In 2016, the first batch of central environmental protection inspectors examined the implementation of environmental protection in various places. A total of 3422 people were held accountable, 310 people were detained for destroying ecology and polluted environment, 2176 people were interviewed, and the total fine was 198 million yuan.
The recent prosecutor seminar held recently revealed that in the first half of this year, the national procuratorate prosecuted 15,987 people who pollute the atmosphere, water, soil and other environmental resources, up 8.3% year-on-year.
At the end of last month, the Ministry of Ecology and Environment notified the implementation of environmental administrative penalties in the first half of 2018. From January to June, the national environmental administrative punishment cases issued a total of 72,192 decision-making penalties, and the amount of fines and penalties was 5.85 billion yuan.
How much penalties are imposed on polluting enterprises? How is China's environmental protection pattern changing?
The rising people’s environmental protection enthusiasm
When it comes to China's environmental protection, it will not be able to circumvent the problem of air pollution. The smog that ravaged North China and East China in 2013 made many people feel the serious consequences of polluting the environment.
In the past, people's information about environmental quality mainly came from the direct experience of individuals: spring dust storms overwhelming, the earth covered by yellow mist, the pain or discomfort of the throat and facial skin... the feeling of air pollution is easier than water and soil. It is also more direct.
The implementation of the new environmental protection law in 2015 has increased the mechanism for public monitoring and early warning of environmental pollution, requiring all levels of people's governments to promptly publish early warning information when the environment is polluted and may affect public health and environmental safety. The rapid development of Internet and mobile communication technologies has also objectively accelerated the pace of environmental information disclosure.
Nowadays, you can check the air quality status on your mobile app at any time. On days when pollution is serious, public media channels will also release warning information at any time. The public can also view real-time data such as air and water quality on the website of the Ministry of Environmental Protection.
At the same time that public environmental data is activated, the public's awareness of environmental protection is also awakening.
The “12369†environmental reporting platform of the former Ministry of Environmental Protection (now the Ministry of Ecology and Environment) accepted the report from the public through the “12369†special service telephone, network and “12369 environmental report†WeChat public number. In 2013, the original “010-12369†environmental protection hotline of the Ministry of Environmental Protection received a total of 48,700 questions from the masses and online.
The public’s enthusiasm for reporting on environmental issues has risen sharply in the past year or so. In 2016, the National Environmental Reporting Management Platform (hereinafter referred to as the “Platformâ€) received a total of 263,000 environmental reports. In 2017, a total of 617,900 environmental reports were received throughout the year.
In the 2017 environmental pollution report, reports of air pollution accounted for 56.7%.
Enforcement of environmental protection departments is becoming more and more "hard"
Another reason for the increase in the number of reports on the platform may be that the demands of the masses have been responded to. According to the Ministry of Ecology and Environment, the notification of the implementation of the national “12369†environmental protection report in June 2018, in accordance with the regulations completed within 60 days of the “Registration of Letters and Visitsâ€, In the 46,724 reports received in April this year, 46,716 cases have been closed, and the completion rate has reached 99.9%.
In addition to responding positively to the masses’ reports, the enforcement of law enforcement agencies is also increasing.
In April 2014, the 8th meeting of the Standing Committee of the 12th National People's Congress voted to approve the revised draft of the Environmental Protection Law, which was the first revision since the publication of the Environmental Protection Law in 1989.
The new Environmental Protection Law provides new law enforcement measures such as “continuous punishment by dayâ€, “restriction of production, suspension of production and rectificationâ€, “sealing and seizureâ€, and “transfer to administrative detention of public security organs†for environmental protection departments to combat environmental violations. Reasonable numbers have been found through analysis of the implementation data of new law enforcement methods. In recent years, environmental protection administrative law enforcement has been continuously strengthened, not only as simple as fines.
It is not difficult to see the comparison before and after the data. In 2017, the law enforcement of environmental protection was significantly strengthened. In 2016, the number of cases involving suspected pollution crimes transferred to public security organs increased by 16% year-on-year. However, in 2017, this figure rose to 46.3%, and the cases transferred to the police for criminal investigations were significant. increase. At present, all cities and municipalities in the country have cases in which the relevant provisions of the “Environmental Protection Law†are applicable.
In the face of environmental problems, it is not just companies that are supervised. In July 2015, the “Environmental Protection Inspector Program (Trial)†was reviewed and approved, and the “Party and Government Responsibility†of environmental protection was put forward. “This means that the local party committee will accept supervision with the government. The contents of the inspection are from Supervised enterprises have arrived at the "supervisory government." In 2016, the first batch of central environmental protection inspectors examined the implementation of environmental protection in various places. A total of 3422 people were held accountable, 310 people were detained for destroying ecology and polluted environment, 2176 people were interviewed, and the total fine was 198 million yuan.
The environmental protection pattern in accordance with the law is forming
More common environmental behaviors are also manifested in environmental related legal cases, and more and more subjects use legal weapons to safeguard the public environment.
On May 30, 2018, the Yuci District Court of Jinzhong City, Shanxi Province made a judgment on the fraud case of Linyi City's atmospheric monitoring data, including many people including the former director of Linyi City Environmental Protection Bureau, Zhang Wenqing, who were sentenced or detained. This case is an example of China’s use of legal weapons in recent years to prevent environmental pollution.
The Judicial Big Data Research Institute released the “Environmental Case of Judicial Big Data Special Report†in January this year. According to the data of the report, from January to October 2017, the number of newly received first-instance cases in environmental-related criminal cases was more than 1,500. The year-on-year increase was 17.36%, much higher than the increase in the previous year.
Zhou Qiang, president of the Supreme People's Court, pointed out at the second plenary meeting of the 13th National People's Congress in March that from 2013 to 2017, 487,000 environmental civil cases and 11,000 ecological environmental damage compensation cases were concluded. There were 1,383 environmental public interest litigation cases filed by the procuratorial organs and 252 environmental public interest litigation cases filed by social organizations.
Environmental public interest litigation is a new litigation system. The new environmental protection law implemented in 2015 stipulates that social organizations registered with the civil affairs department and continuing to engage in environmental protection public welfare activities for more than five years may file a lawsuit in the people's court against acts that pollute the environment, destroy the ecology, and harm the public interest. In the past two years, environmental public interest litigation cases have grown significantly in China. At present, the main parties involved in the lawsuit against the public interest are the prosecution and non-profit organizations.
Air pollution, water pollution, soil pollution, etc. are still the problems facing China's current environmental protection, but the data shows that the pattern of environmentally stricter is changing, pollution behavior is more reported, mistakes are being punished, and crimes are being judged.
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