Top people court reports the typical case that environment of rise from all directions pollutes now.
Case one: Ore of Jin Tong of Zhijinshan of Inc. of group of fund mining industry is great case of environmental contamination accident.
(one) basic details of a case from October 2006 since the portion, mine of Jin Tong of Zhijinshan of Inc. of group of mining industry of violet gold of the accused unit (the following abbreviation " Zhijinshan gold copper mine " ) belongs to copper mine is wet the factory is clear corrupt the leakage problem with billabong culvert serious existence, although took concerned step, but the amplification as scale of production, problem of this culvert leakage is increasingly serious. Zhijinshan gold copper mine was not undertaking in March 2008 the circumstance of survey attestation falls, deregulation do sth without authorization watchs 6 get through of logging and hole of platoon Hong Han. After hall of Fujian Province the best selling watch casesenvironmental protection pointed out a problem clearly in September 2009 and the requirement is rectified and reform thoroughly, still did not cause enough take seriously, rectify and reform measure not to reach the designated position, not complete, hidden trouble still exists. The last ten-day of a month in June 2010, hangzhou county fall amounts to 349.7 millimeter on. On July 3, 2010, plharrison hot spring weather forecastace othe most popular watch casesf Zhijinshan gold copper mine belongs to copper mine wet factory cesspool HDPE prevents ooze film burst to cause the acidity that contain copper to useless waterlogging leaks and flow into 6 observation well, pass get through of factitious do sth without authorization via 6 observation well again the passageway that with the platoon big culvert is linked together enters a Hong Han hole, spill over lowing river is flowed into after water wall is being blocked inside culvert, leak contains 9176 M3 of cupreous acidity liquid waste, cause downstream water to body is polluted and breed the great environment contamination accident that fish dies in great quantities, waterworks of part of Hangzhou county the city zone stops water supply 1 day on.
On July 16, 2010, the cesspool of 3 lash-up change trains that is used at rush to deal with an emergency produces leak again, leak contains 500 M3 of cupreous acidity liquid waste, be opposite again lowing river water quality causes pollution. Cause lowing Jiang He local water area gets copper, zinc, iron, cadmium, lead, arsenic the pollution that wait, cause breed fish death to amount tonorton internet antivirus 3.701 million jins, RMB of value of loss of classics appraisal fish twenty-two million two hundred and six thousandmodern dining chairs yuan; In the meantime, breed the safety of fish for pot, local government sector takes broken net step, fish of free captive animals thirty million eight hundred and forty-four thousand four hundred jins.
(2) city of Longyan of juridical result Fujian Province is new court of intermediate people of city of court decision of first instance of court of collect division people, Longyan 2 careful ruling thinks: Mine of Jin Tong of Zhijinshan of the accused unit disobeys a country to set, did not take effective measures to resolve the environmental protection hidden trouble of existence, then produced dangerous trash leak to lowing river, cause water quality of water area of lowing river river to be polluted, consequence is particularly serious. Chen Jiahong of the accused person (came to held the post of mine of Zhijinshan gold copper mine to grow in December 2009 in September 2006) , Huang Fucai (safety of environmental protection of Zhijinshan gold copper mine manages the head of a department or office) be answer, lin Wenxian of the accused person (Zhijinshan copper mine is wet plant factory manager) , Wang Yong (Zhijinshan copper mine is wet the assistant factory director of environmental protection of factory be assigned personal responsibility for) , Liu Shengyuan (Zhijinshan copper mine is wet director of workshop of factory environmental protection) the direct responsibility personnel that is this accident, all have direct responsibility to this accident, behavior of person of each the accused already all made crime of great environment contamination accident.
modern dining chairsAccordingly, unit of integrated consideration the accused confesses his crime, the clthe most popular selling norton internet antivirusue such as loss of fisherman of active compensation fall victim, sentence Zhijinshan of the accused unit with blame of great environment contamination accident RMB of fine of golden copper mine 30 million yuan; Set term of imprisonment of Lin Wenxian of the accused person 3 years, punish golden RMB 300 thousand yuan; Set term of imprisonment of Wang Yong of the accused person 3 years, punish golden RMB 300 thousand yuan; Set term of imprisonment of source of student of Liu of the accused person 3 years 6 months, punish golden RMB 300 thousand yuan. Chen Jiahong, yellow to the accused person Fu Caixuan requests temporary suspension of the execution of a sentence.
Case 2: Trade of industry of estate of Yunnan settleclear Jiang Jin is finite case of contamination accident of liability company great environment.
(one) basic details of a case came 2005 between 2008, trade of industry of estate of Yunnan settleclear Jiang Jin is finite liability company (the following abbreviation " company of bright and beautiful estate " ) in producing management course, inside the natural cistern that carries waste water of the production that contain arsenic for a long time open drain, dark canal to discharge sunken place of plant area lowest to did not pass the processing that prevent ooze directly, draw-out the liquid waste containing arsenic inside this pool undertakes mine works washing; Prevent dump of gesso of phosphor of trash of the solid that contain arsenic the leakage, storage yard open air that defends measure of prediction of a person's luck in a given year to pile up at was not being adopted outside plant area; The side of inside direct will natural cistern the northeast outside containing arsenic liquid waste to take a platoon to the factory when monsoon fall is big is near Yang Zonghai's phosphor gypsum tailings field lets things drift. Cause the liquid waste that contain arsenic to be mixed through upper runoff permeate enter Yang Zonghai along with groundwater, cause Yang Zonghai to be polluted badly, water quality from kind drop bad kind, the function such as drinkable, aquatic product breed aquatics is lost, ground of source of water of town of prefectural class above takes water to interrupt, state-private belongings suffers the loss of 1 million yuan of above.
(2) court of intermediate people of city of court decision of first instance of court of people of county of settleclear river of province of juridical result Yunnan, Yu Xi 2 careful rulings think: Company of bright and beautiful estate did not build the accused unit establishment of environmental protection of perfect form a complete set, classics for many times administrative punishment still was not rectified and reform, the manufacturing liquid waste that arsenic contains a lot ofin great quantities in causing environment of manufacturing division inside and outside is permeated through underground enter Yang Zonghai along with groundwater and upper runoff, bring about this important and laky be polluted by arsenic, make crime of great environment contamination accident, ought to maintain for " consequence is particularly serious " . Li Dahong of the accused person regards bright and beautiful course of study as the president of the company, the general manager that Li Yaohong of the accused person regards bright and beautiful course of study as the company (the comprehensive job of responsible corporation) , 2 people did not take the step that prevent ooze by normative requirement, the harm that causes Yang Zonghai finally to be polluted by arsenic is sequential, the director staff that ought to commit a crime as the unit assumes corresponding criminal responsibility.
Jin Dadong of the accused person produces ministry minister as company of bright and beautiful estate, specific and responsible safe production, environmental protection and production attemper wait for the job, outside arranging other to smoke a platoon to contain arsenic waste water to plant area, the direct responsibility person that should commit a crime as the unit assumes corresponding criminal responsibility. After case hair, company of bright and beautiful estate and the accused person cooperate relevant section section actively corrupt treat corrupt, can punish lightly to its take into consideration the circumstances. Accordingly, sentence Yunnan of the accused unit with blame of great environment contamination accident trade of industry of estate of settleclear Jiang Jin is finite RMB of liability company fine 16 million yuan; Set term of imprisonment of Li Dahong of the accused person 4 years, punish golden RMB 300 thousand yuan; Set term of imprisonment of Li Yaohong of the accused person 3 years, punish golden RMB 150 thousand yuan; Set term of imprisonment of Jin Dadong of the accused person 3 years, punish golden RMB 150 thousand yuan.
Case 3: The contaminative environment case such as limited company of Chongqing cloud smooth chemical industry.
modern dining chairs() long decency of Chongqing of basic details of a case learns industrial limited company (the following abbreviation " long wind company " ) entrust the accused Chongqing limited company of Yun Guang chemical industry (the following abbreviation " Yun Guang company " ) deal with the dangerous waste material that its produce the generation in the process (. Later, yun Chuan of Jiang of ththe best spring poole accused person (legal representative of Yun Guang company) job of will dangerous waste disposal is handed in by person of company staff the aharrison hot spring dealccused Xia Yong is in charge of. Xia Yong was not examining Zhang Bibin of the accused person to whether have the circumstance of ability of dangerous waste disposal to fall, company of will long wind entrusts the dangerous trash that deal with direct pass on deals with to Zhang Bibin.
Zhang Bibin is mixed with Hu Xuehui of the accused person subsequently the person decision such as Zhou Gang carries dangerous trash toward Sichuan the province promotes article county in all the Huang Shuituo dump of happy town churchyard. On June 12, 2011, zhang Bibin contacts a tank car to lade in long wind company 28 tons of many industrial waste water, preparative carry is gone to promote article county in all the Huang Shuituo dump of happy town churchyard. Hind because of car too big and road is narrow small, cannot sail Huang Shuituo, the person such as Zhou Gang, Hu Xuehui, Zhang Bibin decides the barren slope that is dump of industrial waste water by the side of highway of mouth of big a depression in a mountain range is in temporarily, cause local environment to be polluted badly.
On June 14, 2011, zhang Bibin lades in long wind company trash of danger of semisolid shape of outfit of 3 cars metal pail makes an appointment with more than tons 75, dump revitalizes the barren slope of sulfur iron ore to be in in Huang Shuituo, cause local environment to be polluted badly, right of local dweller healthy with the production of the enterprise exercise generation is endangered and affect. Classics appraisal, huang Shuituo and mouth of big a depression in a mountain range of trash of two point danger deal with cost, spot clears cost, traffic expense it is 918315 yuan.
(2) province of juridical result Sichuan promotes court of article county people to think, actinic of cloud of the accused Chongqing is versed in limited company regards professional chemical danger as waste disposal enterprise, offend a country about chemical danger trash deal with regulation, give industrial mud and industrial waste water the Zhang Bibin of the accused person that does not have aptitude of chemical danger waste disposal deals with, bring about an environment to be polluted badly, make contaminative environment crime. Zhang Bibin of the accused person disobeys a country to set, to trash of land dump danger, cause an environment to be polluted badly,i want modern dining chairs and sequential and serious, make contaminative environment crime.
Zhou Gang of the accused person, Hu Xuehui helps Zhang Bibin of the accused person carry out afore-mentioned behavior, form the accomplice that pollutes environmental blame. A criminal give himself up to the police of Zhang Bibin of the accused person confesses his crime, perhaps can reduce punishment lightly lawfully. Accordingly, condemn fine of limited company of smooth chemical industry of cloud of the accused Chongqing in order to pollute environmental blame respectively 500 thousand yuan; Set term of imprisonment of Xia Yong of the accused person 2 years, punish gold 20 thousand yuan; Zhang Bibin set term of imprisonment a year 6 months, punish gold 20 thousand yuan. Probation of declare of firm to Jiang Yunchuan, week, Hu Xuehui. After the court decision proclaims, average per capita of the accused unit, each the accused did not appeal, counterappeal of Yiwei of procuratorial work mechanism.
Case 4: Mark of introduced from the northern and western nationalities or from abroad article, Ding Yuesheng puts danger on corporeal case.
(one) limited company of new chemical industry of sign of city of salt of basic details of a case (the following abbreviation " company of mark new chemical industry " ) fasten provision of environmental protection section " liquid waste is discharged nothing more than " enterprise. Mark of introduced from the northern and western nationalities or from abroad article of the accused person fastens legal representative of company of mark new chemical industry, ever opened value added tax because of making empty special bill blame by saline city salt division people court sentences a set term of imprisonment 2 years, probation 3 years. Month of the accused population gives birth to company of department mark new chemical industry to produce chief.
Come by November 2007 during Feburary 16, 2009, the liquid waste that mark of introduced from the northern and western nationalities or from abroad article of the accused person, Dingyue lays in the place in knowing perfectly well this company to produce a course to arise contains benzene, phenol kind below the circumstance of toxic substance, will still a large number of liquid waste discharge 5 rivers to side of this company north inside, ren Jiliu pollutes city of saline city district via boa river on the west, water intake of the waterworks that jump over a river, cut off the water supply of drinking water of 20 much dwellers is as long as district of the city that send salt 66 hours 40 minutes, cause RMB of immediate pecuniary loss five million four hundred and thirty-two thousand one hundred yuan.
(2) salt of city of juridical result salt city of court decision of first instance of division people court, salt is intermediate people court 2 careful ruling thinks: Mark of introduced from the northern and western nationalities or from abroad article, Ding Yuesheng knows perfectly well his the liquid waste that the company is producing the place in the process to arise contains harm sex material, direct still or indirect ground is discharged in great quantities to the wadi of its company periphery, the happening of the life that indulge endangers not specific and most person, health and result of state-private belongings safety, make state-private belongings suffers significant loss, form put dangerous material on the blame, and belong to collective crime.
Mark of introduced from the northern and western nationalities or from abroad article has main effect in collective crime, it is prime culprit; Ding Yuesheng has less important effect in collective crime, it is accessary criminal. Department of mark of introduced from the northern and western nationalities or from abroad article commits new crime inside probation test deadline, lawfully ought to cancel probation, give several blames are punished. Accordingly, the cancel probation declare to mark of Hu Wen of the accused person; Mark of introduced from the northern and western nationalities or from abroad article of the accused person makes put dangerous material on the blame, sentence a set term of imprisonment 10 years, the penalty that sentences with place of the blame before its is punished, the decision carries out a set term of imprisonment 11 years; Month of the accused population is unripe make put dangerous material on tthe most popular north face shirtshe blame,
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