The environmental protection equipment was put into production without completing the equipment and was fined 40,000 yuan，南通一粮食加工企业状告环保局败诉
扬子晚报讯（通讯员 顾建兵 刘昌海 记者 于英杰）中炊公司在配套环境保护设施未建成的情况下，Unauthorized production。After the environmental protection department discovers it, it will file a case for review，and ordered the suspension of production、A penalty of 40,000 yuan was decided。The company was not convinced，It is considered that the relevant provisions on which the penalty decision was based have been revised，The environmental protection department made a penalty decision based on the "old law" and applied the law incorrectly，and file an administrative lawsuit accordingly。10May 31st，The Nantong Intermediate People's Court upheld the final judgment of the first instance in this environmental administrative penalty case，The facts of the penalty decision made by the Rugao Environmental Protection Bureau are clear、The evidence is sufficient、The procedure is legitimate，Applicable law is correct，Penalties are appropriate，The plaintiff's claim was dismissed。
Zhongwei Company is a company engaged in rice processing in Rugao City, Jiangsu Province、Wholesale and retail businesses of pre-packaged food。2016April 22，The Rugao Municipal Administrative Examination and Approval Bureau approved the environmental impact report form for the expansion of the grain drying project of Zhongwei Company，The project is required to strictly implement the "three simultaneous" system，Implement various environmental protection measures in place，Ten working days before the trial production, fill in the "Environmental Protection Report Form for Trial Production of Construction Projects" and report to the Rugao Municipal Administrative Examination and Approval Bureau and the Environmental Protection Bureau for the record，Commissioned acceptance monitoring within three months of the trial production period，Complete the completion and acceptance of environmental protection projects。
2017June 13，When the law enforcement officers of the Rugao Environmental Protection Bureau went to Zhongwei Company for law enforcement inspection，It was found that the company's expanded grain drying project had been put into production in November 2016，However, environmental protection facilities have not been built。
2017July 16，The Rugao Environmental Protection Bureau filed a case against Zhongwei Company for violating the "three simultaneities" of environmental protection。October 12 of the same year，The Rugao Environmental Protection Bureau held a hearing based on the company's application。
2017October 20 ，Rugao Environmental Protection Bureau made the Gaohuan Penalty Zi [2017] No. 159 Administrative Penalty Decision (hereinafter referred to as the No. 159 Penalty Decision)，It was determined that the company had not completed the supporting environmental protection facilities for the grain drying project，It was put into production in November 2016，Violation of the Regulations on the Administration of Environmental Protection of Construction Projects (effective November 29, 1998，hereinafter referred to as Article 20 of the 1998 Regulations、Article 23。In accordance with article 28 of the 1998 Regulations，Ordered the company to stop the production of the grain drying project，and imposed an administrative penalty of a fine of 40,000 yuan on Zhongwei Company。
Zhongwei Company thinks，The machines used in its grain drying project are inherently dust-removal，There is no dust effect on the surrounding environment，The Rugao Environmental Protection Bureau determined that the facts of its violation were unclear，Thin gruel。1998The regulations have been amended，It came into force on October 1, 2017 (hereinafter referred to as the 2017 Regulations)，The Rugao Environmental Protection Bureau punished him under the 1998 Regulations, and applied the law incorrectly。
For this，Zhongkang Company filed an administrative lawsuit with the Hai'an Municipal People's Court，Request for revocation of Penalty Decision No. 159。
The Hai'an Court held in the trial，The existing facilities of Zhongwei Company did not meet the standards and requirements stipulated in the reply of the Rugao Municipal Administrative Examination and Approval Bureau，and it failed to provide evidence to prove that the facilities had been accepted，The facts of Zhongmai's violation of the law are clear。On the issue of the application of law in this case，After the Rugao Environmental Protection Bureau filed a case against Zhongfang Company's behavior，Before the Penalty Decision No. 159 was made，The State Council has revised the Regulations on the Administration of Environmental Protection of Construction Projects。The Rugao Municipal Environmental Protection Bureau follows the rule that "the provisions of the old law shall be applied to substantive issues".，It is not improper to characterize and punish the illegal acts of Zhongkang Company in accordance with the regulations before the amendment，Therefore, the court dismissed the litigation claim of Zhongfang Company。
The company was not convinced，Appeal to the court of second instance。The Nantong Intermediate People's Court upheld the original judgment after trial。
■连线法官■
行政行为的合法性按“实体问题适用旧法”审查
本案主要的争议焦点是，The "Regulations on the Administration of Environmental Protection of Construction Projects" after the investigation of the administrative punishment involved in the case、The penalty decision was amended before it was made，如皋市环保局依据修订前的条例作出处罚决定书是否合法？
on this，The judge who presided over the case in the first instance、Tang Xiao, vice president of the administrative tribunal of the Hai'an Municipal Court, said，The Minutes of the Symposium of the Supreme People's Court on Issues Concerning the Application of Law and Norms in the Trial of Administrative Cases (Fa Fa No. 200496) have made it clear：The conduct of the administrative counterpart occurred before the implementation of the new law，Specific administrative acts are made after the implementation of the new law，When the people's courts review the legality of specific administrative acts，The provisions of the old law apply to substantive issues，Procedural issues are governed by the provisions of the new law，However, the following cases are excluded：(1) Law、Laws or regulations provide otherwise；(2) The application of the new law is more conducive to protecting the lawful rights and interests of the administrative counterpart；(3) The substantive provisions of the new law shall be applied according to the nature of the specific administrative act。
In this case，The plaintiff, Zhongwei Company, had not completed the supporting environmental protection facilities，The main project will be put into production，Whether under the 1998 Regulations or the 2017 Regulations，All of their actions constitute illegality。For the offense，1998Article 28 of the Regulations，Violation of the provisions of these Regulations，The environmental protection facilities that need to be built for the construction project have not been completed、It has not been accepted or the experience is unqualified，The main project is officially put into production or use...... Order to stop production or use，A fine of up to 100,000 yuan may be imposed。2017Paragraph 1 of Article 23 of the Regulations，Violation of the provisions of these Regulations，Environmental protection facilities that need to be built have not been completed、It has not been accepted or has failed to pass the acceptance，The construction project is put into production or use...... Order corrections to be made within a time limit，A fine of between 200,000 and 1,000,000 yuan shall be imposed；Failure to make corrections within the time limit，A fine of between 1 million and 2 million yuan shall be imposed；to the person in charge who is directly responsible and other responsible personnel，A fine of between 50,000 and 200,000 yuan shall be imposed；Causing major environmental pollution or ecological damage，Order to stop production or use，or report to the people's government with the right to approve for approval，Ordered to close。therefore，If the least serious circumstance is based on Article 23 of the 2017 Regulations, it will be ordered to make corrections within a time limit，and a fine of between 200,000 and 1,000,000 yuan，Penalties were imposed on the company，It will inevitably be heavier than the penalty result of Penalty Decision No. 159。Therefore, the Rugao Environmental Protection Bureau applied the 1998 regulations to punish Zhongwei Company，The extent of the penalty imposed on the company was not increased，And it embodies the principle of starting from the old and light，Comply with the rule that "the provisions of the old law apply to substantive issues".，Penalties are appropriate。
source： 扬子晚报
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