Environmental protection was stopped at the national level, and all provinces expressed their solidarity
Last Update: 2019-05-14
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Recently, the general office of the Ministry of ecology and environment issued a notice to solicit opinions from the public on doing a good job of guiding enterprises to abide by the law (Draft for comments) The opinions clearly requires that the internal "first responsibility system" of the unit be established, and relevant matters shall be "informed at one time" to the administrative counterpart; measures such as sealing up and detaining shall be used with caution for general illegal acts, and simple and rude acts such as "all top punishment", "all shutdown" and "stop first and then" shall be strictly prohibited The "one size fits all" style of work seems to be vigorous, but in fact, it is a disguised lazy administration Some localities and units have turned their meticulous and long-term environmental governance work into a simple and rough unified shutdown to cope with In fact, they have shifted their original responsibilities to the burden of the masses and enterprises Although the purpose of pollution control is for the people, the people pay the bill at last For example, in 2017, in Beijing, Tianjin and Hebei alone, more than 176000 "scattered pollution" enterprises were shut down before the end of September Environmental protection law enforcement is a good thing, but the demolition, shutdown and aftermath work are not in place, which makes the original significant "action to protect the blue sky" become the lament of numerous small and medium-sized private enterprises It is not easy for enterprises to survive under strict environmental protection inspection In this "one size fits all" storm, how many legitimate enterprises have been "killed by mistake" Fortunately, at the national level, the one size fits all approach to environmental protection has brought good news to many small and medium-sized enterprises The Ministry of ecology and environment has issued a document, and all provinces have banned "one size fits all"! First of all, the Ministry of environment has issued an official document Then the people's daily expressed solidarity Other provinces have issued a circular banning "one size fits all" Minister of the Ministry of environment: no ordinary inaction is allowed, and random actions are not allowed during supervision Before that, the Ministry of ecological environment disclosed the specific contents of environmental protection supervision in 2018, in which 18000 people (Times) were dispatched to make the environmental protection supervision in 2018 ignite on the Internet instantly, and various media reported one after another The environmental protection supervision in 2018 will leave behind the environmental protection storm in 2017 by three times, leaping to the largest environmental protection supervision in the latest history It can be said that on the one hand, there will be the largest environmental supervision, and on the other hand, there will be the strictest "one size fits all" ban on environmental protection The environmental storm in 2018 is setting off In fact, at the press conference held at the second session of the 13th National People's Congress in March this year, a reporter asked the Minister of the Ministry of ecological environment, "last year, the central environmental protection supervision achieved full coverage, and the results were recognized However, the public is still worried about the direct" one size fits all "shutdown of enterprises in some places because of the fear of supervision." The Minister of the Ministry of ecological environment said that "one size fits all" is a typical representative of formalism and bureaucratic attention in the field of ecological environment protection, which the Ministry of ecological environment firmly opposed and strictly prohibited! In August 2018, the people's Daily published the article "one size fits all" may be lazy politics It believed that "one size fits all" was simply and roughly carried out regardless of the actual situation It seemed that the implementation of the policy was swift and violent, but in fact, it only focused on its own convenience, regardless of the convenience of the masses To avoid "one size fits all" divorced from reality, we need to make more efforts to "embroider", overcome the thinking of quick success and instant benefit, and refuse the lazy administration of only trying to save troubles It can be seen that the "one size fits all" approach has attracted the great attention of the central government If the relevant local departments do not correct it, they can only say that it runs counter to the central tone, which is bound to cause the dissatisfaction of the masses and enterprises In the "one size fits all" campaign, small and medium-sized enterprises will be injured According to the national statistics, we can know that at present, there are 40 million small and medium-sized enterprises in China, accounting for 99% of the total number of enterprises, contributing 60% of China's GDP, 50% of taxes and 80% of urban employment Similarly, in the world, small and medium-sized enterprises are the main force of a country's economy and the most valued group In the EU, there are more than 20 million SMEs, accounting for 99.8% of the total number of EU enterprises 92.2% of them are micro enterprises with less than 10 employees However, since 2016-2017, in the context of capacity reduction and supply side reform, the majority of small and medium-sized enterprises in many industries have become the target of capacity reduction, especially in the case of smog, small and medium-sized enterprises have been shut down in a "one size fits all" manner Therefore, the vulnerable small and medium-sized enterprises have to carry out a round of transformation and upgrading and structural adjustment under the "one size fits all" high-pressure situation in order to meet the environmental protection requirements But the reality is that these small enterprises are often the most short of funds Under the pressure, they can only borrow to upgrade the environmental protection of enterprises, which leads to the high debt potential that will push them to the abyss of bankruptcy once their debt chain breaks And now the self-employed small enterprises are basically the people of the Post-70s and post-80s, who shoulder the livelihood of a family of three generations No wonder they lament: "like this, how can we live?" A series of strict environmental inspections have also led to many complaints about people's livelihood After the factory was forced to close down due to environmental protection problems, the workers were faced with layoffs, which also increased the competition in the labor market in disguise, and would inevitably lead to further decline in the wages of the workers However, they have no choice but to continue their life Their children need to go to school, and their parents need to be kind What should we do? Therefore, if we don't pay attention to and solve the "one size fits all" problem, it is likely to cause more serious problems of people's livelihood, such as "the tide of bankruptcy, the tide of unemployment and the tide of wage reduction" It can be said that "one size fits all" may not bring about the improvement of the environment first, but the recession of the overall economy! It's not hard to understand why some media have proposed the title of relevant news as "shut down all enterprises, and when the air is good, let's drink together!" , which makes sense The local government has rights, but the enterprise can protect them Let's talk about whether the local government has the right to shut down the enterprises and whether the victims who have laid down their guns innocently or may be about to lay down their guns can recover the losses 1 Does the local government have the right to shut down? The answer is: Yes But there are two common problems: abuse of power and disobeying rules 2 Abuse of power It should not be closed What is abuse of power That is, indiscriminately implement excessive operations such as centralized shutdown, shutdown, etc In the current action of pollution control, there is a trend of shutting down pollution enterprises Due to the high pressure of environmental protection, there is a tendency of "one size fits all", pursuing efficiency and neglecting procedural requirements in the practice of law enforcement 3 Do not act in accordance with the rules When dealing with the violation, you are also violating the law What is not following the rules? There is also a big saying in law, called "illegal procedure" That is to say, even if there is a problem, the local government should follow the procedure when enforcing the law, and never go anywhere The law enforcement depends on one mouth I said that the law must be closed immediately These reckless and arbitrary law enforcement methods are strictly prohibited in this ban Article 42 of the administrative penalty law stipulates that before the administrative organ makes the decision of administrative penalty, such as ordering to stop production or business, revoking the permit or license, or imposing a large amount of fine, the party concerned shall be informed of the right to request a hearing Where a party requests a hearing, the administrative organ shall organize the hearing For those administrative punishments involving the significant interests of the administrative counterpart, hearing is their legal right If someone says "stop before you say" to you when you meet local law enforcement, then the other party just doesn't follow the rules The law doesn't "stop before you say" This kind of simple and rude behavior is also the target of the state's key rectification Environmental protection must be strictly checked But strict investigation is not blind investigation! Now the situation is that after a gust of supervision, some of the work that must be strictly checked has started Some of the equipment that can't be used to pollute the environment will be dismantled, sealed or even destroyed Environmental law enforcement should be targeted, so that environmental protection can be powerful and popular Generally, if a factory with pollution is closed, the enterprise owner will feel hurt and not convinced No pollution, was sealed off, in addition to economic losses, the heart is also full of deep disappointment 4 Can the victims who have been or are about to be shot in the face of a knife, except for being dumb, protect their rights? The answer is: sure From last year to now, a considerable number of these enterprises have been injured by mistake For those enterprises or individuals who have taken the "one size fits all" approach to environmental protection, they can safeguard their rights in accordance with the law Such enterprises do not violate the law in a strict sense You can ask for administrative compensation You can compensate for the amount of time and amount of loss you have suffered Even if the other party is doing things in a so-called legal state, it will also involve administrative compensation, which can also be applied for Therefore, law enforcement agencies must also comply with the requirements of legal procedures, otherwise they will pay for the wrong behavior.
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