Notice of the Provincial Government on Printing and Distributing the Implementation Plan for the Reform of "Separation of Licenses and Licenses" in the Province
(Su Zhengfa [2018] No. 137) Cities、County (city、district) people's government,Provincial committees, offices and bureaus,Provincial units directly under the province: The "Implementation Plan for Promoting the Reform of "Separation of Licenses and Licenses" in the Province is now printed and distributed to you,Please follow through carefully。 Jiangsu Provincial People's Government November 10, 2018 (This document is publicly released) The implementation plan for the reform of "separation of licenses and licenses" in the province is to implement the requirements of the notice of the State Council on promoting the reform of "separation of licenses and licenses" across the country (Guo Fa [2018] No. 35).,In the province, the reform of "separation of licenses and licenses" was launched,Further solve the problem of "access is not allowed to camp".,Stimulate the vitality of market players,Accelerate the transformation of government functions,Create the rule of law、internationalization、Facilitation of the business environment,Combined with the actual situation of our province,This embodiment is hereby formulated。 One、General requirements (1) Guiding ideology。 Fully implement the 19th National Congress of the Communist Party of China and the 2nd Central Committee of the 19th National、The spirit of the Third Plenary Session,Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New,In accordance with the Party Central Committee、Decision-making and deployment of the State Council,Firmly establish and implement the new development concept,Closely focus on streamlining administration and delegating power、Combination of release tubes、Optimize services,Fully implement the reform requirements of "separation of licenses and licenses".,Promote the continuous deepening of the reform of the commercial system,Further clarify the relationship between the government and the market,Actively reform the examination and approval methods,Streamlining enterprise-related licenses,Strengthen supervision during and after the event,Innovate the way of government management,Strive to create stability、fair、transparent、Predictable market access environment,In order to build a "strong, rich, beautiful and high" new Jiangsu、Promote high-quality development at the forefront and provide a strong guarantee。 (2) Basic principles。 -- Insist on reducing the certificate after the license。Except when it comes to national security、Public safety、Financial security、Except for administrative examination and approval matters of major public interests such as ecological safety and public health,Appropriate management methods are used to separate the "certificates" of the licensing category,It can be reduced as much as possible,If you can get together, you can get together,Minimize the number of approvals and issuances,Effectively distinguish between "certificate" and "photo" functions,Efforts should be made to solve the problem of "access is not allowed to camp".。 -- Insist on paying equal attention to decentralization。The power that should be given to the market and society must be fully delegated、Put it in place,The government must manage its affairs well、The tube is in place。It is necessary to do a good job in the organic connection between "wide progress" and "strict management".,Further promote the shift of the focus of government management to supervision during and after the event,Enhance regulatory effectiveness。 -- Persist in reforming in accordance with the law。In accordance with the law, promote the adoption of direct cancellation of examination and approval of administrative examination and approval matters related to enterprises、The approval is changed to filing、Implement the notification commitment、Optimize reform methods such as access services,There are local regulations involved、Amendments to government rules and normative documents,It should be revised and implemented in accordance with legal procedures,Ensure that the reforms are based on the law。 (3) Work objectives。 2018From November 10,In the province, the 106 administrative examination and approval items related to enterprises in the "List of Specific Matters for the First Batch of National Promotions of the "Separation of Licenses and Licenses" Reform (see Annex 1) published by the State Council were directly cancelled、The approval is changed to filing、Implement the notification commitment、Optimize access services and other four ways to implement the "separation of licenses" reform,Let more market entities operate with a license。Strengthen supervision during and after the event,Establish inter-departmental information sharing、Coordinated supervision and joint reward and punishment mechanisms,Form a comprehensive supervision system for the whole process。Establish a long-term mechanism,Build and improve the working mechanism to meet the requirements of the "separation of licenses and licenses" reform,In accordance with the unified deployment of the State Council,Gradually reduce the administrative examination and approval items related to enterprises,Finally, all administrative examination and approval matters related to market access will be classified and managed in accordance with the reform model of "separation of licenses and licenses".,Facilitate market access for enterprises。 Two、Tasks (1) Clarify the scope of reform。 The regional scope of the reform is determined by the Southern Jiangsu National Independent Innovation Demonstration Zone in Su Zhengfa (2017) No. 159、Nanjing Jiangbei New Area and the province's national high-tech industrial development zones、45 pilot parks, including national economic and technological development zones, have been expanded to the whole province;The number of items to be reformed has been adjusted from 100 to 106 on a pilot basis。 (2) Formulate management measures。 Provincial-level departments involved in the reform of "separation of licenses and licenses".,It should be combined with reality,In response to the first batch of 106 "separation of licenses and licenses" reform items determined by the State Council,Formulate specific management measures one by one。Items that have been directly canceled for approval,After applying for a business license, market entities can carry out relevant business activities,Relevant departments implement specific management measures。Matters that have been changed from approval to filing,After the market entity submits the materials, it can carry out relevant business activities,The relevant departments will no longer approve it,However, it is necessary to clarify the links for filing in accordance with the law、condition、material、time limits and specific management measures to strengthen supervision during and after the event。Matters concerning the implementation of notification commitments,The relevant departments shall inform the applicant of the examination and approval conditions and required materials at one time,and provide a model text of the notification pledge,Promise to meet the requirements for approval to the applicant,Approval on the spot;Relevant departments carry out routine inspections with full coverage,Where it is discovered that the actual situation is inconsistent with the content of the pledge,Revoke the approval in accordance with law and give a heavier punishment。Matters concerning the implementation of optimized access services,It is necessary to formulate and introduce streamlined links、Compressed material、Workflow to optimize processes、Workflow and service guidelines,Further facilitate market access。For the reform of "separation of licenses and licenses", it is a matter of approval and issuance at the national level,The provincial-level competent department shall inform the basis for approval and issuance、condition,And implement the supervision measures during and after the good thing;It belongs to the city entrusted by the provincial competent authority、The county exercises the function of examination and approval supervision,The entrusting organ shall formulate specific management measures;It belongs to the city by law、Matters administered by the county,The provincial-level competent authorities have also issued unified supervision measures for the whole province during and after the event。Departments that have formulated specific management measures in the pilot process of the "separation of licenses and licenses" reform,It is necessary to refer to the requirements of the National Development (2018) No. 35 document,Supplement and improve relevant measures。At present, no specific management measures have been formulated,Relevant measures should be formulated and introduced as soon as possible。 (3) Promote information sharing。 All relevant departments in all parts of the province should rely on the Jiangsu Provincial Market Supervision Information Platform,Implement approval and filing、Supervision and inspection、Administrative penalties、Real-time transmission of information such as blacklists,Implement the "double notification".、double feedback" and other information sharing systems。After the market regulation department registers with the market entity,The registration information should be pushed to the Jiangsu Provincial Market Supervision Information Platform in a timely manner,for the relevant departments to grasp,and follow up on management measures。For the approval department、The competent department of the industry has already provided words related to the push information,It can be directly pushed to the name of the relevant department。Approval department、The competent department of the industry shall file the examination and approval、The supervision and management information is fed back to the Jiangsu Provincial Market Supervision Information Platform in a timely manner。It is necessary to further improve the market supervision departments and examination and approval departments、The dynamic maintenance mechanism of the catalogue of approval and filing items by the competent department of the industry,Unblock the push of basic information and related credit information of market entities between departments、feedback、Publicity channel。 (4) Clarify regulatory requirements。 Perfection is based on information aggregation、It is characterized by a commitment to credit、Information disclosure as a means、A new type of regulatory mechanism with credit constraints as the core。Fully implement the State Council's "who approves、Who regulates,Who is in charge、who regulates".,Further strengthen the regulatory responsibilities of the approval implementation departments and industry authorities,Clarify the standards for the performance of regulatory duties and the rights and responsibilities of supervision,Avoid a regulatory vacuum。Promote cross-departmental "double randomization."、1. Public" joint supervision,Construct a unified "double random" spot check working mechanism and system norms in the province,Further expand the "double random" spot checks,Gradually realize the normalization of cross-departmental "double random" joint spot checks,Relying on the Jiangsu Provincial Market Supervision Information Platform,Realize the unified collection and full disclosure of spot check information。Strengthen credit constraints,Implement the publicity of the annual report of the enterprise、The system of the list of abnormal business operations and the list of enterprises with serious violations。Explore the use of big data analysis and other new regulatory means,Improve the scientific level of market supervision。Explore new technologies、New industries、New model、new products、The new business format adopts an inclusive and prudent regulatory approach,Efforts should be made to create a favorable policy environment for the growth of new drivers。Strengthen the awareness of the first person responsible for the market order of the enterprise,Establish and improve mechanisms for credit restoration,Guide social forces to participate in the governance of market order,Gradually build and improve the pattern of pluralistic co-governance。 (5) Do a good job of connecting reforms。 The State Council determined 106 enterprise-related administrative examination and approval items,Compared with the 100 items implemented by our province during the pilot reform of "separation of licenses and licenses".,Twenty-two new items were added、13 decreases、Merge three items with other matters、68 changes in management methods (see Annex 2)。All localities should pay attention to the organic connection between the "separation of licenses and licenses" reform and the early reform pilot in the province,For the 22 new reform items added by the State Council,and the administrative examination and approval matters related to enterprises that are inconsistent with the reform methods in the original reform pilot and after the implementation of the push-off,In accordance with the requirements of the National Development (2018) No. 35 document。For the 100 pilot items of the "separation of licenses and licenses" reform in our province, 13 items were not included in the first batch of "separation of licenses and licenses" reform items in the country,This is a complete cancellation of approval、Comprehensively implement reform methods such as the notification and pledge system,At the expiration of the pilot period,The State has not adjusted the relevant laws、Regulatory,still in accordance with the current legislation、Regulatory Enforcement;For those who adopt the method of strengthening access regulatory reform,The reform modalities that were previously identified could be continued。 Three、Safeguard measures (1) Strengthen organizational leadership。 Municipalities、County (city、District) people's governments should strengthen overall planning,Layer upon layer of compaction responsibility,Actively and steadily promote the reform of "separation of licenses and licenses".。The relevant departments of the province shall, in accordance with the requirements of Document No. 35 [2018] of the State Council, formulate and introduce specific management measures for the reform of "separation of licenses and licenses".,The Provincial Market Supervision Bureau shall summarize and report to the State Administration for Market Regulation for the record。 (2) Strengthen publicity and training。 All localities and departments should make use of radio and television、press、website and other forms,Adopt an easy-to-understand approach to publicity,Do a good job in publicizing and interpreting reform policies,Raise awareness of reform policies,Respond to social concerns in a timely manner,Create a good atmosphere conducive to reform。Training should be strengthened,Improve the professional quality and service awareness of staff,Ensure the smooth progress of reform。 (3) Strengthen assessment and supervision。 All localities and departments should comprehensively grasp the implementation of reform tasks in the spirit of nailing down the nails,Improve the incentive and restraint mechanism and the fault tolerance and correction mechanism,Fully mobilize the enthusiasm and initiative to promote reform,Encourage and support innovation in the work。It is necessary to strengthen the supervision and guidance of the reform of "separation of licenses and licenses".,put it in place、Be bold and innovative、Examples of positive deeds should be commended in a timely manner;Guidance should be strengthened for the difficulties and problems encountered、Help solve;Blame for perfunctory、Delays in reform、Poor work、Enterprises that make things difficult should be seriously held accountable。 annex:1The first batch of specific matters to be rolled out in the reform of "separation of licenses and licenses" 2. Appendix 2 of the changes in the reform of "separation of licenses and licenses". ...
"God Operate"! The man threw a cigarette butt out of the car as he drove,Burned his car……
It's not a TV series, it's not a screenwriter, it's a real event!! On the morning of November 20,Near the Gulei Port toll station of Zhangzhou Expressway in Fujian,A pickup truck emitting fireballs and smoke rushed down the highway ramp…… "Oh my God,Oh no,There's a 'train' coming on the highway。Xiao Chen, who was on duty outside the toll booth at the time,Suddenly I saw a pickup truck emitting fireballs and smoke,At a very fast pace,Rush down the highway ramp,I was about to rush to the toll booth,fortunately,Finally stopped at the inner square。 Too late to think about it,Xiao Chen immediately with his colleagues,Pick up two fire extinguishers,Just rush to the pickup truck。Originally,Something was burning in the rear compartment。 soon,Two fire extinguishers ran out,The fire hasn't been extinguished yet,Wait for the third fire extinguisher to run out,The open flame was extinguished。At last,Xiao Chen also pulled water pipes from the toll booth,Cool down the car,Prevent re-ignition。 After some checking,The toll collector found that the fire was only burning in the rear compartment,The rest of the car is in good condition,This means that the car does not spontaneously combust – because spontaneous combustion usually occurs in the front and middle of the car。 Where did the fire come from? After inquiry,Pickup truck driver Wu said the reason in a hurry。Originally,When you get off the highway,He's addicted to cigarettes,I smoked a cigarette,After entering the ramp,He threw the cigarette butt out。 Coincidentally,At this time, there was a gust of wind。Wu judged,It could be this gust of wind,Put the cigarette butt that hasn't been extinguished,Scraped into the rear compartment,There were just a couple of plastic cages in there,Extremely flammable,This cigarette butt,Just like that, the plastic cage was set on fire。 Luckily,When the car catches fire,It's not far from the toll booth,The fire was quickly extinguished。In addition to the loss of several plastic cages and two bicycles,Wu said the pickup truck was fine,"It was really freaked out,If it's burned somewhere else,Probably the whole car is gone."。 The driver, Wu, kept thanking Xiao Chen and her colleagues at the toll booth,But Xiao Chen said,Don't litter on the highway,In fact, it is the best thanks。Because the speed of the highway is very fast,A bottle of mineral water tossed away,All could be "bombs",As a result, the vehicle behind it was destroyed and people died。 "So we really want to appeal to all of you,Put the garbage on the car first,Throw it when you get to the service area! An insurance industry veteran said:"If you're throwing something out of the car,Resulting in damage to the rear vehicle or casualties,The insurance company does not pay。"In this case,The person who needs to throw it is responsible for it,So don't do this kind of dangerous behavior of throwing things out of the car on the highway。 Article source::China Safety Production Network 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! ...
Alarm bells ringing! The Supreme People's Court today released the top 10 typical cases of environmental resources adjudication:Eco-friendly companies are not environmentally friendly、Poison production pollutes the environment、Illegal disposal of hazardous waste, etc
Catalogue of Typical Cases of Environmental Resources Adjudication by People's Courts to Ensure the High-quality Development of the Yangtze River Economic Belt 1、Defendant Yi Wenfa and others illegally produced drug-making materials、Environmental Pollution Case II、The defendant unit: Chongqing Shouxu Environmental Protection Technology Co., Ltd、Defendant Cheng Long et al. Environmental Pollution Case 3、Defendant Deng Wenping Environmental Pollution Case 4、All-China Environment Federation v. Yichun Zhong'an Industrial Co., Ltd. et al., a public interest lawsuit on water pollution, 5、China Environmental Protection Foundation v. Kaifa Xinquan Water (Yangzhou) Co., Ltd., a public interest lawsuit on water pollution, 6、Hunan Yiyang Environmental and Resource Protection Volunteer Association v. Hunan Linyuan Paper Co., Ltd. Water Pollution Public Interest Litigation Case 7、Zhejiang Kaihua County People's Procuratorate v. Quzhou Ruilijie Chemical Co., Ltd. Environmental Civil Public Interest Litigation Case VIII、Yuexi County Meili Hydropower Station v. Yuexi County Environmental Protection Bureau Environmental Protection Administrative Decision 9、The People's Procuratorate of Jianchuan County, Yunnan Province v. Jianchuan County Forest Public Security Bureau for negligence in performing statutory duties, environmental administrative public interest litigation case 10、The People's Procuratorate of Dianjun District, Yichang City, Hubei Province v. the Environmental Protection Bureau of Dianjun District of Yichang City, Hubei Province, an administrative public interest litigation case of negligence in performing statutory regulatory duties Typical Cases of Environmental Resources Trial by the People's Court to Ensure the High-quality Development of the Yangtze River Economic Belt 1、Defendant Yi Wenfa and others illegally produced drug-making materials、Environmental Pollution Case [Basic Facts of the Case] April 2014,Defendant Yi Wenfa and others rented a private house in Guiyang City, Guizhou Province、Abandoned factory buildings, etc,Exploitation of illegally purchased hydrochloric acid、toluene、Bromophenylacetone and other processing to produce ephedrine。2015Between May and January 2016,Defendant Yi Wenfa et al. in the process of illegally producing ephedrine,for the discharge of production wastewater,Construction of a sewage tank outside the plant、Laying of sewage pipes,The production wastewater is led through the sewage pipe to a karst cave about 70 meters away from the plant for discharge。2016January,The public security organs seized 6.188 kilograms of ephedrine at the processing site involved in the case、Toluene 11,700 kg、3080 kg of hydrochloric acid、13,000 kg of bromopropiophenone。Identified,Yi Wenfa et al. produce ephedrine、The wastewater discharged is hazardous waste。 【Judgment Result】 The People's Court of Qingzhen City, Guizhou Province held in the first instance,The acts of the defendant Yi Wenfa and others have constituted the crime of illegally producing narcotic substances;Wastewater from the production of toxic substances that are hazardous substances is discharged from karst caves,Serious pollution of the environment,His actions also constitute the crime of polluting the environment,Punishment for multiple offences shall be combined。Yi Wenfa and others were sentenced to fixed-term imprisonment ranging from eight to 10 years,and fines ranging from 110,000 yuan to 130,000 yuan,and seized narcotic substances、The tools of the crime were confiscated in accordance with law,to be destroyed。The Guiyang Intermediate People's Court upheld the original judgment in the second instance。 Typical Significance: This case is an environmental pollution case caused by the illegal production of narcotic substances。Defendant Yi Wenfa et al. in the process of illegally producing ephedrine,Construction of sewage tanks in violation of state regulations,Laying of sewage pipes,The production wastewater containing hazardous wastes is led to the karst cave for discharge through the sewage pipe,Serious pollution of the environment。A karst cave is an underground space formed by karst action of soluble rocks,It is mostly distributed in the Yangtze River basin,It contains abundant water resources。But karst ecosystems are fragile,The carrying capacity of the environment is small,The caves are mostly interconnected,Once the pollution is damaged, it is difficult to remediate and remediate。The court of first instance took into account the particularity of the defendant's criminal conduct in this case,It varies according to the legal interests infringed,The defendant was convicted separately for the different acts committed、Punishment for several crimes,Changed the past neglect of environmental protection,In similar cases, the punishment of one felony is often adopted、A way to deal with the fight only on drug-related charges。In this case, he was convicted of the crime of illegally producing narcotics and the crime of polluting the environment,It shows that the people's courts have always adhered to the principle of severely punishing drug-related crimes in accordance with the law、Intensify the punishment for the crime of producing narcotic substances,It also reflects the people's courts' determination to take a zero-tolerance attitude to protect the people's lives and health and the public interest of the environment in accordance with the law。 Two、The defendant unit: Chongqing Shouxu Environmental Protection Technology Co., Ltd、Case of Environmental Pollution by Defendant Cheng Long et al. [Basic Case Details] The defendant unit, Shouxu Environmental Protection Company, is an enterprise with second-level qualification for industrial wastewater treatment。2013December 5, 2019,Shouxu Environmental Protection Company signed an agreement with Chongqing Zangjinge Property Company,It was agreed that Shouxu Environmental Protection Company would operate the wastewater treatment project of Chongqing Zangjinge Electroplating Industrial Center from December 5, 2013 to January 4, 2018。Shouxu Environmental Protection Company is committed to ensuring that 100% of the wastewater discharged into the sewage treatment station is treated,Ensure that the effluent quality meets the standards after treatment,Eliminate the occurrence of excessive wastewater discharge and direct discharge。In the course of operating the project,The project site management personnel found that there was leakage in the No. 1 regulating tank,Report to Cheng Long, the legal representative of Shouxu Environmental Protection Company。Cheng Long convened a meeting of the project staff,It is required to use the leakage of the No. 1 regulating tank to secretly discharge the electroplating wastewater that has not been fully treated。The project site management then pumped the incompletely treated electroplating wastewater into the No. 1 regulating tank for leakage。2016May 4,The Chongqing Municipal Environmental Supervision Corps found the illegal discharge during an on-site inspection。Monitored by sampling,1Hexavalent chromium in leaking wastewater in the regulating tank、The total chromium concentration exceeded the standard by 29.5 times、9.9fold。 【Judgment Result】 Chongqing Yubei District People's Court held in the first instance,The defendant, Shouxu Environmental Protection Company, violated state regulations,The illegal discharge of pollutants containing heavy metals exceeds the national pollutant discharge standard by more than three times,Serious pollution of the environment,His actions have constituted the crime of polluting the environment。Defendant Cheng Long is the legal representative of Shouxu Environmental Protection Company,He is the person in charge directly responsible for the environmental pollution of Shouxu Environmental Protection Company;The project site management personnel of Shouxu Environmental Protection Company are the personnel directly responsible for the implementation of environmental pollution by Shouxu Environmental Protection Company,All of them constitute the crime of polluting the environment。In view of the fact that the defendants have voluntarily surrendered、Confessions and other plots,Shouxu Environmental Protection Company was fined 80,000 yuan for the crime of polluting the environment;Cheng Long and others were sentenced to fixed-term imprisonment and fined。 Typical significance: This case is a criminal case of water pollution caused by the discharge of sewage into the main stream of the Yangtze River。Chongqing is located in the upper reaches of the Yangtze River and the hinterland of the Three Gorges Reservoir area,The people's courts shall hear environmental resources cases in key areas in accordance with law,Severe punishment and heavy punishment of polluters,Construct an ecological barrier in the upper reaches of the Yangtze River。In this case,Shouxu Environmental Protection Co., Ltd. is an enterprise with industrial wastewater treatment qualification,In the process of entrusted treatment of industrial wastewater,Knowing that there is leakage in the regulating tank,The electroplating wastewater that has not been completely treated is still directly discharged into the main stream of the Yangtze River in the form of leakage,Seriously polluted the water body of the Yangtze River,shall bear criminal responsibility in accordance with law。After Shouxu Environmental Protection Company assumed criminal liability,Chongqing Municipal People's Government、Chongqing Liangjiang Volunteer Service Development Center is based on Chongqing Zangjinge Property Company、Shouxu Environmental Protection Company is a co-defendant,Filed a lawsuit for compensation for ecological and environmental damage and an environmental civil public interest lawsuit,The second defendant was required to bear the costs of ecological environment restoration in accordance with the law,and publicly apologize to the public。The people's courts hear criminal cases and lawsuits for compensation for ecological and environmental damage initiated by provincial and municipal people's governments、Environmental civil public interest lawsuits filed by social organizations,Give full play to the role of environmental resources adjudication functions,It provides a good model for serving and guaranteeing the construction of ecological civilization in the Yangtze River Basin。 Three、Defendant Deng Wenping's environmental pollution case [Basic Facts of the Case] Since February 2016,Defendant Deng Wenping acquired HW11 distillation residue (commonly known as coal tar) without obtaining relevant qualifications,It was transported to its factory located in Dongpo District, Meishan City, Sichuan Province for heating treatment、Packing and reselling。During this period, the defendant Deng Weiping was also employed、Deng Liangru、Ma Chengcai assisted in the transportation、Heating and dispensing。2016July,After the Environmental Protection Bureau of Dongpo District, Meishan City conducted an investigation,Deng Wenping and others have not stopped the processing of coal tar。2017January,The relevant administrative departments of Dongpo District, Meishan City jointly enforce the law,On-site seizure of processing equipment from the processing point、453.08 tons of coal tar and its refined products。Another 200 tons of coal tar have been processed and resold by Deng Wenping。After the four defendants voluntarily surrendered,All can truthfully confess all or most of the facts of the crime。 【Judgment Result】 The Intermediate People's Court of Meishan City, Sichuan Province held in the first instance,Defendant Deng Wenping violated state regulations by illegally disposing of hazardous waste,Serious pollution of the environment,Constitutes the crime of polluting the environment。Deng Wenping illegally disposed of more than 100 tons of hazardous waste,The consequences are particularly severe。According to the role of each person in the joint crime、Surrender and other plots,Deng Wenping was sentenced to three years and two months in prison for polluting the environment,and a fine of 30,000 yuan;Sentenced Deng Weiping、Deng Liangru、Ma Chengcai was sentenced to prison terms ranging from eight months to two years,Probation periods range from eight months to two years,and fines ranging from 8,000 yuan to 20,000 yuan;Deng Weiping was banned、Deng Liangru、Ma Chengcai engaged in activities related to the processing and sale of coal tar during the probation period。 Typical Significance: This case is a criminal case of air pollution caused by illegal disposal of hazardous waste,The people's courts have made useful explorations and innovations in the way cases are adjudicated,It embodies the fight against environmental pollution crimes、Attitude and determination to help win the battle for blue skies。Recently,Regional smog in the Yangtze River Basin、The trend of acid rain has been continuous for a long time,The people's courts need to give full play to the punitive and educational functions of criminal trials of environmental resources,The Yangtze River Delta will be tried in accordance with the law、Air pollution prevention and control cases in key areas such as the Chengdu-Chongqing urban agglomeration,Severe punishment and heavy punishment for air pollution crimes。In this case,Deng Wenping has no hazardous waste disposal qualifications,The processing equipment and processes have not been accepted and approved by the administrative supervision department,In the process of processing coal tar, a large number of toxic and harmful substances are directly discharged into the atmosphere without treatment。The court of first instance combined the criminal conduct of the four defendants and the circumstances of voluntary surrender to impose corresponding penalties at the same time,Considering the professionalism of hazardous waste disposal and the social harm that may be caused by improper disposal,Verdict: Deng Weiping、Deng Liangru、Ma Chengcai was banned from engaging in activities related to the processing and sale of coal tar during the probation period,It embodies the concept of environmental resources trial and prevention。 Four、All-China Environment Federation v. Yichun Zhong'an Industrial Co., Ltd. et al., a public interest lawsuit on water pollution [Basic Facts] The crude indium factory operated by Zhong'an Company does not have the qualification to operate hazardous waste、Failure to obtain approval for environmental impact assessment of construction projects in accordance with the law、It is not equipped with any pollution prevention and control facilities。Zhongan Company signed an agreement with Shantian Company,It was agreed that Shantian Company would provide financial support for Zhong'an's crude indium production,Shantian Company sent personnel to participate in the operation and management of Zhong'an Company and the purchase and sale of business,And agreed on the profit distribution ratio。Zhong'an Company signed a contract with Yanjiang Company,Yanjiang Company illegally supplied 291.85 tons of lead sludge to Zhong'an Company on eight occasions,Shantian Company paid 650,000 yuan to Yanjiang Company for illegal procurement of hazardous waste。Yang Zhijian, the person in charge of Bokai Company, signed a contract with Zhongan Company,Bokai Company will provide head ash to Zhongan Company、Lead sludge,Illegal extraction and utilization。Bokai Company provided 149.14 tons of head ash to Zhongan Company in 12 times。Long Tianyong Company illegally replaced the lead sludge with the nose ash with Zhong'an Company,351.29 tons of head ash were supplied to Zhong'an Company in 17 times。Yanjiang Company、Bokai Company、Long Tianyong provided a total of 792.28 tons of hazardous waste to Zhong'an。Zhong'an company in the production process,will be untreated containing cadmium、thallium、Waste liquid of heavy metals such as nickel and arsenic、wastewater,Through the way of private hidden pipes,It is directly discharged into the Yuan River and Fairy Lake basins,A particularly major environmental emergency that caused the interruption of the water supply of the third drinking water plant in Xinyu City。The All-China Environment Federation (ACEF) filed a lawsuit requesting that the defendants be ordered to immediately stop the illegal transfer、Disposal of hazardous waste,Apologize to the public;Bear the cost of pollution removal and environmental emergency disposal 9263301 yuan;The defendants against Yuan He、The ecological environment of the Fairy Lake basin was restored,and bear the cost of ecological environment restoration 21991610 yuan and the loss of service functions during the ecological environment restoration period、The cost of monitoring is 9952443 yuan。 【Judgment Result】 The Intermediate People's Court of Xinyu City, Jiangxi Province held in the first instance,Zhong'an Company secretly discharged heavy metal pollutants into the Yuan River by setting up hidden pipes privately, which directly led to the pollution of the Yuan River、Ecological and environmental events in the Fairy Lake Basin,There is a significant fault for the consequences of environmental tort damages;Zhong'an Company was financed by Shantian Company for its illegal operation of hazardous waste,Shantian Company is at fault for the consequences of environmental infringement damages;Long Tianyong Company、Bokai Company、The companies along the Yangtze River illegally supplied hazardous wastes to Zhong'an Company,There is also a certain degree of fault for the consequences of environmental infringement damage。Zhongan Company bears the main responsibility,Shantian Company、Long Tianyong Company、Bokai Company、The companies along the Yangtze River bear secondary liability。The defendants were ordered to immediately stop the illegal transfer、Disposal of hazardous waste,Apologize to the public;Reimbursement for emergency disposal costs、Emergency monitoring costs and expert technical consultation fees、Assessment Fee;Bear the cost of ecological environment restoration and compensate for the loss of service functions during the period from damage to the ecological environment to the restoration of the original state;Bear reasonable attorneys' fees。The Jiangxi Provincial High People's Court upheld the original judgment in the second instance。 Typical Significance: This case has made a useful exploration in the determination of the liability of several persons for environmental infringement。There are many rivers and lakes in the middle and lower reaches of the Yangtze River,The ecological function of the basin is seriously degraded,Nearly 30% of the important lakes and reservoirs are in a state of eutrophication,The ecological environment situation is grim。In this case,Zhong'an Company secretly discharged heavy metal pollutants through private hidden pipes, which directly led to particularly major environmental emergencies in the Yuan River and Fairy Lake basins,It is a direct polluter。Zhong'an Company was financed by Shantian Company for its illegal operation of hazardous waste,Long Tianyong Company、Bokai Company、The companies along the Yangtze River illegally supplied hazardous waste to Zhong'an Company,shall bear corresponding responsibility according to their faults。The people's courts are based on polluting the environment、The scope and extent of the ecological damage、The ease with which the ecological environment can be restored、factors such as the degree of fault of the infringing entity,Refer to expert advice,The absolute amount of hazardous waste is used as the basis for the size of the liability,The five companies were held liable on a pro rata basis,and apologized to the public in the provincial media,It effectively guarantees the protection of the water environment and the restoration of the water ecology in key areas。 Five、China Environmental Protection Foundation v. Hyflux Xinquan Water (Yangzhou) Co., Ltd., a public interest lawsuit on water pollution [Basic Facts of the Case] Hyflux Xinquan Company is located in Yangzhou Chemical Industry Park, Jiangsu Province,The business scope is the development of sewage treatment plants、business,It mainly accepts and treats the industrial wastewater of various enterprises in the chemical park and the resettlement community of agricultural songs、Domestic sewage in Qingshan Town。Due to the excessive discharge of pollutants from the wastewater at the outfall (the chemical oxygen demand and ammonia nitrogen content in the discharged wastewater exceeded the standard) from December 22, 2015 to April 14, 2016,The Yizheng Municipal Environmental Protection Bureau has imposed administrative penalties on Kaifa Xinquan Company several times,Hyflux Xinquan Company paid the administrative fine on time。In order to solve the problem of excessive wastewater discharge,Hyflux Xinquan Company has implemented a temporary dosing emergency plan and a long-term stabilization plan,The catalytic oxidation treatment project and the Yangtze River drainage outlet renovation project have been accepted by the builder and the construction party,However, it has not been approved by the environmental protection department。The China Environmental Protection Foundation sued and requested that Kaifa Xinquan Company be ordered to immediately stop the discharge of polluting the water environment and eliminate the danger of water pollution,Compensate for the water environment treatment costs caused by excessive sewage discharge;Publicly apologize to the public。2017July 5,The Management Committee of Yangzhou Chemical Industry Park and Kaifa Xinquan Company terminated the concession agreement for Yangzhou Qingshan Sewage Treatment Plant Project。 【Judgment Result】 The Yangzhou Intermediate People's Court presided over the mediation,The parties reach a mediation agreement:Due to the termination of the franchise agreement,Stop production that pollutes the water environment、It is objectively no longer necessary to discharge and eliminate the danger of water pollution,The China Environmental Protection Foundation agreed to withdraw the claim;Kaifa Xinquan Company compensates for the cost of damage to the ecological environment,It is used for environmental remediation in Yangzhou area,Identify a third-party remediation agency and a remediation plan,The determination of the restoration institution and plan shall be reviewed and approved by the competent department of environmental protection in Yangzhou and reported to the Yangzhou Intermediate People's Court for the record,The remediation plan should be implemented within one year after the review is confirmed,The China Environmental Protection Foundation has the right to supervise the implementation process and effect of the restoration plan;In view of the fact that Kaifa Xinquan Company has taken many measures after the occurrence of excessive sewage discharge and has achieved good results,He apologized in court and said that he would continue to actively promote environmental restoration,The China Environmental Protection Foundation (CEF) understands,Hyflux shall submit a written apology;Attorney's fees and other expenses shall be borne by Hyflux Xinquan;There are no further disputes between the parties。The Yangzhou Intermediate People's Court announced the content of the mediation agreement,During the announcement period, no individual or unit raised any objections。The Yangzhou Intermediate People's Court held after review,The above agreement is in accordance with the law,It does not violate the public interest,Confirmed。 【Typical significance】 High-density layout of heavy chemical enterprises along the Yangtze River Delta region、High population density,The people's courts need to provide services and guarantees for the remediation of chemical pollution along the Yangtze River、Solid waste disposal、Special actions for ecological and environmental protection such as urban sewage and garbage treatment,Hear cases of industrial pollution in urban agglomerations and urban sewage in accordance with the law、Garbage disposal cases,Achieve legal effects、The organic unity of social and ecological effects。In this case,Hyflux Xinquan Company as industrial wastewater、Domestic sewage treatment enterprises,It should consciously fulfill the main responsibility of ecological and environmental protection,Incorporate environmental protection requirements into the business management mechanism,Actively carry out technological innovation and transformation,Only after the sewage treatment reaches the standard can it be discharged into the Yangtze River water body。However, the company still repeatedly discharged pollutants from wastewater from the outlet in excess of the standard and was subject to administrative penalties。After the public interest litigation case is accepted,The industrial park management committee promptly terminated the concession agreement with the polluting enterprise,The further expansion of the consequences of environmental damage is avoided。The people's courts give full play to the dispute resolution function of mediation,Focus on maximizing environmental benefits,Ensure that polluters fulfill their responsibilities for ecological and environmental restoration in a timely manner。 Six、Hunan Yiyang Environmental and Resource Protection Volunteer Association v. Hunan Linyuan Paper Co., Ltd. Water Pollution Public Interest Litigation [Basic Facts] Linyuan Paper Co., Ltd. is located in Zhanghu Reed Farm, Yuanjiang City, Hunan Province,The wastewater generated during the production process is treated by environmental protection facilities and discharged into Dongting Lake through the Caowei River。2016October 17,Linyuan Paper began upgrading its pollution treatment facilities。12January 1st,In the construction of aeration system infrastructure works,Due to the large difference between the liquid level of the aeration tank and the anaerobic tank, cracks appear in the isolation steel plate,As a result, part of the wastewater overflowed into the wastewater discharge pipeline of the original Zhanghu Paper Mill that had not been completely demolished through the aeration tank and entered the Caowei River。However, Linyuan Paper Company did not immediately shut down、Production、Emergency measures such as emission restrictions。12May 4th,The isolation steel plate between the aeration tank and the anaerobic tank suddenly breaks,Causing the liquid level of the aeration tank to rise,As a result, a large amount of wastewater directly entered the Caowei River through the wastewater discharge pipeline of the original Zhanghu Paper Mill,It flows into Dongting Lake。Same,The Yiyang City Environmental Supervision Detachment conducted an on-site investigation after receiving reports from the masses,Inlet in a concealed pipe、Water samples are taken from the sewage outlet for testing,The report shows the chemical oxygen demand (COD) at the outfall and at the inlet of the concealed pipe (untreated wastewater outlet).、Suspended solids、The total phosphorus suspended solids exceeded the standard。Linyuan Paper Company stopped production on the same day、Emergency measures to stop the discharge,And on December 5, the wastewater discharge pipeline of the original Zhanghu Paper Mill was dismantled and blocked with concrete。In order to ensure the stable discharge of pollutants, Linyuan Paper Company meets the discharge standards,The construction of a new sewage treatment project was commenced in April 2017。The Yiyang Environmental Protection Association filed a public interest lawsuit,It is requested that Linyuan Paper Company be ordered to remediate the polluted water environment elements,and bear the cost of ecological environment restoration (subject to judicial appraisal);Bear the cost of pollution detection and inspection、Appraisal fee、Travel expenses、Specialist consultation fee、Case Acceptance Fee。 ...
