Two tall in maintaining an environment to pollute behavior to send 30 people first, poison can chase after punishment dutyIntroduction] " two tall " announce an environment to pollute explanation of criminal case judicatory, maintain an environment to pollute behavior first, achieve cognizance standard to be able to find out punishment duty directly. Henceforth illicit the person that set blowdown of dark well tubal ooze can hold guilt, send 1 person above to weigh an injury to be able to hold contaminative environment blame, poison can chase after punishment duty in 30 people.
The staff member is draw-out example of water of the acid that contain copper. July 2010, zhijinshan gold copper mine produces great environment contamination accident. Graph / CFP
China is in the later period in industrialization and town to change the level of rapid development, developed country 89 years the problem is in an environment that appears stagnorton internet antiviruse by stage China is shown centrally, present clear structure model, compress model, compound model characteristic, the trend with overall and exasperate environment had be notted change at all, pressure still is being increased, contaminant of a few areas is discharged exceed environmental capacity badly, frequency of sudden environment incident is sent. Accordingly, each just must enhance crisis consciousness, hardship consciousness. Ministry of —— environmental protection chief engineer 10 thousand too
Yesterday, procuratorate of top people court, top people holds a press conference jointly, announce " pollute statute of criminal case comfortable use about dealing with an environment the explanation of a certain number of problems " (the following abbreviation " law commentate " ) . Explanation of this one judicatory applies since June 19, 2013. This was 2011 " criminal law amendment (8) " set to criminal law " blame of great environment contamination accident " after perfecting, violate behavior to maintain to environmental pollution first undertake refining. " law commentate " one big characteristic is undertake cognizance to environmental pollution behavior first, want an environment to pollute behavior to reach cognizance level only, can find out punishment duty directly, do not need to pollute the result that create to undertake cognizance according to the environment again.
modern dining chairsFocus 1 blowdown
Illicit set blowdown of dark well tubal ooze to be able to hold guilt
Law commentate illicit set dark canal to perhaps use ooze well, seepage pit, cranny, cave to wait discharge, dump, deal with have the emissive trash, waste material that contains contagion pathogen, toxic substance, can maintain to pollute environmental blame.
According to " criminal law amendment (8) " , will be in 3 years of the following set term of imprisonments or arrest battle, be in gold of only perhaps punishment; Consequence is particularly serious, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
Unscramble Hu Yun of director of lab of top magic art to vacate: This clause is the environment pollutes a blame one of 14 cognizance standards. With the law 2006 commentate photograph comparing, new law commentate maintain from the result become behavior to maintain, each level that maintained an environment to pollute crime in the past has a result, mavancouver to harrison hot springsny standard regulations should have corresponding action only now, can conviction.
Criminal of lab of top magic art is in Zhou Jiahai: Current, a few enterprises for managing cost, often illicit set well of blind shaft, ooze, seepage pit, discharge sewage toward underground, means of this kind of blowdown concealments quite, avoid the superintendency of environmental protection branch to the enterprise. In the meantime, through this kind of means the quantity of illegal blowdown often is compared big, still have the catholicity that comparative, the harm is very great. According to original code, with dark canal blowdown, often cause certain and serious sequential ability to conviction punishment. And basis new law commentate, want an enterprise to discharge the emissive trash, waste material that contains contagion pathogen, toxic substance only, can maintain directly for crime, consider to whether create consequence and blowdown time no longer.
Focus 2 fountainhead
Blowdown of ground of one class fountainhead will be brass faucet aerator chased after punishment duty
Law commentate in drinking water fountainhead area of core of one class groove guard, natural groove guard is discharged, dump, deal with the emissive trash, waste material that contains contagion pathogen, toxicant pledges; Discharge illegally, it is dump, dangerous to deal with trash of 3 tons of above, can maintain to pollute environmental blame.
Unscramble law of environment of university of Chinese politics and law to teach Wang Can to send: Before before long, discovered rubbish is filled near the close cloud reservoir of Beijing bury hole, regard one class fountainhead as the ground, if be polluted, can affect the drinking water of Beijing.
According to the code previously, if investigate duty to this kind of behavior, want to maintained this kind of behavior to cause what consequence.
And according to new law commentate, should maintain only the emissive trash, waste material that contains contagion pathogen, toxic substance was discharged inside groove guard, can maintain this kind of behavior to pollute an environment badly directly, find out punishment duty, do not need to be checked again whether to produce toxic accident, cause personal casualty, also do not need to evaluated state-private belongings to cause how old loss. Maintain behavior from the result, law commentate very can strong to arriving since blowdown enterprise awe action.
Focus 3 harm
Send 1 person above to weigh an injury to be able to hold contaminative environment blame
Law commentate cause 30 people above toxic; Cause 3 people above to spend deformity flesh wound, gently or the organ organizes injury to bring about general function obstacle; Cause one person above serious injury, medium spend deformity or the organ organizes injury to bring about serious function obstacle, can maintain to pollute environmental blame.
Unscramble introduced from the northern and western nationalities or from abroad Yun Teng: The case in view of current environment situation, pollution is very severe, be in certain zone to be able to say is very austere, so this judicatory explanation emphasizes a consideration from severe blow, reduced those who pollute environmental blame to conviction doorsill of measurement of penalty. For instance, according to the judicatory explanation 2006, contaminative environment causes the ability that one person above dies to conviction, it is OK that one person above is hurt again now. Caused 3 people above to die in the past, ability accentuation is punished, should cause one person above to die only now, with respect to OK and aggravating punishment. Will tell from this, arrived since this judicatory explanation " heavy allusion " the function that governs an environment.
Focus 4 superintend
Belongings loss exceeds 300 thousand to chase after duty environmental protection official
Law commentate thharrison hot spring deale national office staff member that has environmental protection to supervise administrative responsibility is serious irresponsible, bring about produce great environment contamination accident, cause state-private belongings loss of 300 thharrison hot spring weather forecastousand yuan of above; Masses of scattered, move of 5000 people above; 30 people above is toxic; Fountainhead of drinking water of Chinese style of collect of above of villages and towns takes water to interrupt 12 hour above to wait for case, be in 3 years of the following set term of imprisonments or arrest battle.
Unscramble Wang Can to send: The condition that at present enterprise illicit sets well of blind shaft, ooze to violate blowdown is very common. This puts the action of neglect one's duty that is in enterprise of indulge of branch of partial place environmental protection among them, more of branch of local environmental protection uses amerce method, is not to use other coercive measures, supervise and urge the enterprise is rectified and reform. Law commentate a physical punishment criterion that provided the national staff member that environmental protection supervises administrative responsibility, will have more powerful supervisory tie effect.
Focus 5 execute the law
Obstruct environment supervises examination general from heavy punishment
Law commentate violate national regulation, discharge, dump perhaps deals with have the emissive trash, waste material that contains contagion pathogen, toxic substance other perhaps and harmful material, pollute an environment badly, have unused, demolish establishment of contaminative prevention and cure to perhaps make pollute establishment of prevention and cure to run state out of order, or obstruct environment supervises the case that check or breaks out environmental incident investigation, ought to take into consideration the circumstances from heavy punishment.
Unscramble Wang Can to send: Generally speaking, according to the relevant law of our country, establishment of the environmental protection when contaminative industry is designing blueprint wants to be designed at the same time, and with company factory building at the same time construction, use at the same time. If the enterprise does not have environmental protection establishment, the government sector won't give examine and approve, reduce the business effect to the environment from fountainhead. However, in reality, a few enterprises for managing cost, do not wish to use these environmental protection installation. For instance, the cost that handles the source of water that has pollution needs every tons 10 multivariate, the enterprise won't be round-the-clock open loop maintains facility. When environmental protection branch will check, the enterprise switchs on the mobile phone welcome, examination staff went, they close machine send off. Law commentate allude to this respect key, restrain what have a lot of to the enterprise effect, but specific look even executive effect and more refined safeguard measure. New capital signs up for reporter Xing Shiwei
"Two tall " explanation of judicatory of case of environmental pollution criminal is clear " toxicant is qualitative " cognizance standard
2 evil flower, destroy formic spirit is surely " toxicant is qualitative "
Procuratorate of courtyard, top people announces top people standard 18 days to pollute criminal case about dealing with an environment applicable law the explanation of a certain number of problems.
" law commentate " right " toxicant is qualitative " limits is made with cognizance standard limit clearly, among them, "Destroy formic spirit " , " 2 evil flower " etc rank among them.
Labour of Sun Jun of spokesman of news of top people court introduces, according to criminal law the 338th sets, violate compasses discharge, dump, deal with have the emissive trash, waste material that contains contagion pathogen, toxic substance other perhaps and harmful material, pollute an environment badly, all make contaminative environment crime.
Sun Jun industry expresses, to ensure law unified and accurate, applicable, " law commentate " the 10th be opposite technically " toxicant is qualitative " limits was made with cognizance standard limit clearly, namely dangerous trash, it is virulent chemical, dangerous to include a key environmental management the chemical of chemical directory and the material that contain afore-mentioned chemical, contain the material of the heavy metal such as lead, mercuric, cadmium, chromium, " about endurance the Stockholm convention of organic contaminant " accessory place arranges matter, be like " destroy formic spirit " , " 2 evil flower " wait to have noxiousness with etc, the material that pollutes an environment possibly is belonged to " toxicant is qualitative " watch case manufacturer. New capital signs up for reporter Xing Shiwei
The enterprise violates blowdown 3 characteristics
It is company of the chemical industry with standard part, minerals, break the law directly arrange harmful matter.
2 it is to change industry business to be treated to reduce partly corrupt cost, wait for the chemical waste liquid that contains poisonous and free modern dining chairsharmful material in great quantities and solid trash, pass illegal middleman, low carry out gives nowhere the company of buy aptitude or individual, again illegal tip.
3 be enterprise of small chemical industry uses well of dark canal, ooze, seepage pit to wait in the part, arrange poisonous and harmful matter illegally.
The near future detects contaminative environment bfree norton internet antivirusig case, 118 people of control suspect
Part of the priority discipline that enrol business is illegal blowdown
New capital signs up for dispatch (reporter Xing Shiwei) the near future, the contaminative environment that countrthe best selling watch casesywide police detected a batch to happen in and other places of Liaoning, Shandong, Hunan, Yunnan is great case, control guilty suspect in all 118 people, among them already public prosecution awaits trial 24 people, already approved arrest 10 people, criminal to detain 48 people.
The Ministry of Public Security expresses, a few enterprises violate blowdown to cause social attention, enterprise of small chemical industry uses well of damodern dining chairsrk canal, ooze, seepage pit to wait in the part, arrange poisonous and harmful matter illegally. In these cases, the enterprise such as the mining of some illegal blowdown, business of department place action or the usury duty that give aid to priority discipline.
Case
1 incident: Zhijinshan gold copper mine is great case of environmental contamination accident
Blowdown river river sends a fish to die 3.7 million jins
Basic details of a case
Since October 2006, the copper mine that place of Zhijinshan gold copper mine belongs to is wet the factory is clear corrupt the leakage problem with billabong culvert serious existence. In March 2008, deregulation do sth without authorization watchs 6 get through of logging and hole of platoon Hong Han.
On July 3, 2010, place of 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 cupreous acidity waste water 9176 stere, cause downstream water to body is polluted and breed the great environment contamination accident that fish dies in great quantities.
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 cupreous acidity waste water 500 stere, 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 to 3.701 million jins, RMB of value of loss of classics appraisal fish twenty-two million two hundred and six thousand yuan.
Juridical result
Sentence Zhijinshan of the accused unit with blame of great environment contamination accident RMB of fine of golden copper mine 30 million yuan.
2 incident: Case of contamination accident of great environment of company of trade of industry of estate of Yunnan settleclear Jiang Jin
The platoon contains loss of belongings of arsenic liquid waste 1 million
Basic details of a case
Came 2005 between 2008, finite liability company is producing trade of industry of estate of Yunnan settleclear Jiang Jin in management process, carry waste water of the production that contain arsenic for a long time open drain, dark canal to discharge plant area lowest to be in depression inside the natural cistern that did not pass the processing that prevent ooze directly, draw-out the liquid waste containing arsenic inside this pool undertakes mine works washing.
Still 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 body of seawater of this world an administrative unit in Xizang to suffer arsenic to pollute, 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 losing of 1 million yuan of above particularly serious consequence.
Juridical result
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.
3 incident: Mark of introduced from the northern and western nationalities or from abroad article, Ding Yuesheng puts danger on corporeal case
Discharge toxic liquid waste cut off the water supply of 200 thousand dweller
Basic details of a case
Branch of environmental protection of department of limited company of new chemical industry of saline city sign sets " 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,
Come by November 2007 on Feburary 16, 2009, the liquid waste that mark of introduced from the northern and western nationalities or from abroad article, 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 pecuniary loss five million four hundred and thirty-two thousand one hundred yuan.
Juridical result
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; Month of the accused population is unripe make put dangerous material on the blame,
No comments:
Post a Comment