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。
一审开庭被告主要辩称意见被驳回
2017July，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：19名被告人与两家被告单位受刑事处罚
在江苏泰州这次环境污染事件中，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：环境资源案件归口审理
最高人民法院正在积极推动环境资源案件归口审理，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。
环境公益诉讼呈现新类型
最高人民法院介绍，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。（央视记者 奚丹霓 侯西魁）
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