Measures for the Accountability of Party and Government Leaders for Damage to the Ecological Environment

 2018-07-02  46


· Area of Law: Environmental Protection

· Level of Authority: Group Provisions

· Date issued:08-17-2015

· Effective Date:08-09-2015

· Status: Effective

· Issuing Authority: General Office of the Central Committee of the Communist Party of China (General Office, CCCPC) General Office of the State Council

 

Measures for the Accountability of Party and Government Leaders for Damage to the Ecological Environment (for Trial Implementation)
(General Office of the CPC Central Committee and General Office of the State Council, August 17, 2015)
Article 1 For purposes of implementing the spirit of the 18th National Congress of the Communist Party of China (“CPC”) and the Third and Fourth Plenary Sessions of the 18th CPC Central Committee, accelerating the building of the ecological civilization, establishing a sound institutional system of the ecological civilization, and intensifying the functions of the Party and government leaders for the conservation of ecological environment and resources, these Measures are developed in accordance with the relevant regulations of the Party and the state laws and regulations.
Article 2 These Measures shall apply to the leaders of the Party committees and governments at or above the county level as well as the relevant departments and the leaders of the relevant departments of the Central Committee and state organs; and the leaders of the relevant institutions of the aforesaid departments.
Article 3 The local Party committees and governments at various levels shall assume the overall responsibilities for the conservation of the local ecological environment and resources, the major leaders of the Party committees and governments shall assume the primary responsibilities and other relevant leaders shall assume the corresponding responsibilities within the scope of their functions.
The leaders of the relevant departments of the Central Committee and state organs, the relevant departments and institutions of the local Party committees and governments at various levels shall separately assume the corresponding responsibilities according to their functions.
Article 4 The accountability of Party and government leaders for damage to the ecological environment shall follow the principles of law and regulation compliance, objectivity and impartiality, scientific identification, integration of power and responsibility, and life-time accountability.
Article 5 Under any of the following circumstances, the liabilities of the major leader of the corresponding local Party committee or government shall be investigated:
(1) The major leader poorly implements the decision and deployment of the Central Committee on the building of the ecological civilization, causing prominent problems of the local ecological environment and resources or obvious deterioration of the ecological environment during his or her term of office.
(2) The decision the major leader makes is contrary to policies, laws, and regulations relating to the ecological environment and resources.
(3) By violating the positioning of the main functional areas or breaking through the ecological red line of resources and environment and the urban development boundary, the major leader blindly makes decisions regardless of the carrying capacity of the resources and environment, causing serious consequences.
(4) The decision the major leader makes seriously violates the urban and rural planning and the planning for land utilization and conservation of the ecological environment.
(5) The regions and departments shuffle their responsibilities to each other and wrangle in terms of cooperation of conservation of the ecological environment and resources, and the major leader is irresponsible or commits nonfeasance, causing serious consequences.
(6) An incident of serious environmental pollution or ecological damage occurs in the local region within the scope of responsibilities of the major leader, or the major leader poorly disposes of the incident of serious environmental pollution or ecological damage (disaster).
(7) The major leader poorly executes the judgment of a public interest action and the requirement for supervision and rectification of the conservation of resources and environment.
(8) The major leader falls under any other accountability circumstance.
Under any of the aforesaid circumstances, when the liabilities of major leaders of the relevant local Party Committees and governments are investigated, the corresponding liabilities of other relevant leaders and the leaders of the relevant departments shall also be investigated according to the division of responsibilities and the performance of duties.
Article 6 Under any of the following circumstances, the liabilities of the relevant leader of the corresponding local Party committee or government shall be investigated:
(1) The relevant leader instigates or incites the department under his or her charge to approve (confirm), build, or put into operation (use) of the construction project not conforming to the positioning of the main functional areas and policies, laws, and regulations relating to the ecological environment and resources, or does not interfere with respect to the aforesaid circumstance.
(2) The relevant leader neglects his or her supervisory functions, poorly prohibits or even covers up and indulges the violation of policies, laws, and regulations relating to the ecological environment and resources by the department under his or her charge.
(3) The relevant leader fails to properly perform his or her functions, causing the non-closure or non-shutdown of an enterprise or public institution that seriously pollutes the environment or other producer and operator that should be ordered by the government to close or shut down.
(4) The relevant leader fails to effectively organize the investigation of serious environmental pollution and ecological damage incidents.
(5) The relevant leader falls under any other accountability circumstance.
Article 7 Under any of the following circumstances, the liabilities of the leader of the relevant government department shall be investigated:
(1) The provisions developed or the measures taken by the leader are contrary to policies, laws, and regulations relating to the ecological environment and resources.
(2) The leader approves the planning for development and utilization or conducts the approval (confirmation) of projects violating policies, laws, and regulations relating to the ecological environment and resources.
(3) The leader poorly implements policies, laws, and regulations relating to the ecological environment and resources, fails to conduct supervision and inspection on the implementation thereof as required, or performs duties in a perfunctory manner in the supervision and inspection.
(4) The leader fails to investigate any problem of seriously damaging the ecological environment and resources identified or reported by the people as required.
(5) The leader fails to report, make known or publicize information regarding environmental pollution and ecological damage (disaster) incident as required.
(6) The leader fails to transfer clues to a case regarding violation of laws and disciplines relating to the ecological environment and resources that should be transferred to the relevant authority as required.
(7) The leader falls under any other accountability circumstance.
Under any of the aforesaid circumstances, when the liabilities of the leader of the relevant government department are investigated, the corresponding liabilities of the accountable leader of the relevant institution shall also be investigated.
Article 8 Where any Party and government leader commits an act falling under any of the following circumstances, his or her liabilities shall be investigated:
(1) The leader restricts, disturbs, and impedes the law enforcement in the supervision of the ecological environment and resources.
(2) The leader intervenes in judicial activities and participates in the handling of specific judiciary cases regarding the ecological environment and resources.
(3) The leader intervenes and participates in construction projects, causing the approval (confirmation), building, or production and operation (use) of construction projects not confirming to policies, laws, and regulations relating to the ecological environment and resources.
(4) The leader instigates the modification and counterfeit of survey and monitoring data regarding the ecological environment and resources.
(5) The relevant leader falls under any other accountability circumstance.
Article 9 In the selection and appointment of members of the leading group of the local Party committee and government, the Party committee and the organization department shall regard resource consumption, environmental protection, ecological effect, and other information as an important content of examination and evaluation as required, and the accountable leaders causing severe damage to the ecological environment and resources may not be promoted or transferred to important positions.
Article 10 The liabilities of the Party and government leaders for their damage to the ecological environment shall be investigated in such forms as admonishing and ordering a public apology; actions taken by Party committees, including shifting from the position, taking blame and resigning, ordering the resignation, displacement, and demotion; and disciplinary actions taken according to the discipline of the Communist Party and government.
The action taken by the Party committee and the disciplinary action taken according to the discipline of the Communist Party and government may be either separately or simultaneously used.
Where the leader subject to accountability is suspected of committing a crime, he or she shall, in a timely manner, be transferred to the judicial authority for punishment according to the law.
Article 11 Where the department with supervisory responsibilities for the conservation of the ecological environment and resources under the governments at various levels identifies any accountability circumstance as prescribed in these Measures, it shall investigate the problem of damage to the ecological environment and resources according to its functions. When it makes a decision of administrative penalty or other handling decision on the basis of the investigation results according to the law, it shall simultaneously raise proposals for the accountability of the corresponding Party and government leaders and the punishment against them, and according to the administration authorities of leaders, transfer the relevant materials to the disciplinary inspection and supervision organ or the organization (personnel) department in a timely manner. Where it is necessary to investigate the Party or administrative disciplinary action liabilities of the relevant Party and government leader, the disciplinary inspection and supervision organ shall punish such leader in accordance with the relevant provisions; if it is necessary to give admonishment, order a public apology and disciplinary action taken by the Party committee, the organization (personnel) department shall punish such leader in accordance with the relevant provisions.
The departments with supervisory responsibilities for the conservation of the ecological environment and resources, disciplinary inspection and supervision organs, and organization (personnel) departments shall establish a sound communication and collaboration mechanism for the accountability of damage to the ecological environment and resources.
Where, in the process of handling a case regarding damage to the ecological environment and resources, the judicial authority identifies any accountability circumstance as prescribed in these Measures, it shall raise handling proposals to the relevant disciplinary inspection and supervision organ or organization (personnel) department.
The authority and department responsible for making an accountability decision shall, in general, make the accountability decision available to the general public.
Article 12 The mechanism of lifetime accountability for damage to the ecological environment shall be implemented. Where the person in charge violates the requirements for scientific development, causing severe damage to the ecological environment and resources, the liabilities of the person in charge must be strictly investigated, no matter whether he or she has been removed, promoted, or has retired.
Article 13 Where the department with supervisory functions for the conservation of the ecological environment and resources, the disciplinary inspection and supervision organ, or the organization (personnel) department identifies any accountability circumstance as prescribed in these Measures that should be investigated and transferred, but fails to do so, or the liabilities of the relevant person in charge should be investigated, but he or she fails to be subject to accountability, the liabilities of such person in charge of the said department or organ shall be investigated.
Article 14 If any person who is subject to accountability refuses to accept the accountability decision, he or she may appeal in writing to the authority or department making the accountability decision. The authority or department making the accountability shall accept the said appeal and handle it in accordance with the relevant provisions.
The execution of the accountability decision shall not be stopped during the period of appeal.
Article 15 Any Party and government leader who is subject to accountability shall be deprived of the qualification for being elected as the best and various kinds of advanced individuals through public appraisal in the current year.
Any leader who is shifted from the position shall not be promoted in one year at least; any leader who is alone subject to the punishment of taking blame and resignation, ordered resignation or removal shall not be arranged a position in one year at least and shall not assume the position that is higher than his or her original position in two years at least; any leader who is subject to demotion shall not be promoted in two years at least. Where the leader is simultaneously punished under the Party discipline or government discipline and punished by the Party committee, he or she shall be governed by the provisions with the longer term.
Article 16 The accountability of damage to the ecological environment by the Party and government leaders of villages (townships, or subdistricts) shall be governed by the relevant provisions of these Measures.
Article 17 The Party committees and governments of all provinces, autonomous regions, and municipalities directly under the Central Government may develop the detailed implementation rules in accordance with these Measures. The department with supervisory responsibilities for the conservation of the ecological environment and resources under the State Council shall develop specific rules and measures for implementing these Measures.
Article 18 The power to interpret these Measures shall remain with the Organization Department of the CPC Central Committee and the Ministry of Supervision.
Article 19 These Measures shall come into force on August 9, 2015.