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The Ministry of Ecology and Environment (MEE) and 12 other ministries jointly issued the “Opinions on Several Specific Issues Concerning Deepening the Reform of the Ecological Environment Damage Compensation System”
The MEE and 12 other ministries jointly issued the “Opinions on Several Specific Issues Regarding the Deepening Reform of the Ecological Environment Damage Compensation System” on January 13th, 2025, to improve the quality and efficiency of reform, focus on prominent issues in reform, promote advanced experience in local practice, unify the standards for case judgment and optimize case handling procedures. Adhering to the requirements of the “Regulations on the Management of Compensation for Ecological Environment Damage (MEE, 2022)”, we will continue to promote the deepening and implementation of the reform of the ecological environment damage compensation system.
The “Opinion” adheres to a problem-oriented and goal-oriented approach, putting forward specific requirements for the entire case handling process, including case clue screening, initiation, investigation, assessment, consultation, and judicial confirmation. It focuses on three categories of cases: those with minor, simple, and significant impacts, respectively outlining the principles for determination and handling requirements. It also improves the connection with administrative law enforcement and environmental public interest litigation, strengthens funding management, publicity and training, and information reporting, and provides guidance for the routine operation of the reform.
The “Opinion” consists of eighteen articles, mainly covering four aspects of content:
- The first part stipulates the specific departments or institutions responsible for the compensation claim work (Article 1).
- The second part optimizes the case handling procedures and proposes the relevant requirements (Articles 2, 3, 5 to 8, 13, and 14).
- The third part clarifies the determination principles for the three categories of cases (Articles 4, 9, and 10).
- The fourth part includes other contents such as the connection with administrative law enforcement and environmental public interest litigation (Articles 11, 12, and 15 to 18).
After the issuance of the “Opinion,” the MEE will work with relevant ministries to strengthen publicity, interpretation, and technical guidance, enhance cross-sectoral coordination and work connection, provide guidance and support to regions lagging in the implementation of the work, and promote the implementation of the ecological environment damage compensation system reform.
The Opinions alleviate local governments’ workloads by allowing certain situations that do not need to initiate judicial procedures or conduct restoration effectiveness assessment. The Opinions also improve the efficiency of compensation system by several approaches, such as categorizing cases based on severity and applying targeted measures and clarifying situations where negotiations fail to address prolonged and unresolved disputes so that a lawsuit should be promptly filed.