Dongjiang Times opened a breakfast house in a shopping mall on the first floor of a residential community in Dongping, an urban area，He was fined 10,000 yuan by the environmental protection department for failing to go through environmental protection approval procedures，The shopkeeper continued to operate despite the fine，Later, the environmental protection department filed the case again and issued an administrative penalty decision ordering the suspension of production。The owner Li was not convinced，The case was administratively reviewed、First instance、Second instance，The Huizhou Intermediate People's Court revoked the administrative penalty in the final instance。Recently，This case was selected as one of the "Top 10 Administrative Trial and State Compensation Cases of 2017" released by the High People's Court of Guangdong Province。 Facts of the case Opened a breakfast restaurant without environmental approval and was fined according to the judgment of the second instance，2015year，Li's daughter-in-law rented a stall in a shopping mall on the first floor of a garden in Dongping, an urban area, to run a breakfast house，The area is about 50 square meters，There is 1 steam stove in the kitchen。 May 27, 2015，The Huicheng District Bureau under the Municipal Environmental Protection Bureau received complaints from the masses and investigated，Making an Administrative Penalty Decision，Due to the existence of the breakfast house, the environmental protection approval procedures have not been completed，The fume prevention and control facilities that need to be built have not been completed、Not accepted，Unauthorized production(business)environmental violations，Order them to cease their illegal acts，and imposed a fine of 10,000 yuan。After paying the fine，The breakfast house continues to operate，and change the business license of the breakfast house，The operator was changed to Li，However, environmental approval procedures have not yet been processed。 After about 10 months，i.e. March 10, 2016，After an on-site investigation、After the hearing and other procedures，Huicheng District Branch of the Municipal Environmental Protection Bureau once again made an "administrative penalty decision"，Li was ordered to stop production。Li was not convinced，Apply to the Municipal People's Government for administrative reconsideration，The decision of the municipality to uphold the original administrative act after a written review。Li was not convinced，Sue to court，Request that the administrative penalty be revoked。 The owner of the shop was not told that he needed to do an environmental impact assessment, and there was no oil smoke exceeding the standard during the operation, Li said，When he set up the breakfast house, he had no idea what he needed to do with an EIA，In the process of obtaining an industrial and commercial business license in accordance with the law，There is no precondition for environmental impact registration by the relevant authorities。 Li said，He was unaware that running a small breakfast shop required an environmental impact registration。Tested by the environmental protection department on the spot，No fumes were found at the breakfast shop he runs、Noise exceeding the standard, etc，There is no environmental pollution。 The environmental protection department should not be put into production and use without environmental protection approval。The Municipal Environmental Protection Bureau said，When the law enforcement officers of the bureau conducted a law enforcement inspection of Li's breakfast house，It was found that the cooking exhaust gas generated by the kitchen was discharged through the smoke pipe to the sewer in front of the store，There is no environmental approval procedures，The environmental protection facilities that need to be built have not been completed、The act of putting into production without acceptance。 meantime，Take into account the cooking exhaust gases generated by the breakfast house、wastewater、noise and other comprehensive factors，Below the six reference burners identified as belonging to the environmentally sensitive area，An environmental impact registration form is required。The breakfast house operated by Li did not go through the relevant environmental protection approval procedures、After the acceptance of environmental protection facilities and in line with the "three simultaneous" system of environmental protection of construction projects，It should not be put into production。 Final Appeal: Revoke the 2016 "Administrative Penalty Decision" The Huicheng District People's Court rejected Li's litigation claim in the first-instance judgment，Li was dissatisfied and appealed。 Is the penalty imposed by the Municipal Environmental Protection Bureau reasonable? The Huizhou Intermediate People's Court held in the second instance，Li's violation of environmental protection after it was put into production，The administrative department of environmental protection may comply with the Law on the Prevention and Control of Noise Pollution、The relevant provisions of the "Air Pollution Prevention and Control Law" and the "Water Pollution Prevention and Control Law" shall be dealt with in accordance with the law，However, it cannot be uniformly characterized as a violation of the "three simultaneities" provisions；It is not reasonable to require Li to complete the construction of environmental protection facilities in accordance with the "three simultaneities" stipulated in the "Regulations on the Administration of Environmental Protection of Construction Projects".。 The second instance held that，In 2015, Mr. Li leased a garden shopping mall in Dongping to operate a breakfast house，Before that，The main project of the business premises, a garden shopping mall in Dongping, was completed in December 2006，That is to say, it is objectively impossible for Li to build environmental protection facilities that need to be built according to the requirements of the "three simultaneities".，Designed at the same time as the main project、Construction at the same time、Put into production at the same time"，It is also impossible to carry out the completion acceptance at the same time as the main project。When Li leased the building to open a breakfast house, the building had already been completed and accepted，The Municipal Environmental Protection Bureau punished him for failing to "three simultaneities".，Unreasonable。 The Huizhou Intermediate People's Court rendered its final judgment in accordance with the law in March last year，The "Administrative Penalty Decision" made by the Huicheng District Branch of the Municipal Environmental Protection Bureau on March 10, 2016 was revoked。 Recently，The Eastern Times reporter was informed，Li has passed the hearing organized by the local market supervision department this year，The expired industrial and commercial license was replaced in accordance with the law，and continues to operate a breakfast house in the shopping mall on the first floor of the community。 Typical significance: It not only promotes administration according to law, but also protects the rights and interests of the masses，The case adjudicated by the Huizhou Intermediate People's Court was selected as one of the "Top 10 Administrative Trial and State Compensation Cases in 2017" by the High People's Court of Guangdong Province。 "Legality should be the main premise for administrative organs to take specific administrative acts，At the same time, it takes into account the reasonableness。The Provincial High Court made an evaluation：The business project in this case is not a construction project that is the subject of environmental impact assessment，In fact, the operator is unable to complete the construction of environmental protection facilities in accordance with the "three simultaneous" requirements of the environmental impact assessment，It is unreasonable for an administrative authority to impose a penalty on the operator for failing to conduct an environmental impact assessment，It is also illegal。 On the one hand, the judgment in this case has a supervisory role in the enforcement of the administrative organs，It is conducive to promoting the administration of administrative organs according to law，On the other hand, it has also effectively protected the legitimate rights and interests of the people。 This group of texts: "Dongjiang Times" reporter Jiang Yonglong, correspondent Lu Siying, Zhou Zefeng
