Industry News
Jiangsu High Court issued the typical case of the top ten environmental resources in 2018, and the Jiangsu Provincial Government v. Haide Chemical was selected.
Modern Express News (correspondent Shen Fa reporter Gu Yuansen) On May 23, Jiangsu Higher People's Court issued the typical case of the top ten environmental resources trials in 2018, including the Jiangsu Provincial Government v. Anhui Haide Chemical Technology Co., Ltd. Others have been involved in the case of dumping domestic garbage pollution in the Yangtze River, and using a case of environmental supervision and bribery. In 2018, the province's courts accepted 8,596 first-instance environmental resources cases, an increase of 150.4% year-on-year, and 7,786 cases were closed, an increase of 136.8% and a settlement rate of 90.58%. The number of criminal cases involving environmental resources in the first instance was 1,393, and 1,128 cases were closed, and 3,077 polluters were investigated for criminal responsibility. The total cost of compensation for environmental damages for polluters was 119 million yuan.
The discharge of waste liquid into the Yangtze River led to large-scale water cuts, and the provincial government made the plaintiff sued the enterprise.
From April to May 2014, Yang Hai, the marketing manager of Anhui Haide Chemical Technology Co., Ltd. (hereinafter referred to as Hyde), divided the 102.44 tons of waste lye produced in Hyde's production process at a price of 1,300 yuan per ton. Li and others who are not qualified for hazardous waste disposal are disposed of by Li and others at a price ranging from 500 yuan to 600 yuan per ton to unqualified Sun, Ding and others. The above-mentioned waste lye is discharged into the Yangtze River system without being disposed of, which seriously pollutes the environment. Among them, the 20 tons of waste lye discharged into the Yangtze River caused the centralized water source in Jingjiang City, Jiangsu Province to interrupt the water intake for more than 40 hours; the 53.34 tons of waste lye discharged into the Xintongyang Canal led to the concentration of urban area in Xinghua City, Jiangsu Province. The drinking water source was interrupted for more than 14 hours. The relevant departments of Jingjiang City and Xinghua City respectively took emergency measures. People such as Yang and Li have constituted the crime of polluting the environment and were investigated for criminal responsibility according to law. After assessment, three water pollution incidents caused a total environmental damage of 171.3226 million yuan.
The first-level people's court of Taizhou City of Jiangsu Province judged Haide Company's compensation for environmental restoration costs of 36.769 million yuan, the loss of ecological environment service function of 18.18.95 million yuan, and the evaluation and appraisal fee of 260,000 yuan. The above-mentioned expenses totaled 54.828 million yuan, and it was paid to Taizhou City Environmental Public Interest Litigation Fund. Account. On the basis of maintaining the judgment of the first instance, the Higher People's Court of Jiangsu Province judged that Hyde Company could perform the payment of compensation in installments after providing effective guarantees.
Inter-provincial dumping of domestic garbage to the Yangtze River, the defendant was fined a maximum of 1 million yuan
From August to December 2016, the person in charge of Tianshun Garbage Clearance Service Co., Ltd. of Tongxiang City, Zhejiang Province, and the shareholder Ni Mou and Zhou Mou, together with other personnel of Tianshun Company, knew that Zhang, Hong and others (other cases handled) had no life. In the case of garbage disposal qualifications, domestic garbage was disposed of by Zhang and Hongmou at a price significantly lower than the legal disposal cost, resulting in more than 20,000 tons of domestic garbage being directly thrown into the Nantong section of the Yangtze River and the Taicang section, 22,800. Tons of domestic garbage were transported to illegal landfills in Huzhou, Zhejiang, and Dangtu, Anhui Province, causing serious environmental pollution.
It has been identified that the domestic waste illegally disposed by Tianshun Company is solid waste containing toxic and harmful substances. After the above-mentioned garbage was dumped or landfilled, the Taicang City Government of Jiangsu Province, the Chongming District Government of Shanghai, and the Dangtu County Government of Anhui Province spent huge amounts of manpower, material resources and financial resources to dispose of related garbage in order to prevent pollution. The cost of salvaging or excavating, clearing, disposing of related garbage and environmental restoration is over ten million yuan.
At the end of last year, the Changshu Municipal People's Court made a criminal judgment and sentenced 10 people, including Ni, to a sentence of six months to six months and six months in prison for environmental pollution, and imposed a fine of 10,000 yuan to 1 million yuan. At the same time, it was sentenced to confiscation of illegal income.
The criminal offences involved in the case were cross-river and Zhejiang provinces. For this reason, the two provinces and three places exchanged indictments, checked files, audited trials, adoption of important evidence, and exchange of opinions on facts. The judicial protection of environmental resources integration in the Yangtze River Delta region has been explored.
The deputy head of the Environmental Monitoring Brigade took bribes and was sentenced to 3 years in prison.
During the period from 2005 to 2016, You was used as the deputy head of the environmental monitoring team of the former Jiangyan Environmental Protection Bureau, the deputy squadron leader of the squadron (presiding), the squadron squadron leader, and the squadron leader of the development zone squadron. The daily supervision of environmental pollution has taken advantage of other people's interests. It has requested or illegally accepted the property sent by others 36 times in total, with a total value of 235,400 yuan, and has taken advantage of other people's daily environmental supervision, complaints and investigations.
To this end, the court sentenced a certain crime to accept bribery, sentenced to three years in prison, and fined 260,000 yuan; confiscation of the case involving 230,450 yuan, and the apple 5 mobile phone.
This case is a typical case in which environmental law enforcement officers abandon environmental supervision duties in order to obtain illegal benefits and thus be investigated for criminal responsibility. Severely crack down on the crimes committed by law enforcement agencies in the ecological environment, and investigate the criminal responsibility of those who have failed in administrative supervision according to law. This is an important guarantee for the most stringent system and the strictest rule of law requirements to take root.
Jiangsu Court 2018 Top Ten Environmental Resources Trial Typical Cases
1. The People's Government of Jiangsu Province v. Anhui Haide Chemical Technology Co., Ltd.
2. The People's Procuratorate of Dantu District, Zhenjiang City v. Zhu et al.
3. Ni Mo and others cross the province to dump the domestic garbage pollution environment in the Yangtze River
4, Wu and others polluted the environment
5. The defendant Gao et al. illegal mining case
6, a certain use of environmental supervision authority bribery case
7. Changzhou Deke Chemical Co., Ltd. v. Original Environmental Protection Department of Jiangsu Province, former Ministry of Environmental Protection of the People's Republic of China and Everbright Changgao Environmental Protection Energy (Changzhou) Co., Ltd.
8. People's Procuratorate of Sucheng District, Suqian City, Jiangsu Province v. Shuyang County Agricultural Committee does not perform the statutory duties of forestry supervision and management.
9. The County Procuratorate v. the County Agricultural Committee does not perform its statutory duties.
10. Zhenjiang Dantu District Environmental Protection Bureau applied for enforcement of the administrative punishment case against Jiangsu Huayuan Coking Co., Ltd.
(Editor Wang Peng)