能源消费量占能源消费总量的16.9%,万元国内生产总值能耗下降4.8%,万元工业增加值用水量下降5.6%。年末城市污水处理厂日处理能力达到12896万立方米,比上年末增长3.5%,城市污水处理率达到90.2%。Remarkable results in energy conservation and emission reduction. In 2014 China made an enormous adjustment to its industrial structure, accomplishing the year's goal of abolishing outdated production capacities in 15 key industries like steel and cement, and overfulfiling the targets for scrapping yellow-labeled and outdated vehicles whose emissions were above the national standards. A goal-oriented responsibility and assessment system for air protection was gradually put in place, with the Tibet Autonomous Region, and Guangdong and some other provinces having drawn up feasible and specific measures. The Ministry of Environmental Protection gave warnings in line with the law to heads of local governments and departments that had failed to fulfill their environmental protection duties or hadn't performed them well, including the mayors of Anyang in Henan Province, Hengyang in Hunan Province, Liupanshui in Guizhou Province, Linyi in Shandong Province and Chengde in Hebei Province, and supervised their improvements. In 2014 the chemical oxygen demand, and the discharges of ammonia nitrogen, sulfur dioxide and nitrogen oxide continued to decrease, nitrogen oxide seeing the largest annual cut of 6.7 percent. The overall consumption of coal was reduced by 2.9 percent, and clean energy sources such as hydroelectricity, wind energy, nuclear energy and natural gas, rose to 16.9 percent of all energy consumption in China during the year. In China energy used to produce 10,000 yuan of GDP declined by 4.8 percent and the amount of water used to produce 10,000 yuan added value of industry decreased by 5.6 percent. The daily treatment capacity of urban sewage plants had reached 128.96 million cubic meters by the end of the year, an increase of 3.5 percent over that by the end of the previous year, and 90.2 percent of urban sewage was treated.
对环境违法行为的惩戒力度加大。各级环保部门严格执行环境保护法,全年共出动环境执法人员216万余人次,检查企业84万家次,立案12531件,结案8373件,对1600余起案件进行了挂牌督办。积极探索跨区域、跨流域联合防治协调机制,逐步建立京津冀、长三角、珠三角等跨区域空气、水质质量联动规划、监测、预报和防治机制,完善信息共享机制。各级环保部门和公安机关逐步建立联动执法联席会议、常设联络员、重大案件会商督办“三项制度”和案件移送、联合调查、信息共享和奖惩“四项机制”。创新手段开展无人机环保执法检查,全年共飞行11架次,总航程超过2000公里,覆盖面积达1000多平方公里。Punishments for activities violating environmental laws were intensified. Environmental administrations at all levels strictly executed laws concerning environmental protection, sending 2.16 million enforcement officers to inspect 840,000 enterprises, putting 12,531 cases on file and settling 8,373 of them, and particular supervision was given over the handling of 1,600 major cases. China actively explored a trans-regional and trans-river joint prevention and coordination mechanism, gradually established trans-regional joint planning, monitoring, forecasting, prevention and control systems for air and water quality in the Beijing-Tianjin-Hebei, Yangtze River Delta and Pearl River Delta areas, and improved the relevant information-sharing mechanism. Environmental departments at all levels coordinated closely with public security organs, setting up the three systems of "joint enforcement conference," "permanent liaison officers," and "consultation on and joint supervision of major cases," and the four mechanisms of "transferring cases," "joint investigation," "sharing information," and "rewarding and punishing." China introduced unmanned planes for inspecting pollution, and during the year 11 flights were made, flying more than 2,000 km and covering an area of 1,000 sq km.
环境权的司法保障进一步加强。最高人民法院设立专门的环境资源审判庭,实行环境司法专门化,对环境公益诉讼制度从管辖制度、审判程序、责任方式、赔偿范围和诉讼成本负担机制作出了操作性的规定,充分保障法律规定的机关和有关组织的环境民事公益诉权。2014年12月,最高人民法院通报了佛山市三英精细材料有限公司诉佛山市顺德区人民政府环保行政处罚案等十大环境保护行政案件。2014年因环境污染犯罪而被移送公安机关的案例数量超过了以往十年的总和。The legal guarantee of the right to a clean environment was further strengthened. The Supreme People's Court established a special tribunal to hear cases related to the environment and natural resources, and stipulated a practical environmental public interest litigation system covering jurisdiction, judicial procedure, liability, compensation scope and lawsuit costs, so as to fully safeguard the right of public interest litigation of the institutions and related civil organizations as stipulated by the law. In December 2014 the Supreme People's Court announced ten typical administrative cases concerning environmental protection, including the Jincheng (Foshan) Scien Fine Materials Co., Ltd' s lawsuit against an administrative penalty meted out by the Shunde District People's Government of Foshan City, Guangdong Province for the company's alleged environmental offence. The number of cases involving environmental offences that was transferred to public security organs in 2014 exceeded the total of the previous ten years.
公民参与环境事务管理的渠道进一步拓宽。修改后的环境保护法规定,环保部门应当公开环境信息,完善程序,为公众参与和监督环境保护提供便利;凡依法在设区的市级以上人民政府民政部门登记的,专门从事环境保护公益活动连续五年以上且无违法记录的社会组织,都能向人民法院提起公益诉讼;对符合条件的社会组织提起的诉讼,人民法院应当受理。各级政府机关还积极探索通过网络平台、问卷调查、听证会、座谈评议多种渠道吸纳民众意见。自2014年1月1日起,全国城市空气质量实时发布平台每天向社会实时发布约15万个空气质量数据和信息。环境保护部“12369”环保举报热线受理群众举报。截至2014年底,共受理公众举报1463件,目前已全部办结,按期办结率达100%。环境保护部印发《关于进一步做好突发环境事件信息公开工作的通知》,要求每月在《中国环境报》、环境保护部网站公开被举报企业名称、存在问题和处理情况。截至2014年底,已公开1479件举报件(含2013年受理、2014年办结的举报件)的办理情况和33件典型案例。The channels for citizens to participate in the management of environment-related affairs were further broadened. The amended Environmental Protection Law stipulates that: The environmental departments should disclose information about the environment and improve their procedures, so as to facilitate the public's participation in and supervision of environmental protection; the environmental NGOs which have registered with the civil affairs authorities at municipalities which contain districts or above, which are engaged in environmental protection for the public interest and have no law violation records for five consecutive years are eligible to file environmental public interest lawsuits to the people's courts, and the latter should accept and hear all lawsuits filed by eligible NGOs. Governments at all levels also actively explored ways of soliciting public opinions through online platforms, questionnaire surveys, hearings and reviewing panels. Since January 1, 2014 the national air quality real-time announcement website has released 150,000 pieces of information on the air quality in cities. The Ministry of Environmental Protection listened to and dealt with the public's complaints on environmental offences through the "12369" hotline. By the end of 2014 the hotline had handled 1,463 complaints from the public, and settled all of them on time. The ministry issued the Notice on Better Disclosure of Information Related to Emergent Environmental Incidents, requiring related departments to publish the names of reported offending enterprises, their problems and the handling of their problems in the China Environment News and the website of the ministry every month. By the end of 2014, the handling of 1,479 complaints (including those received in 2013 but settled in 2014) and 33 typical cases had been made known to the public.
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