2020-03-09 11:04:06作者:admin来源:未知

  Proposed supreme law "Ten strict" severely punish the Yangtze River "waste-water treatment." Proposed supreme law "Ten strict" severely punish the Yangtze River "waste-water treatment" with the most strict system, the most stringent law to protect the Yangtze River ecology; not only pursue the sewage corporate responsibility, but also held executive and the legal representative of the legal liability yesterday, the supreme law issued judicial protection of ecological environment and the work of a typical case Yangtze River economic belt.Asked the Supreme Court co-ordination at all levels of criminal, administrative, civil liability in the form of three kinds, should adhere to the strictest regime, the most stringent law to protect the ecological environment, to crack down on waste-water tributaries of the Yangtze River, straight rows of pollutants crime; not only to pursue the sewage corporate responsibility, but also held senior legal representative and legal liability.Beijing News News recently, the Yangtze River white sturgeon has been declared extinct led to a public concern about the ecological protection of the Yangtze River again.How to provide justice and protection of ecological environment of the Yangtze River economic belt?Yesterday, the Supreme Judicial Protection held ecological situation and the typical case conference Yangtze River Economic Belt, Vice Dean of the Yangtze River will be the new Supreme stressed the urgent need to use the most stringent system, the most stringent law to maintain the ecological environment of the Yangtze River economic belt safety.He proposed system management "ten strict", including the Yangtze River ecological and environmental protection to implement the most stringent environmental protection standards; violations of environmental laws and regulations and strictly implement the main responsibility of enterprises and government regulatory responsibility, the implementation of the Environmental Damages responsibility for lifelong accountability system; environmental pollution, ecological destruction and other acts severely punished.Yangtze River has reached the worst level in recent years, no fish, a huge amount of pollution discharged along the Yangtze River, ecological damage is very serious, high risk environment.According to statistics, the area of pollutant emissions per unit of the Yangtze River is about 2 times the national average, the index of biotic integrity has come to the worst level without fish.January 2 this year, the Yangtze River white sturgeon was declared officially extinct Yangtze River Institute of Chinese Academy of Fishery Sciences Experts.In addition, the baiji, the Yangtze River shad have been functionally extinct.Jiang Bixin said that at present, although environmental laws and regulations continue to improve and perfect, but still keep up with the need to protect the ecological environment of the Yangtze River."Many organizations, corporate entities, units of environmental protection awareness, legal awareness is not strong, the pursuit of high profits, to circumvent the law, in violation of the law is more common, especially waste-water treatment, straight rows of pollutants, not when these phenomena appear."He said that in some places to destroy the ecology, pollution of the environment in exchange for economic development, increase revenues of the traditional concept still not been reversed, selective enforcement have occurred in some places there are problems with varying degrees of local protectionism.The strictest and most rigorous system of rule of law in order to reverse the "law-abiding high cost, low-cost illegal" phenomenon in the field of environmental protection, the river will be a new emphasis on the urgent need to use the most stringent system, the most stringent law to maintain the ecological environment of the Yangtze River economic belt safety.Environmental and Resources Wang Xuguang Supreme Tribunal also stressed the need to severely, severely punish acts of environmental pollution, especially heavy blow waste-water treatment, straight rows of pollutants behavior.New River will specifically explain what is "the most stringent system": top-down vertical reflected on the dynamic management, including "Ten strict"."Prevent", with the most strict system to prevent environmental pollution and ecological vandalism; "strict security" to take the most stringent measures to protect the ecological environment; "strict standard" of the Yangtze River ecological and environmental protection to implement the most stringent the ecological and environmental protection standards; "no" for ecological damage, environmental pollution environmental setting strict ban; "Yan encyclical" a serious attitude and approach notices people, taught people, publicity people, let the whole community know that protecting the environment the importance and relevance of the law.The ecological environment of the whole field, the whole process, especially in key areas, key areas to implement "strict control"; the destruction of the environment or harmful to the ecological environment hinder the conduct of special rectification, to "strict rule".The responsibility to implement level, to be "thorough investigation" for violations of environmental protection laws and regulations of the initiative to perform their duties, according to the law severely punished; "strictly investigate" that violations of environmental laws and regulations and strictly implement the main responsibility of enterprises and government regulatory responsibility, the implementation of ecological damage liability lifelong accountability system.Environmental pollution, destruction of the ecological behavior "severely punished", so that the violator bear the corresponding legal responsibility.How Aspect 1 pursue polluters legal representative and executive liability do severely, severely punished it?Wang Xuguang said that to hold on strict accountability range.December 2016, two high-jointly issued "Interpretations on environmental criminal case law applicable number of issues", which clearly, not only to the conviction and sentencing of defendant pollution of the environment, but also the person directly responsible and other directly responsible personnel punishable by law."On accountability, not only to pursue the unit, did not hold directly responsible, just can not be held responsible, not to pursue Unit."Wang Xuguang representation.The release of typical cases include Anhui Ya Lande company, Lvshou Guo et al 7 environmental pollution case.The company illegal discharge of toxic substances polluting the environment through the underground pipe directly to the Yangtze River.Court of Justice in the case, while legally recognized Ya Lande company units constitute a crime and fined, the unit crime decisive, planning, command and role of the legal representative, deputy general manager and other main person in charge, senior management , workshop director in charge of personnel in charge of arrangements for wastewater treatment of sewage workers, meet the inspection, the commissioner of environmental protection and other responsible persons to create false monitoring data, according to the law are held criminally responsible.Aspect 2 Yangtze River Economic Belt inter-provincial dumping of hazardous wastes shall be punished severely in recent years, when the inter-provincial illegal dumping of solid waste cases have occurred, has become increasingly prominent environmental risks.Industrial sludge mercury, arsenic, chromium and other heavy metals and their compounds, often carcinogenic, teratogenic, mutagenic, having Enrichment difficult to degrade in the environment and, if not disposed of after a formal stacked everywhere, not only seriously damages the ecological environment, are more likely to directly endanger human health and even life safety.The typical cases published the supreme law, including Friends of the accused more than 14 people Yao environmental pollution case.In this case, 14 of them to reap illegal profits, respectively, as a recipient of industrial solid waste, references, transporters, illegal disposal of people, up and down collaborate, combine together to form a chain of interest, the number of people involved, a wide range and large number of the Yangtze River Economic with relevant regional ecological environment and human health caused serious harm, was severely held criminally responsible.In February 2020, "two high school department," jointly issued "on the handling of issues related to the seminar on environmental pollution criminal case" clearly provides for inter-provincial city in the Yangtze River economic belt discharge area, dumping, disposal of radioactive waste, including infection pathogen waste, toxic substances or environmental pollution offenses other harmful substances, shall be punished severely."This system demonstrates adhere to the strictest and most rigorous rule of law, the fight against illegal solid waste management underground industry chain according to the law determination."Said Wang Xuguang.3 Aspect temper justice with mercy all the top grid processing is not conducive to curb crime emphasis on the Yangtze River Economic Belt severely punish cases of environmental pollution at the same time, Jiang will also represent a new pay attention to temper justice with mercy."Punishment can not ignore the policies and strategies."Jiang Bixin said, The Criminal Policy with mercy, mainly refers to all types of criminal punishment should be adept at a wide and strict two means, so that Yan has wide, wide to Ji Yan; wide there Yan, Yan with wide economic, reasonable and suitable means of punishment.The first to do serious justified, serious and well grounded, to reflect the legal justice, justice.And it has to be strict degree."Must be strictly within the law, you can top grid, but not exceptional, not to impose sanctions on citizens and organizations with responsibilities way beyond the law."Jiang noted that the new will, all the top grid processing, is not conducive to curb criminal acts, is not conducive to reducing the total amount of illegal and criminal behavior is not conducive to the prevention of criminal acts.He explained that, if only a slight sewage, the top grid deal with the case, the behavior of people might think that they will gladly hard to row, hard to destroy, there would be no rational restraint behavior."If the distinction between sentencing case, the perpetrator might stop at any time, help stop crime, reduce the amount of crime."Aspect 4 together with three kinds of responsibility can not just hit the penalty is not a penalty or just not playing court Yangtze River Economic Belt at all levels how to promote eco-environmental quality in the Yangtze River Economic Belt continues to improve judicial practice?Supreme stressed the need to co-ordinate criminal, administrative, civil liability three kinds of methods applicable.Wang Xuguang said that the court should apply the three co-ordinate liability, comprehensive use of various legal means to increase efforts to punish polluters and emissions of individual pollutants.Put together with the three kinds of responsibility, not only to fight impunity, or the only penalty is not playing, the three co-ordinate the use of harsh and strict liability to reflect.The Court also established criminal sanctions, civil compensation and ecological restoration liability regime organic link system to achieve punish crimes, repair the ecological environment, the rule of law compensation effect, "a sentence win-win" economic loss.A typical case in this release, Wang Chao, Wang Yiping environmental pollution case, in fact, is Wang Chao, Wang Yiping criminal cases of environmental pollution, and Jinyun County, Zhejiang Province Peoples Procuratorate filed a civil public interest litigation release of water pollution as a case.Wang Xuguang said that while criminal cases, the peoples court for civil cases of public interest litigation filed by prosecutors also be heard together and pass judgment, the defendant clearly due to pollution of the environment behavior be held criminally responsible, it does not affect the law should bear civil liability, reflecting the damage bear responsibility as well as the principle of full compensation to achieve a punishing crimes, protecting the public and maintaining unity.Beijing News reporter Wang Jun

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