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    Home > Chemicals Industry > China Chemical > The Supreme Law Releases Typical Cases of Environmental Resources of People's Courts in 2020

    The Supreme Law Releases Typical Cases of Environmental Resources of People's Courts in 2020

    • Last Update: 2021-06-22
    • Source: Internet
    • Author: User
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    The People's Court hears criminal cases caused by the illegal use of controlled ozone-depleting substances to pollute the environment, and environmental civil public interest litigation cases caused by the dumping of domestic garbage, waste acid and oil residues and other solid wastes to help in-depth fight for pollution prevention and control; Civil public interest litigation cases triggered by illegal fishing of aquatic products in Chaohu Lake, illegal sand mining in Dongting Lake, etc.
    , ensure the implementation of the 10-year ban on fishing in the Yangtze River, and maintain the stability of the Yangtze River ecosystem and the safety of the ecological environment.
    .
    .

    On June 4, the Supreme People's Court released the 2020 People's Court Environmental Resource Typical Cases, which collectively reflected the focus of the People's Court's environmental resource trial work in 2020
    .

    "Zero tolerance" to crack down on ODS violations

    "Zero tolerance" to crack down on ODS violations

    【Basic case】

    Minghe Company is mainly engaged in the production of polyurethane rigid foam combined polyether insulation materials, and the wholesale and retail of polyurethane insulation materials.
    The legal representative is Qi
    .


    From August 2017 to June 2019, when Qi knew that trichlorofluoromethane was a controlled ozone depleting substance and was banned for production and use, he still bought it from others and used it to produce polyurethane rigid foam by the company Combination of polyether insulation materials


    The People's Court of Deqing County, Zhejiang Province held that Minghe Company violated national regulations by using trichlorofluoromethane for the production and sale of thermal insulation materials, which seriously polluted the environment, and its actions constituted a crime of environmental pollution
    .


    Qi knew that trichlorofluoromethane was forbidden to be used in production, and actively purchased and sold insulation materials used in the company's production, causing serious environmental pollution.


    【Typical Significance】

    This case is the country's first criminal case of environmental pollution that was sentenced to a real sentence for illegal use of controlled ozone-depleting substances (ODS)
    .


    Trichlorofluoromethane (commonly known as Freon) is a controlled ozone-depleting substance, which is a harmful substance that pollutes the atmosphere


    The correct trial and judgment of this case clearly shows that the People’s Court has severely cracked down on the “zero tolerance” attitude of ODS violations, and has a good disciplinary, warning and educational effect on polyurethane foam and other related industries and the general public, reflecting the judiciary’s firm commitment to safeguarding the global ozone layer.
    Protect the achievements and promote the responsibility of building a community with a shared future for mankind
    .

    Reflect the concept of equal emphasis on punishment and restoration

    Reflect the concept of equal emphasis on punishment and restoration

    【Basic case】

    Xia and other 15 people drove 3 sand mining boats to illegal sand mining in the lower lake area of ​​Dongting Lake for illegal profit
    .


    After identification, the impact of illegal sand mining on the ecological environment of the sand mining area is divided into damage to the quality of water environment, damage to river bed structure, damage to water conservation and damage to aquatic biological resources, of which the loss of aquatic biological resources is 26,500 Yuan, the cost of repairing damage to aquatic biological resources and damage to river bed structure and water conservation were 79,700 yuan and 8,656,100 yuan, for a total of 8,735,800 yuan


    The Yiyang City Intermediate People's Court held that Xia and other 15 persons had not obtained mining licenses in accordance with the law and exploited national mineral resources without authorization, which constituted illegal sand mining, and therefore caused damage to the ecological environment of the sand mining area and should be compensated
    .


    The first-instance verdict Xia shall be liable for compensation for the ecological environment restoration costs of the sand-mining water area caused by illegal sand mining of 8.


    【Typical Significance】

    This case is an environmental civil public interest lawsuit caused by illegal sand mining in the Dongting Lake area
    .


    The illegal sand mining behavior of Xia and others seriously threatened the stability of the Dongting Lake bed and the safety of flood control, and destroyed the environment for the growth and survival of the aquatic biological resources of the Yangtze River and the ecological environment of Dongting Lake


    While investigating criminal responsibility for illegal sand mining in another case, the People’s Court has also played the trial function of civil public interest litigation, ordering illegal sand mining personnel to bear civil liability, compensation for damage to the ecological environment and an apology, which reflects the equal emphasis on punishment and restoration, and overall planning.
    The application of modern environmental justice concepts of criminal and civil legal liabilities has played an important guiding role in creating a social atmosphere that protects the clear waters of a river
    .

    Judicial Solution to the Difficulties of "Garbage Siege"

    Judicial Solution to the Difficulties of "Garbage Siege"

    【Basic case】

    Li is the actual investor and operator of Weijie Waste Comprehensive Treatment Plant in Huadu District, Guangzhou City, Guangdong Province
    .


    On behalf of Weijie Garbage Factory, Li signed a land lease agreement with Sanlian Zhuhu Economic Cooperative in Tanbu Town, Huadu District, Guangzhou City.


    The People's Government of Huadu District, Guangzhou City set up a working group to carry out preliminary remediation of the garbage dump.
    The project cost is about 3.
    486 million yuan
    .


    In the rectification and treatment stage, the local government commissioned the winning enterprise consortium to complete the main cleanup and rectification work by the end of September 2020 through government procurement, and complete the cleanup and rectification work and pass the acceptance before December 20 of the same year.


    The Guangzhou Intermediate People’s Court held that the Weijie Garbage Factory, which operates ecological protection and environmental governance, was driven by profit, ignored the public interests of the society, and arbitrarily discarded the original garbage, which caused continuous damage to the ecological environment in the past ten years.
    The ecological environment cannot be restored in a short period of time
    .
    The first instance verdict that Weijie Garbage Factory paid the site’s ecological environment restoration costs, service function loss costs, appraisal fees and other reasonable expenses totaling approximately 131 million yuan.
    Li assumes supplementary responsibility for the above-mentioned debts.
    Weijie Garbage Factory and Li Publicly apologize in the provincial media
    .
    The first-instance judgment of this case has become legally effective
    .

    【Typical Significance】

    This case is an environmental civil public interest litigation case involving rural solid waste pollution
    .
    In recent years, the problem of domestic waste disposal has become increasingly prominent, and the society has paid wide attention
    .
    In particular, as solid waste, domestic garbage can be transported and landfilled, and its pollution behavior is more concealed, and it is difficult to be found and investigated
    .
    In this case, the perpetrator dumped a large amount of untreated garbage and slag generated after garbage incineration into rural land, which lasted for ten years, causing serious harm to the rural ecological environment and agricultural product safety, and the impact was extremely bad
    .

    The People’s Court ordered the garbage factory to bear the repair costs, service loss, appraisal fees, and other reasonable expenses.
    The operators also have to bear supplementary responsibilities, providing a judicial example for implementing the most stringent system and the strictest rule of law concept to protect the ecological environment.

    .
    The handling of this case has also greatly deterred the smuggling and burying of domestic waste into rural areas.
    The way of entrusting third-party organizations to clean up and rectify has also provided solutions to the ecological environment governance problems faced by rural areas, implements the concept of green development, and serves rural revitalization.
    Judicial experience has also issued judicial warnings to further standardize the disposal of urban domestic garbage, enhance the people's awareness of environmental protection, and solve the difficulties of "garbage siege"
    .

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