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Triple Enlightenment from the "Trans-provincial Waste Recycling Case"

来源:河南日报 作者: 夏远望 阅读:392 网友评论0 Updated: 2019-12-10 12:08 Source: Henan Daily Author: Yuan Wang Xia reading: 392 2010 0 comments

The illegal dumping of industrial waste across provinces has exceeded 7,000 tons, causing public and private property losses and ecological restoration costs exceeding 10 million yuan. Recently, the first case of the "1 29" inter-provincial illegal dumping of solid waste and polluted the environment in Wuhu, Anhui was sentenced in the first instance. The two companies in Zhejiang were severely punished with more than 11 million for environmental pollution. At the same time, the Sanshan District People's Court of Wuhu City made a first-instance judgment on a civil suit attached to a criminal incident.

In recent years, cross-provincial cases of stealing garbage have occurred frequently. In 2018, the Guangxi Department of Ecology and Environment alone reported 20 cases of illegal dumping and disposal of solid wastes and hazardous wastes across provinces. Why does dumping garbage across provinces be like no one? On the one hand, national environmental protection policies are becoming more and more stringent. In some developed coastal areas, illegal large-scale dumping of garbage is almost impossible. In some areas of the mainland, especially remote mountainous areas and rural areas, supervision is relatively weak, and “uphills and downhills” have become a new path for criminals. Choice; on the other hand, the benefits of smuggling garbage across provinces are huge. Taking this case as an example, the treatment of one ton of industrial solid waste in Zhejiang is about five to six hundred yuan. In Anhui, the waste disposal fee charged by criminal gangs is only more than two hundred yuan. Some enterprises or individuals, in order to reduce production costs or obtain low disposal costs, ignore national laws, jointly carry out cross-regional or environmental pollution crimes, and form a chain of criminal interests, which is an important reason for the frequent occurrence of cross-province dangerous waste transfer crimes. .

This cross-province illegal dumping of solid waste and polluting the environment has at least tripled its enlightenment.

Environmental "long teeth" is by no means empty talk. In recent years, courts at all levels have unprecedentedly increased punishment for crimes that pollute the environment. In this case, the two defendants were sentenced to fines of RMB 4 million and RMB 7 million, respectively, and the maximum of 11 defendants was sentenced to five years and six months. In another recent case of serious damage to the ecological environment, several defendants were sentenced and at the same time demanded to bear up to 14.46 million yuan in ecological restoration costs. On January 1, 2015, the revised "Environmental Protection Law of the People's Republic of China" was formally implemented, and has been hailed as the strictest environmental protection law in history. The daily penalty system, personal coercive measures for administrative detention, etc., are changing environmental protection. "The cost is high, the cost of breaking the law is low." Companies, enterprises, and individuals who sacrifice environmental resources in exchange for economic benefits are resolutely punished in accordance with the law, and continue to increase economic sanctions on environmental pollution crimes.

The environmental public interest litigation system needs to be further improved. Cases of illegal dumping of garbage across provinces are generally reported by the local people, the public security department is involved, and the procuratorial organs file public interest lawsuits in the environmental field as plaintiffs. According to relevant laws, any organization or individual can infringe on public environmental interests in order to safeguard national and social interests. The man was pushed to the dock. There are very few non-governmental organizations that file environmental public interest litigations because environmental litigation costs are very high. Coupled with the proof of causality, it often involves the comprehensive use of high-tech knowledge and methods. The cost is huge, not ordinary. The members of the society can pay in advance. If the appraisal fee involved in this case is more than RMB 840,000. Non-governmental supervision is an extremely important part of environmental protection. Establish and improve the incentive mechanism for public interest litigation, and give the plaintiffs a certain reward if the lawsuit is reasonable, legal, and meaningful. In environmental public interest litigation, the procuratorate first appraises and charges, which is beneficial to Encourage more people to strive for environmental protection "woodpeckers" and better safeguard social welfare.

Establish a market-oriented and diversified ecological compensation mechanism. Cross-province illegal dumping of industrial waste is certainly a warning, but if it is a legal market-oriented process of industrial waste, then inter-provincial actions are also possible and worthy of encouragement. Different regions have different endowments in terms of hardware and software facilities for waste treatment, and they can cooperate across regions in accordance with market laws. At present, many practices have been carried out at the level of market transactions in the country. Emission, water, and carbon emissions trading is relatively mature. The rivers in Xin'an River and Dongjiang River Basin are compensated horizontally. "Wetland reserve transactions" have accumulated relatively good experience and practices. We should explore and establish a scientific and perfect compensation index system for waste disposal, and promote the optimal allocation of waste classification and treatment markets.

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