Portrait of Formalism and Bureaucracy (2) Why do you turn a blind eye to hundreds of inspections in three months? source：The website of the Central Commission for Discipline Inspection and the State Supervision Commission and the China Discipline Inspection and Supervision Daily are in contact with the masses、In terms of serving the public，Emphasis should be placed on rectifying the formalism that has been strongly resented by the masses, especially among the masses、Bureaucracy is a prominent problem。Like what，Ignoring the interests and sufferings of the masses，Indifferent to the problems that the masses have strongly resented、Negative coping，Passing the buck to the reasonable demands of the masses、Cold-hard sideways，The attitude towards the masses is simple and rude、Around。 ——Excerpt from the "On Implementing the Spirit of General Secretary Xi Jinping's Important Instructions and Concentrated Rectification of Formalism" issued by the General Office of the Central Commission for Discipline Inspection、Opinions on the work of bureaucracy" "The work of so many leading cadres has gone through the motions，Check it out! "Recently，The Qianfeng District Commission for Discipline Inspection and Supervision of Guang'an City, Sichuan Province reported on the accountability of six party members and leading cadres for dereliction of duty and responsibility in the closure of Anqi Paper Mill in Kwuntang Town，This is a typical case of formalism and bureaucracy，It has aroused strong repercussions in the local area。 September 2016，A letter reflecting the illegal discharge of sewage into the Luxi River by Anqi Paper Mill in Kwuntang Town, Qianfeng District, Guang'an City, Sichuan Province，Report letter that seriously affects the production and life of villagers along the river，It was sent directly to the then Ministry of Environmental Protection。Given the gravity of the matter，The relevant departments set up an inspection team，Carry out special supervision on the illegal discharge of sewage from Angel Paper Mill。After investigation，The sewage treatment equipment of Anqi Paper Mill in Qianfeng District is aging，Waste pulp is discharged directly into the Luxi River，Causing serious pollution of river water。 After receiving the questions assigned by the superiors，September 23 of that year，The leaders of the Qianfeng District Party Committee gave instructions twice at the Standing Committee to request timely disposal，The district government also immediately took the lead in formulating a work plan for the closure of Angel Paper Mill in accordance with the law，The district economic and information bureau is required to be responsible for stopping the supply of water for the production of the enterprise、Electricity；The District Environmental Protection Bureau is responsible for collecting and paying sewage charges，Penalties shall be imposed strictly in accordance with the law for illegal acts of enterprises，Supervise and urge the implementation of enterprise closure in place。Kwun Tong Town is responsible for implementing a special person to supervise the closure of the enterprise in real time in accordance with the law。 But，After the decree reaches the relevant responsible units，The implementation has been greatly reduced。 September 27th，Wu Xudong, deputy director in charge of the District Economic and Information Bureau, found that part of the company's electricity consumption was with the electricity consumption of more than 70 villagers，The grid must be retrofitted from house to house to completely cut off power。It's troublesome，Wu Xudong was lucky，The company was not strictly urged to implement power cut-off measures，I didn't bother with the water cut-off work，Later, no follow-up was made to the matter。 October 30th，Huang Shiyong, director of the district environmental protection bureau, believes that Angel Paper Mill has been closed，No on-site verification was made。11May 15th，The district environmental protection bureau before reporting the situation，Deng Huasheng, captain of the District Environmental Supervision and Law Enforcement Brigade, was arranged to go to the scene to verify the implementation of the closure of the enterprise。Deng Huasheng saw that the Anqi Paper Mill was closed，A few photos of the closed doors were taken outside the factory as evidence of the suspension of production。 The Party Committee of Kwun Tong Town held a special meeting and clearly requested Xin Dafei, deputy mayor in charge, to take the lead，Lei Bo, director of the town's safety production office, is specifically responsible for the real-time supervision of the enterprise，The Town Security Office conducts inspections twice a month，And arrange for the village cadres of Donkey Yan Village and Jingdong Village, where Anqi Paper Mill is located, to be responsible for daily supervision。But，Xin Dafei、Lei Bo and others did not enter the factory for inspection when they saw that the gate of the factory was closed during many inspections，In fact, the company has been secretly producing using earthen stoves。 Although the village cadres of Donkeyan Village and Jingdong Village have drawn up work plans，It is stipulated that village cadres are on duty every day，But on weekdays, I falsify my sign-in on the sign-in sheet，I didn't go to the field to see it。And，At the beginning of November，Du Changlin, secretary of the party branch of Jingdong Village, listened to the masses and told him about the resumption of production of Anqi Paper Factory，But Du Changlin thought to himself that he was just a village cadre，I can't control the boss of the enterprise，He turned a blind eye and didn't bother to ask about it，It was also not reported to the town leaders。 That's it，It's December 23, 2016，When the law enforcement team of the Sichuan Provincial Environmental Protection Department went to Anqi Paper Mill again for inspection，A paper mill that was supposed to be legally closed at the end of September was discovered，There is still an assembly line that is producing illegally。 From September 23 to December 23，3months in the span of months，From the district department to the town、And then to the village，There are more than 10 leading cadres at all levels，More than 100 inspections up and down，No "clues" of illegal production were found，The problems that the masses along the river strongly resented were not resolved，District Committee、The district government's decision-making and deployment have not been implemented at all。 "This is typical formalism and bureaucracy!" April 2017，The Qianfeng District Commission for Discipline Inspection received clues about the problem，An investigation team was immediately established，Conducted an investigation into the legal closure of Angel Paper Mill and initiated an accountability process，Wu Xudong, deputy director of the District Economic and Information Bureau, was given an administrative warning、Lei Bo, director of the Work Safety Office of Kwun Tong Town, was given an administrative warning、Du Changlin, secretary of the party branch of Jingdong Village, Kwuntang Town, and Cai Daiying, secretary of the party branch of Donkey Yan Village, were warned and punished within the party。Shen Huayun, director of the District Economic and Information Bureau、Kwun Tong Town Mayor Deng Hong、Xin Dafei, deputy mayor of Kwun Tong Township, was admonished to talk。(Lin Sen, Commission for Discipline Inspection and Supervision of Qianfeng District, Guang'an City, Sichuan Province.) || The website of the Central Commission for Discipline Inspection and the State Supervision Commission Wang Xiaoning || Cartography Wang Chan) ●Comment Why can't I find a problem after hundreds of inspections? It's troublesome、Too much involvement is directly put on the back burner，Or take out your mobile phone and take a picture to deal with it，Or when he sees that the iron door is closed, he "turns the horse back"，Or perfunctory daily inspections with just a sign-in sheet。This incident reflects the current disregard for the interests and sufferings of the masses by some grassroots party members and cadres，When encountering problems, avoid the important and trivialize、Poor regulation as a "scarecrow"、Problems such as going around when encountering contradictions。 Only to knock the board down，The problems of formalism and bureaucracy are found together、Accountability together，Discover a batch、Hold a group accountable，In order to effectively break through the "middle obstruction" of the implementation of responsibilities at all levels，Completely activate the "nerve endings" of party members and cadres to start a business。 ——Member of the Standing Committee of the Qianfeng District Committee of Guang'an City, Sichuan Province、Secretary of the District Commission for Discipline Inspection、Zhu Songlin, director of the District Supervision Committee ...

Environmental protection strikes hard，霹雳手段治污！如皋一热镀锌作坊被罚1500000元 　　近年来，Rugao City thoroughly implements the central government、Provincial Environmental Protection Inspector Requirements，Solidly carry out the battle of pollution prevention and control，Earnestly grasp the "five industries" of chemical printing and dyeing and the "scattered pollution" rectification work，Accelerate the adjustment of industrial structure and industrial upgrading。 "Scattered and polluted" enterprises are scattered due to their distribution、Poor workmanship、Heavy pollution、Concealment depth and other features，It is mainly distributed in the urban-rural interface、Environmentally complex areas such as administrative boundaries and areas with weak supervision such as rural areas，The environmental impact is significant。Take the illegal hot-plating workshop as an example，Due to the legal and compliant treatment of production wastewater and continuous discharge standards，There is a high cost，In order to strive for greater profit margins，Some hot-dip workshops do not build environmental protection facilities、No relevant pollution control measures will be taken，Direct discharge of production wastewater without any treatment，Serious pollution of the environment，It brings harm to the production and life of the surrounding residents。 The following is a typical case of a "scattered and polluted" hot-dip galvanizing workshop in this city and committing a crime against the wind、Xie Moumou was once convicted of violating the "three simultaneous" system of environmental protection，Engaged in the production of hot-dip galvanizing processing projects without environmental protection completion acceptance, and was ordered to stop the production of hot-dip galvanizing projects by the Rugao Environmental Protection Bureau，A fine of RMB 40,000 was imposed。After refusal to execute，It was forced to stop production by the Rugao Municipal People's Court in December 2017。 December 19, 2017，According to the clues provided by the masses，Cao's hot-dip galvanizing workshop operated at his home in Chengbei Street, Rugao City, resumed production without authorization，The wastewater generated by the second cooling process in the production process is not treated by pollution prevention facilities，The wastewater is discharged into the pit well through an underground pipe，It is then discharged into the western river through underground pipes。The inspectors of the Rugao Municipal Environmental Protection Bureau immediately went to the scene to investigate together with the personnel of the Public Security Brigade of the Rugao Municipal Public Security Bureau。 After investigation，The total zinc concentration in the wastewater from the second cooling process of the hot-dip galvanizing workshop was 2.18mg/L，0.45 times exceeded；The total zinc concentration in the wastewater accumulated in the pit well was 295 mg/L，195.7 times more than the standard。The workshop is in the production process of hot-dip galvanizing processing，Spent acid will be produced、The acid residue is dumped directly into the west river while it rains。It has been identified by Nanjing University Environmental Planning and Design Institute Co., Ltd：The cooling water emitted by the hot-dip galvanizing workshop is a toxic substance，In addition, the act of discharging excess cooling water into the river through underground pipes is a discharge of toxic substances from hidden pipes；The act of direct dumping of pickling waste is classified as direct dumping of hazardous waste。 According to the Supreme People's Court、The provisions of Article 1, Paragraph 4 and Article 1, Paragraph 5 of the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Environmental Pollution，Cao、Xie Moumou has been suspected of the crime of seriously polluting the environment，In accordance with the provisions of Article 22 of the Administrative Punishment Law of the People's Republic of China，The Rugao Municipal Environmental Protection Bureau then transferred the relevant materials of the case to the public security organs for further investigation and handling。 The court heard that the Rugao Municipal People's Procuratorate charged the defendant Cao with the Gao Jian Huan Su (2018) No. 10 indictment、Xie Moumou committed the crime of polluting the environment，On July 9, 2018, he filed a public prosecution with the Rugao Municipal People's Court。 The prosecution argues，Defendant Cao、Xie Moumou's actions constituted the crime of polluting the environment；The case was a joint crime，Defendant Cao、Xie XX played a major role in the joint crime，All are principal offenders，shall be punished in accordance with all the crimes in which they participated。 The verdict is accordingly，The Rugao Municipal People's Court is in accordance with the Criminal Law of the People's Republic of China and the Supreme People's Court、Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Environmental Pollution>Related Provisions，Judgment was rendered in the case： Defendant Cao X committed the crime of polluting the environment，He was sentenced to two years and three months in prison，and a fine of RMB 450,000； Defendant Xie XX committed the crime of polluting the environment，He was sentenced to two years' imprisonment，Suspended for three years，and a fine of RMB 450,000； Defendant Cao、Xie Moumou's illegal gains of 600,000 yuan jointly withdrawn，confiscate，Surrendered to the State Treasury。 Typical significance: The ecological environment is the foundation of human survival。Cao、Xie Moumou is greedy for his own selfish interests，It does not hesitate to harm the environmental rights and interests of citizens，Illegal release of toxic substances，Serious pollution of the environment。 "There are no thunderbolts,It is difficult to show the bodhisattva's heart。"For serious harm to the ecological environment、Criminal acts that seriously damage the ecological environment，If not to take a harsh crackdown，It is difficult to embody the bodhisattva's heart for the whole society，It is difficult to embody the bodhisattva's heart for future generations。 Cao was brought to justice for polluting the environment，It reflects the high-pressure situation of Rugao City's insistence on severe punishment and heavy punishment for environmental pollution crimes，It actively responds to the expectations of the masses for a better environment。The Rugao Environmental Protection Bureau will further strengthen its efforts to crack down on environmental violations and crimes，and through the innovation of regulatory systems and methods，Earnestly move the law enforcement checkpoint forward，Put risk management and control in the first place，So that there is nowhere to hide from environmental violations and crimes。 source：Rugao environmental protection ...

The environmental protection equipment was put into production without completing the equipment and was fined 40,000 yuan，A grain processing enterprise in Nantong sued the Environmental Protection Bureau and lost the lawsuit Yangtze Evening News (correspondent Gu Jianbing, Liu Changhai, reporter Yu Yingjie) The company has not built supporting environmental protection facilities，Unauthorized production。After the environmental protection department discovers it, it will file a case for review，and ordered the suspension of production、A penalty of 40,000 yuan was decided。The company was not convinced，It is considered that the relevant provisions on which the penalty decision was based have been revised，The environmental protection department made a penalty decision based on the "old law" and applied the law incorrectly，and file an administrative lawsuit accordingly。10May 31st，The Nantong Intermediate People's Court upheld the final judgment of the first instance in this environmental administrative penalty case，The facts of the penalty decision made by the Rugao Environmental Protection Bureau are clear、The evidence is sufficient、The procedure is legitimate，Applicable law is correct，Penalties are appropriate，The plaintiff's claim was dismissed。 Zhongwei Company is a company engaged in rice processing in Rugao City, Jiangsu Province、Wholesale and retail businesses of pre-packaged food。2016April 22，The Rugao Municipal Administrative Examination and Approval Bureau approved the environmental impact report form for the expansion of the grain drying project of Zhongwei Company，The project is required to strictly implement the "three simultaneous" system，Implement various environmental protection measures in place，Ten working days before the trial production, fill in the "Environmental Protection Report Form for Trial Production of Construction Projects" and report to the Rugao Municipal Administrative Examination and Approval Bureau and the Environmental Protection Bureau for the record，Commissioned acceptance monitoring within three months of the trial production period，Complete the completion and acceptance of environmental protection projects。 2017June 13，When the law enforcement officers of the Rugao Environmental Protection Bureau went to Zhongwei Company for law enforcement inspection，It was found that the company's expanded grain drying project had been put into production in November 2016，However, environmental protection facilities have not been built。 2017July 16，The Rugao Environmental Protection Bureau filed a case against Zhongwei Company for violating the "three simultaneities" of environmental protection。October 12 of the same year，The Rugao Environmental Protection Bureau held a hearing based on the company's application。 2017October 20 ，Rugao Environmental Protection Bureau made the Gaohuan Penalty Zi [2017] No. 159 Administrative Penalty Decision (hereinafter referred to as the No. 159 Penalty Decision)，It was determined that the company had not completed the supporting environmental protection facilities for the grain drying project，It was put into production in November 2016，Violation of the Regulations on the Administration of Environmental Protection of Construction Projects (effective November 29, 1998，hereinafter referred to as Article 20 of the 1998 Regulations、Article 23。In accordance with article 28 of the 1998 Regulations，Ordered the company to stop the production of the grain drying project，and imposed an administrative penalty of a fine of 40,000 yuan on Zhongwei Company。 Zhongwei Company thinks，The machines used in its grain drying project are inherently dust-removal，There is no dust effect on the surrounding environment，The Rugao Environmental Protection Bureau determined that the facts of its violation were unclear，Thin gruel。1998The regulations have been amended，It came into force on October 1, 2017 (hereinafter referred to as the 2017 Regulations)，The Rugao Environmental Protection Bureau punished him under the 1998 Regulations, and applied the law incorrectly。 For this，Zhongkang Company filed an administrative lawsuit with the Hai'an Municipal People's Court，Request for revocation of Penalty Decision No. 159。 The Hai'an Court held in the trial，The existing facilities of Zhongwei Company did not meet the standards and requirements stipulated in the reply of the Rugao Municipal Administrative Examination and Approval Bureau，and it failed to provide evidence to prove that the facilities had been accepted，The facts of Zhongmai's violation of the law are clear。On the issue of the application of law in this case，After the Rugao Environmental Protection Bureau filed a case against Zhongfang Company's behavior，Before the Penalty Decision No. 159 was made，The State Council has revised the Regulations on the Administration of Environmental Protection of Construction Projects。The Rugao Municipal Environmental Protection Bureau follows the rule that "the provisions of the old law shall be applied to substantive issues".，It is not improper to characterize and punish the illegal acts of Zhongkang Company in accordance with the regulations before the amendment，Therefore, the court dismissed the litigation claim of Zhongfang Company。 The company was not convinced，Appeal to the court of second instance。The Nantong Intermediate People's Court upheld the original judgment after trial。 ■Wired Judges■ The legality of administrative acts is examined according to the "application of the old law to substantive issues" The main focus of controversy in this case is:，The "Regulations on the Administration of Environmental Protection of Construction Projects" after the investigation of the administrative punishment involved in the case、The penalty decision was amended before it was made，Is it legal for the Rugao Environmental Protection Bureau to make a penalty decision based on the regulations before the amendment? on this，The judge who presided over the case in the first instance、Tang Xiao, vice president of the administrative tribunal of the Hai'an Municipal Court, said，The Minutes of the Symposium of the Supreme People's Court on Issues Concerning the Application of Law and Norms in the Trial of Administrative Cases (Fa Fa No. 200496) have made it clear：The conduct of the administrative counterpart occurred before the implementation of the new law，Specific administrative acts are made after the implementation of the new law，When the people's courts review the legality of specific administrative acts，The provisions of the old law apply to substantive issues，Procedural issues are governed by the provisions of the new law，However, the following cases are excluded：(1) Law、Laws or regulations provide otherwise；(2) The application of the new law is more conducive to protecting the lawful rights and interests of the administrative counterpart；(3) The substantive provisions of the new law shall be applied according to the nature of the specific administrative act。 In this case，The plaintiff, Zhongwei Company, had not completed the supporting environmental protection facilities，The main project will be put into production，Whether under the 1998 Regulations or the 2017 Regulations，All of their actions constitute illegality。For the offense，1998Article 28 of the Regulations，Violation of the provisions of these Regulations，The environmental protection facilities that need to be built for the construction project have not been completed、It has not been accepted or the experience is unqualified，主体工程正式投入生产或者使用的责令停止生产或者使用，A fine of up to 100,000 yuan may be imposed。2017Paragraph 1 of Article 23 of the Regulations，Violation of the provisions of these Regulations，Environmental protection facilities that need to be built have not been completed、It has not been accepted or has failed to pass the acceptance，建设项目即投入生产或者使用责令限期改正，A fine of between 200,000 and 1,000,000 yuan shall be imposed；Failure to make corrections within the time limit，A fine of between 1 million and 2 million yuan shall be imposed；to the person in charge who is directly responsible and other responsible personnel，A fine of between 50,000 and 200,000 yuan shall be imposed；Causing major environmental pollution or ecological damage，Order to stop production or use，or report to the people's government with the right to approve for approval，Ordered to close。therefore，If the least serious circumstance is based on Article 23 of the 2017 Regulations, it will be ordered to make corrections within a time limit，and a fine of between 200,000 and 1,000,000 yuan，Penalties were imposed on the company，It will inevitably be heavier than the penalty result of Penalty Decision No. 159。Therefore, the Rugao Environmental Protection Bureau applied the 1998 regulations to punish Zhongwei Company，The extent of the penalty imposed on the company was not increased，And it embodies the principle of starting from the old and light，Comply with the rule that "the provisions of the old law apply to substantive issues".，Penalties are appropriate。 source： Yangtze Evening News statement：This website is reprinted、share、statement、Views remain neutral，The purpose is only to convey more information，The copyright belongs to the original author。If the copyright of the work is involved，Please contact us，We will remove the content as soon as possible! ...