Compensation of 54.82 million! The first case in China in which the government sued an enterprise for compensation for environmental damage was pronounced
CCTV News：Jiangsu Provincial People's Government v. Anhui Haide Company, a case of compensation for ecological and environmental damages, which has attracted much public attention，The Taizhou Intermediate People's Court made a first-instance judgment today (27th).，The defendant, Anhui Haide Company, compensated the plaintiff for environmental restoration fees and other expenses of 54.8285 million yuan。The provincial-level people's government is the subject of litigation in a lawsuit against an enterprise for compensation for damage to the ecological environment，This is the first of its kind in the country。 The sentencing began at 10 a.m。Surprisingly，The defendant and his attorney did not appear in court on time today，The verdict was pronounced in absentia for the defendant。The court verdict shows，Yang Feng, manager of the marketing department of Haide Company，In May 2014, 102.44 tons of waste lye generated by the company in the production process were used，It was handed over to Li Hongsheng and others, who were not qualified to dispose of hazardous waste，Sun Zhicai、Ding Weidong and others successively discharged the waste lye into the Yangtze River and the Xintongyang Canal several times，Serious pollution of the environment，As a result, drinking water sources in Jingjiang and Xinghua City were interrupted。 The court held that the hearing was held，In this case, the environmental pollution incident caused Jingjiang、The domestic water supply of residents in Xinghua urban area and surrounding towns has been suspended for dozens of hours，It seriously threatens the normal production and life of the masses。Particularly serious，The incident occurred during the Yangtze River fishing moratorium。The defendant's illegal disposal of waste lye also gave the Yangtze River water environment、Fish stocks、Ecosystem services have taken a huge toll on their functions。Hyde hands over the waste lye generated during the production process to unqualified individuals for disposal，It should be regarded as inaction in preventing environmental pollution damage caused by pollutants，There is a legal causal link between this omission and the result of environmental pollution losses，Liability should be borne for the resulting damage。 Gu Jincai, President of the Administrative Tribunal of the Taizhou Intermediate People's Court：One、The defendant, Anhui Haide Chemical Technology Co., Ltd., compensated 36.379 million yuan for environmental remediation costs；Two、The defendant, Anhui Haide Chemical Technology Co., Ltd., compensated 18.1895 million yuan for the loss of ecological and environmental services；Three、The defendant, Anhui Haide Chemical Technology Co., Ltd., compensated 260,000 yuan for the appraisal fee。 The total cost of the above three items is 54.8285 million yuan。The verdict said，The defendant Haide Company shall have 60 days from the effective date of this judgment，The money will be paid to the Taizhou Environmental Public Interest Litigation Fund Account。 It is understood，21The Intermediate People's Court of Ritaizhou City has issued a summons to Haide Company to open the trial，The defendant refused to appear in court without a valid reason。If you are not satisfied with the judgment，The defendant has 15 days of receiving the verdict，The appeal was lodged with the Jiangsu Provincial High People's Court。 At the first instance hearing, the defendants mainly argued that their arguments were rejected in July 2017，The Jiangsu Provincial Government filed a lawsuit against Haide to the Taizhou Intermediate People's Court，May 29 of this year，The court held an open trial in the first instance，During the trial，Haide Company proposed that Yang Feng should not be held responsible for his personal behavior，In this case, the method of calculating the compensation fee was improper, and other main arguments，The court rejected it in its judgment。 At the trial, Hyde argued，Yang Feng did not comply with the company's requirements，Unauthorized handing over waste lye to others for illegal disposal，The legal consequences should not be borne by the company。The Court found that this view was not valid。 Gu Jincai：Yang Feng is the head of the marketing department of the unit，It is a representative unit，The hazardous waste generated in the production process of the unit is disposed of，Moreover, these hazardous wastes are disposed of by units to individuals，The unit also paid a portion of the cost，This part of the fee is paid by the unit，Therefore, we believe that Yang Feng's behavior is an act of duty，It is for the benefit of the unit。 The waste lye discharged into the Xintongyang Canal has caused serious pollution of the water body，As a result, the drinking water source in Xinghua urban area was interrupted for more than 14 hours。The environmental protection department found that the water bodies illegally discharged into the Yangtze River and the Xintongyang Canal，Contains a variety of organic substances such as diethyl disulfide that are harmful to living organisms。 In the litigation claim of the Jiangsu Provincial People's Government，Haide Company compensated Jingjiang、The cost of ecological environment restoration in Xinghua and Xinghua was 36.379 million yuan；Compensate 18.1895 million yuan for the loss of ecological and environmental service functions；Bear the assessment fee of 260,000 yuan、Attorney's fees of 240,000 yuan and litigation costs。Evaluated by Jiangsu Environmental Science Society，thereinto，Jingjiang's ecological environment damage fee is 17.6026 million yuan，Analogy with the cost of Jingjiang，The loss of Xinghua's ecological environment without assessment should be 18.7764 million yuan。During the trial, Haide raised objections，It is considered that the costs derived from the Xinghua analogy have no evidentiary effect。 Gu Jincai：We invited expert witnesses to testify at the hearing，Experts have also confirmed that the use of such analogies is appropriate and acceptable。For example, the Yangtze River poured 49 tons，49tons of assessment how much damage is generated，Divide by one to find out how much damage one ton produces，And then in the same case，How many tons poured into the Xinghua New Tongyang Canal，Multiply this total tonnage by the loss per ton to get the loss of Xinghua。 The defendant also argued:，Polluted Yangtze River、The canal has been naturally purified and restored through the flow of water，No repairs are required。 Gu Jincai：This notion is absurd，Everybody knows，Yangtze River water for so many years，Why water quality is getting worse and worse，If that's what the defendant said，In the future, it is also possible for others to discharge waste toxic and waste liquid into the Yangtze River and inland rivers，Obviously, this view is unscientific and unfounded without factual basis，We need to impose certain legal sanctions。 This is different from previous judgments in such cases，The Court's decision expands the scope of damages，The fee for the Damages Service feature has been increased。 Song Yaping, Vice President of Taizhou Intermediate People's Court：In this case, the waste liquid was poured into the Yangtze River, resulting in damage to the ecological and environmental service functions of the Yangtze River system，On this basis, we have added compensation for damage to the function of environmental services，It increases the cost of violating the law for infringers，It fully reflects who pollutes and who governs，The new judicial concept of who infringes and who bears responsibility。 Case review：19The defendant and two defendants were criminally punished in this environmental pollution incident in Taizhou, Jiangsu，Yang Feng and some illegal and criminal personnel who secretly discharged waste lye into rivers and two illegal enterprises participated in it，Back on November 17, 2015，The Jiangyan District People's Court of Taizhou City has issued criminal verdicts against 19 defendants and 2 defendant enterprises for the crime of polluting the environment。 The court heard and ascertained，2014May 7-9，Haide Company has repeatedly imposed a disposal fee of 1,300 yuan per ton，102.44 tons of waste lye were handed over to Li Hongsheng and others，Li Hongsheng and others also disposed of these waste liquids at a cost ranging from 500 to 600 yuan per ton，handed over to Sun Zhicai and Ding Weidong, who also had no disposal qualifications，Sun Zhicai et al. on the nights of April 30 and June 17, 2014，At the wharf of Hongqiao Dayang Shipyard in Taixing City, 49.1 tons of waste lye were discharged into the Yangtze River several times，May 14 of the same year，Ding Weidong and others discharged 53.34 tons of waste lye into the Xintongyang Canal in Taizhou City， Our laws and regulations，emission、Dumping or disposing of radioactive waste、Waste containing pathogens of infectious diseases、Toxic or other harmful substances，Seriously pollute the environment，A sentence of up to three years imprisonment or short-term detention is to be given，and/or a single fine，The consequences are particularly severe，The sentence shall be fixed-term imprisonment of not less than three years but not more than seven years，and fines。 Wang Dewu, President of the Criminal Division of the Jiangyan District People's Court of Taizhou City：Ding Weidong and 19 other defendants were sentenced by this court to fixed-term imprisonment ranging from 1 to 6 years，and fines ranging from RMB 10,000 to RMB 2.58 million。thereinto，Yang Feng of Haide Company was sentenced to 4 years and 3 months in prison，and a fine of 30,000 yuan。 Supreme Court：The Supreme People's Court is actively promoting the centralized trial of environmental resources cases，Environmental Resources Criminal、civil、Administrative cases are to be heard by specialized adjudication bodies or specialized adjudication teams，Give full play to the joint force of environmental resources adjudication，Implement the strictest source protection through professional environmental resource trials、Damages and accountability system。 It is understood，presently，Courts across the country have set up environmental resources divisions、Collegiate Panel、1,040 circuit courts，Among them, there are 390 environmental resources tribunals，There are 571 special collegial panels，79 circuit courts；22High People's Courts、160More than one intermediate people's court and 20 three basic people's courts have set up specialized environmental resources adjudication bodies。 Taking into account the need for current specialization，Environmental resources cases accepted by the six circuit divisions of the Supreme People's Court will be centralized and heard in the environmental resources division of the Supreme Court。meantime，Originally, some cases related to environmental resources were heard by other business divisions, such as administrative tribunals，Consider increasing the level of specialization，It is also convenient for supervision and guidance，These cases will also be heard by the Environmental Resources Tribunal。 who uses environmental resources，Who governs，Who sabotages，Who fixes。How can we ensure that the compensation funds are used for the restoration of the damaged ecological environment? Management of compensation funds in environmental public interest litigation and ecological and environmental damage compensation lawsuits、use、supervision, etc，The Supreme People's Court wants to be in the Ministry of Ecology and Environment、The Supreme People's Procuratorate and the legislature、With the strong support of the Ministry of Finance，Establish a special fund or fund management system at an early date，Ensure the smooth development of ecological environment restoration。 presently，Kunming City, Yunnan Province，Guiyang City, Guizhou Province，Taizhou City, Jiangsu Province、Wuxi City、Xuzhou City and other cities have successively established special fund accounts for environmental public interest litigation，Shandong Province is exploring the establishment of a provincial-level unified financial account to manage funds for compensation and restoration of ecological and environmental damage。 Environmental public interest litigation presents a new type, introduced by the Supreme People's Court，The types of environmental public interest litigation have shifted from traditional environmental infringement to new types of environmental infringement，From the natural environment to the artificial environment，From the actual infringement to the trend of expanding behaviors with major risks of damaging the ecological environment。Although the number of cases is not large，But the social impact is greater，The public attention is relatively high。 As required by law，At present, there are two main types of environmental public interest litigation in judicial practice：The first is environmental civil public interest litigation filed by social organizations。The second is environmental civil public interest litigation and administrative public interest litigation initiated by the procuratorate。 It is understood，In addition to involving the atmosphere、water、soil and other traditional environmental public interest litigation cases，In recent years, local courts have also accepted a number of new types of environmental public interest lawsuits，Like what，Car detection artifact case，It is through the use of this detection software that the emission standards of the car can be met。There are also drug runway cases、Endangered animal and plant protection cases、Immovable precious cultural relics case、Tableware pollution cases on takeaway platforms, etc，All of them have entered the scope of environmental public interest litigation。 Wei Wenchao, vice president of the Environmental Resources Division of the Supreme People's Court, introduced，The number of public interest lawsuits filed by social organizations is not large，However, the types of cases are relatively diverse，High social attention，The influence is great，Like what，Jiangsu Taizhou water pollution environmental public interest litigation case、Tengger Desert Environmental Public Interest Litigation Series、Shandong Dezhou air pollution public interest litigation case, etc。 It is understood，The new Environmental Protection Law came into effect on January 1, 2015 and will run until December 31, 2016，Courts across the country accepted 102 public interest litigation cases brought by social organizations，54 cases were concluded。2017year，48 cases were accepted，16 cases were concluded。2018years，1Until May，30 cases were accepted，Twenty-four cases were concluded。(CCTV reporter Xi Danni Hou Xikui) This article originates from CCTV Finance and Economics，If there is any impact or inconvenience，Please contact us，We will retract this article as soon as possible。 ...
Share|How to do a good job in quality? 5 steps to make you handy!
Everybody knows that，Quality is the lifeblood of an enterprise。But what everyone knows is not the best thing to do，Because quality management is an arduous and complex system engineering in enterprise management! Who can do the quality management of the enterprise?，Never get tired of it，Multiplier，Whoever wins is the big winner。so，How can something that is well known be cracked? It's nothing more than a five-step chain，Interlocking。 Step 1：Quality awareness，Bear the brunt of it from top to bottom，Leadership comes first，And not from the bottom up，That's the key，The quality awareness of the CEO determines the quality awareness of all employees，Full，Only the horse is the first to look forward，Movements，Senior leaders need to be more than just managerial，It is also necessary to have quality technical knowledge，Understand the process and quality control methods of products。When the main leader has a sense of quality，All employees must be quality conscious，This is the key factor in the success or failure of the quality battle。 Step 2：Poor quality，Public Handling for sample and batch production stage of product defects，It must be dealt with immediately，It should not be delayed for a long time，And in front of the designer、producer、The face of the manager，made a break，Scrapping is sometimes better than rework，Don't procrastinate，Hesitation will be settled，In this process，Lessons must be learned for all。 Step 3：Improve the system，Implement standards for this process，It is to ensure that there is no risk in the management system，Ensure that the process is effectively controlled，Ensure that there are adequate monitoring and management tools，Use advanced management tools，Formulate enterprise standards according to industry standards，It can't be a document that can only be hidden in the cabinet and do decoration，It must be resolutely implemented，That's the power of standards。 Step 4：Whoever produces is responsible，Who makes the decision, who is responsible for the bottom line The implication of this step is，Designers，producer，policymaker，You must take responsibility for your own products，Performance linkage，Combination of rewards and punishments，Territorial management，On-duty management，Lot number management，Be accountable to the end，This should be the culture of the company，People who are capable of taking responsibility，Usually the quality is always the best，A responsible person，It usually always withstands the wind and rain，The vitality is always the most tenacious，This is also the real reason for the quality sparkle。 Step 5：With the quality of work to ensure the quality of products, the site can not be dazzling，But the starting point cannot be low，The quality of personnel cannot be low，The attitude of personnel should not be bad，Excellence is the work requirement of every staff，The quality of work determines the quality of the product，As long as it's work，You have to meet high standards and get things done，All at once，No rework，Eliminate all perfunctory and coping behaviors，Do practical things with hard work，Do real things with sincerity，Escort for qualified product quality。 Further reading The following German understanding of quality，streamline、Just to the point! 1、Philosophically，This is how the Germans talk about quality："Quantity without quality is meaningless，Only quality-based quantity constitutes quantity in the true sense of the word。Thus the principle that the Germans live in all spheres is："Either the best，Either not。” 2、From the theory of production，The Germans think："Inspections to improve product quality are not the best approach，Because the inspection itself does not change the quality of the product。Only do a good job in design and manufacturing，Product quality can be guaranteed。Quality is in the hands of the majority of employees，The key to quality lies in the level of design and manufacturing process，Other words，The quality of the product manufacturing itself is the fundamental element of product quality."。 3、The Germans think："Human quality is the foundation of all product quality"。Other words，The quality of the products manufactured in a country is a reflection of the quality of the people of that country，People often know the quality of the people of a country through the products made in that country。 That's right：What kind of people are there，What kind of products are there! 4、In the production practice of specific enterprises，The Germans firmly adhere to these "four cardinal principles"： Precise metering； Well-equipped equipment； Great people； Standardized production。 This article originates from China Certification，If there is any impact or inconvenience，Please contact us，We will retract this article as soon as possible。 ...
Deming's ten heart-piercing words：Quality doesn't have to be amazing
Dr. W. Edwards Deming is a world-renowned expert in quality management，His outstanding contribution to the development of quality management in the world is well-known all over the world。Deming Quality Award named after Deming，It is still the highest honor for quality control in Japan。Deming's doctrine has always had an extremely important influence on international quality management theories and methods，Its main viewpoint "14 points" has become an important theoretical basis for total quality management。Let's talk about the author's understanding of Deming's "14 points".。 One、Establish long-term goals to improve products and services, Deming believes，The C-suite must return from the misadventure of short-term goals，Turn back to the right direction of long-term construction，That is, to improve products and services as a permanent purpose。"Customers only buy better products and services"，Strive to be competitive，Make long-term business plans。Businesses have to survive，It is necessary to learn the ideas and concepts of total quality management，Choose quality as the ultimate goal，Achieve this goal with a clear vision and organizational strategy。 Two、Adopt new ideas Companies must never tolerate poor raw materials、Poor operation、Defective products and loose service，New ideas must be adopted that are responsive to competition，And quality must become the belief of the enterprise。Deming noted："The cost of survival is inversely proportional to the quality of the goods and services that need to be spent on，as：Reliable service can reduce costs，Delayed service or errors can drive up costs。"Due to delayed service and bugs，Consumption of goods and services is terminated，This diminishes the meaning of their existence。High quality，No scrap or defective products，The cost of production naturally decreases，Increased productivity，Increased customer satisfaction and loyalty，Profits will increase。If there is a quality problem, the product reaches the customer's hands，The tangible or intangible losses will be even greater，This means that the cost is higher。Let's put it this way，High quality is not expensive，Poor quality is expensive，Businesses should stop worrying about quarterly profits，Concentrate on improving quality in all aspects，Quality should be in mind when you start designing your product。 Three、Stop relying on high-volume inspections to ensure quality Hugh Hart, an early American quality management expert, proposed：The quality of the product is not inspected，It's produced，The focus of quality control should be on the manufacturing stage。Inspection is actually equivalent to preparing for defective products，It was too late to find out，And the cost is high and the benefit is low。And another American quality management expert, Crosby, further proposed：The role of the quality system is prevention，And not an inspection。Inspection is the process of picking out the bad from the good，Rather than promoting improvement。Prevention occurs during the design phase of the process，Including communication、plan、Verification and gradual elimination of opportunities for non-conformity。Quality through prevention，Require resources to be allocated to ensure that the work is done correctly，Rather than wasting resources on finding and remediating problems。 Deming also had a relationship with Hugh Hart、Crosby has the same opinion："To detect what is defective，It's too late to throw them away for the purpose，There is no efficiency and the cost is high。Quality does not come from inspection, but from process improvement。"Inspection alone does not improve quality，Quality is not fully guaranteed。The quality is good or bad，already present in the product。And most of the time，Extensive inspections are expensive and unreliable，It is not possible to strictly separate defective products from good products，The right thing to do is to improve the production system process。 Four、Ending the practice of choosing suppliers based solely on price proposed by Deming，The price itself doesn't make sense，It only makes sense in relation to quality。therefore，Only the Authority has redefined the principles，Procurement will change。Enterprises must establish long-term relationships with suppliers，and reduce the number of suppliers。Purchasing departments must use statistical tools to judge the quality of suppliers and their products。 Low prices without quality are meaningless，Low quality leads to a decrease in product quality，So the overall cost rise is an inevitable consequence。End the habit of buying based only on price，In fact，It can reduce the overall cost expenditure。 Deming thinks："Two or more suppliers of the same commodity may result in vicious competition，In addition to harming the suppliers themselves, this competition is not only harmful，It can also harm the user of the product。"To get the best service，Companies can build a long-term relationship of trust with their suppliers。It is common to use a series of criteria to gauge which vendor is better，But a better approach is to actively use Deming's "Fourteen Points" and get involved in supplier management。 Five、Continuous and never-ending improvement of production and service systems Deming proposed，In every event，Waste must be reduced and quality improved，Whether it's procurement、transport、engineering、method、Maintenance、sale、Distribution、accounting、Personnel、Customer service and manufacturing。Companies must improve the quality of their products by reducing uncertainty in design and production，Increase productivity，With high quality、Low prices occupy the market。moreover，Businesses should not be constrained by previous cultures，There should be constant reforms，Only in this way can the overall quality of the product be improved。 Improvement is not a one-and-done thing，Managers have a responsibility to continuously improve quality。Deming said："Put out the fire – many businesses can be called fire brigades，It's not an improvement，Look for places where control is lost，Find the reason for it and correct it，It's just a matter of correcting the process back to where it should be。The responsibility to improve is a never-ending process。Six、Adopt modern methods to carry out on-the-job training Deming proposed，The training of the enterprise must be planned，and must be based on acceptable standards of work。Statistical methods must be used to measure the effectiveness of training，Confirm that everyone has the skills and knowledge to do the job at hand。 in a lot of businesses，There is often little to no training，Employees don't know when they're going to get their job done right。Deming emphasized：As long as the results of the work are not yet statistically controlled，And when you can get even greater benefits，Training should not be suspended。 Seven、Mentoring at the managerial level must let senior management know what needs to be improved，After knowing，Management must act。"There's no excuse to put people in positions where they don't know how to do it。The vast majority of so-called 'people who have nothing to do' do do it do so because they have been placed in unsuitable jobs or because of poor management"。It is the responsibility of the manager to find out what causes employees not to take pride in their work。The senior management in charge of quality assurance should be bold and courageous as quality leaders，Resolute，And pointed out that quality is everyone's responsibility，Team spirit is a key factor in achieving improvement，Everyone has to think about quality when making decisions，It is necessary to advocate the spirit of excellence。The job of the top management is not to supervise，It's about leading with leadership。The goal of management is to help people、Machines and equipment do better work。 Eight、Eliminate fear, Deming believes，All employees of the company must have the courage to ask questions，Ask questions，or express an opinion。 Some business management believes that a certain amount of fear is necessary to get the job done。In fact，Employees don't want to make mistakes on a continuous basis，They are afraid that the management will find out，will hide these mistakes。The greater the sense of fear，The less effective the employee's work will be，Fear produces inefficiency and lies。Management does not have access to accurate information，Naturally, it is not possible to make the right decisions，Extreme fear can have disastrous consequences for businesses。 Fear and reward are not a source of motivation at work，External incentives are not unimportant，Each employee should be paid a sufficiently high salary，Employees will have a sense of pride in their work。But intrinsic satisfaction with the business and the work、Passion and loyalty，is the real motivation for creative work。 In the era of the knowledge economy，Businesses must change the "Taylor management" model of the Industrial Revolution era。As the sociologist Amitaixian proposed：Manage like you take a gun and force people，Alienating，Can only cope；By paying、Management of bonuses，Only labor can be bought；There is only incentive-based flexible management、Democratic management，Involve employees in management improvement，in order to motivate employees to follow voluntarily、dedication、Be creative。This is also consistent with Maslow's theory of the hierarchy of human needs, which states that "man's highest needs are to be respected and self-actualized".。 Nine、Removing barriers between different sectors Each sector should not be left alone，It's about team spirit，Cross-departmental quality circle activities will help improve design、serve、Quality & Cost。 Deming noted，study、devise、procurement、sale、Personnel from incoming inspection and other departments，You should be familiar with the materials involved in the production and assembly process、Problems encountered with different specifications。This helps in product design，And to be able to finish the product、Significant improvements in the quality of service。 Ten、Eliminate the slogan for general employees、Tagline and digital goals Deming proposed，Metrics that motivate employees to be more productive、slogan、image、Posters must be abolished，Because these are often outside the control of the average employee，Therefore, these promotional materials will only lead to disgust。Although there is no need to set measurable goals for employees，But the company itself has to have such a goal：Never stop improving。 "Slogans don't help anyone do a good job，They can cause frustration and resentment."。Slogans like "get things done the first time" are good on the surface，The problem is that they are seen as a signal，That is, the manager does not understand or care about the actual problems of the employees。Set a goal but don't describe how to accomplish it，It is often the case in practice。 This article originated from the Auditor's House，If there is any impact or inconvenience，Please contact us，We will retract this article as soon as possible。 ...