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Three departments will severely punish crimes of hazardous waste polluting the environment and effectively fight against pollution prevention and control
Time：
2023-05-31
Three departments will severely punish crimes of hazardous waste polluting the environment and effectively fight against pollution prevention and control
The report of the 20th National Congress of the Communist Party of China pointed out that nature is the fundamental condition for human survival and development. Respecting, adapting to, and protecting nature is essential for building China into a modern socialist country in all respects. In recent years, law enforcement and judicial departments have deeply promoted the prevention and control of environmental pollution, strictly cracked down on illegal crimes in the field of damaging the ecological environment in accordance with the law, and organized a series of special actions, achieving good results. Officials from the First Procuratorate of the Supreme People's Procuratorate, the Food and Drug Crime Investigation Bureau of the Ministry of Public Security, and the Ecological Environment Law Enforcement Bureau of the Ministry of Ecology and Environment answered questions from reporters.
Question 1: What are the considerations for this joint release of typical cases?
Head of the First Procuratorate of the Supreme People's Procuratorate: This time, the Supreme People's Procuratorate, together with the Ministry of Public Security and the Ministry of Ecology and Environment, has jointly issued 7 typical cases of punishing hazardous waste pollution crimes in accordance with the law. The main considerations are as follows:
One is to demonstrate the effectiveness of carrying out pollution prevention and control battles in accordance with the law with the momentum of thunder. In order to further improve the judicial work of ecological and environmental law enforcement in the new era, the three departments have jointly carried out the special action of "cracking down on hazardous waste environmental crimes and automatic monitoring data falsification by key pollutant discharge units" for four consecutive years, and the high incidence of related environmental crimes has been curbed. This joint release of typical cases highlights the joint efforts of law enforcement and judicial authorities to crack down on illegal emissions, dumping, collection, storage, transfer, utilization, and disposal of hazardous waste, as well as the falsification of automatic monitoring data of pollutant emissions from key pollutant discharge units, and other environmental violations and criminal activities in accordance with the law. This continuously meets the growing needs of the people for a beautiful ecological environment, and enables green waters and mountains to benefit the people and future generations.
The second is to strengthen guidance on handling criminal cases related to environmental destruction. Environmental illegal crimes have the characteristics of specialization and chain, and in the handling of criminal cases, there are generally problems such as strong professionalism, difficulty in discovering clues, easy loss of evidence, multiple controversial issues, and the need for improvement in cross regional cooperation. In order to provide more targeted guidance for various regions to participate in special action work and handle relevant cases, the three departments jointly selected 7 typical cases. The cases not only involve the common areas of hazardous waste environmental crimes such as aluminum ash, waste barrels, waste lead batteries, and oily mud, but also involve the key areas of hazardous waste environmental crimes such as mine "washing" and by-product salt from pharmaceutical and chemical enterprises. All of these reflect the experience and practice of three departments' cooperation and cooperation, each fulfilling their own duties to solve investigative problems one by one, in order to provide reference for handling a type of case by showcasing one case.
The third is to convey the ecological environment protection concept of harmonious coexistence between humans and nature. The special actions in these four years have achieved significant results, but there are still some enterprises that lack awareness of the dangers of illegal environmental waste and automatic monitoring data falsification, and their environmental awareness and legal awareness need to be improved. The 7 cases released this time not only carried out environmental remediation work, but also mostly focused on the industry problems behind the cases, focusing on the end, treating the disease already, and paying more attention to the front, treating the disease before it. At the same time, this batch of cases also emphasizes the interpretation and reasoning of the law, elaborating on the hazards and possible legal responsibilities of various ecological destruction behaviors, which has a warning and educational role in enhancing the public's awareness of the rule of law and preventing illegal crimes.
Question 2: What are the main characteristics of this batch of cases?
Head of the First Procuratorate of the Supreme People's Procuratorate: The 7 cases released this time focus on the common characteristics of key crimes in the field of ecological destruction, taking common and frequent crime areas as the entry point, and striving to promote the unified law enforcement and judicial standards and refined case handling standards in various regions through cases, in order to achieve the goal of severely punishing hazardous waste environmental crimes.
The 49 people in Taizhou City, Zhejiang Province used an online platform to cross province dispose of aluminum ash pollution in environmental cases involving 3 provinces and 6 cities. The case takes data from online freight platforms as the entry point, conducts traceability verification of loading points, transportation routes, and other links in accordance with the law, achieves a full chain crackdown and comprehensive bottom-up of pollution points, and helps to recover economic losses of over 18 million yuan before filing a lawsuit, maximizing the compensation for ecological and environmental losses.
44 people in Qingzhou City, Shandong Province illegally disposed of waste iron barrels to pollute the environment. Following the investigation approach of "using barrels to find cars, using cars to find dens, and using bank records to find people", a series of cases were led out through a single barrel, ultimately destroying the extremely large illegal disposal of waste packaging barrels criminal network that "bases" around Weifang, "covers" within Shandong Province, and "radiates" seven provinces across the country, and will play an important role in the acquisition of hazardous waste iron barrels The traffickers are all recognized as the main offenders in accordance with the law, demonstrating the spirit of severely punishing hazardous waste environmental crimes.
The environmental pollution case of 5 people washing holes in Miyun District, Beijing is a case of illegal gold mining using toxic solutions sprayed onto the rock walls and bottom gravel of the mine. This type of case is often punished with the crime of major liability accident only after major casualties occur. This case focuses on the damage to the ecological environment caused by such behavior, and the perpetrators are held accountable for the crime of environmental pollution in accordance with the law. This has found a reference path for similar cases and warned that various regions should strengthen the management of abandoned mines.
The 26 people from Wuqing District, Tianjin City have dealt with the environmental pollution case of waste lead-acid batteries across provinces. Relying on the working mechanisms of cross provincial and city joint linkage, case handling cooperation, and emergency response, we have deeply expanded the entire chain to crack down on 6 dens in Tianjin, Inner Mongolia, and Hebei, and destroyed 3 profit chains for the disposal of waste lead-acid batteries. The case was reported by the Tianjin Ecological Environment Bureau's award-winning reporting platform after receiving reports from the public, greatly stimulating the enthusiasm of local people to participate in environmental protection supervision.
The case of environmental pollution caused by the illegal disposal of waste barrels by three people in Qingpu District, Shanghai, is based on the volatile nature of hazardous waste. Through real-time detection and timely fixation of air pollution evidence, it provides investigative ideas for the illegal disposal of hazardous waste cases to prove that substantial pollution has been caused. In the case of not all actual disposal personnel present, the previous disposal quantity of the hazardous waste supplier was added, and the source of hazardous waste was severely punished in accordance with the law.
In the case of environmental pollution caused by the illegal disposal of "byproduct salt" by three people in Nanchang City, Jiangxi Province, the defendant sought profits by illegally collecting and disposing of "byproduct salt" from pharmaceutical and chemical enterprises nationwide. Through the comparison of pollutants and pollution sources, the investigation problem of stacking "byproduct salt" as a solid waste salt "mixture" from multiple enterprises was solved, and the "identification before payment" model was explored to alleviate the difficulty of identification fees.
Eight people in Yongchuan District, Chongqing illegally disposed of environmental pollution caused by oily mud, and through cross provincial cooperation, cracked down on ecological crimes caused by oil drilling mud. The central and western regions are the main recoverable resources of shale gas in China. Some drilling platforms have outsourced on-site environmental treatment and solid waste transfer and disposal, which poses a great risk of environmental pollution. This case has solved the core issues of conviction, such as attribute identification of oil-bearing mud mixture, traceability and troubleshooting, and effectively improved the joint strike by relying on the cooperation mechanism established by the ecological environment departments, public security organs and procuratorial organs in Sichuan and Chongqing.
Question 3: Based on the 7 typical cases released, what are the characteristics of the current crackdown on environmental pollution crimes by public security organs?
The head of the Food and Drug Crime Investigation Bureau of the Ministry of Public Security: Environmental pollution is a threat to people's livelihoods and a pain in their hearts. In accordance with the deployment spirit of the Central Committee of the Communist Party of China to deepen the battle against pollution prevention and control, and in response to the current situation of environmental pollution crimes, the Ministry of Public Security has organized the national public security organs to carry out the "Kunlun" special action for five consecutive years since 2019, with environmental pollution crimes as the focus of the crackdown. Since 2020, the Ministry of Public Security, together with the Ministry of Ecology and Environment and the Supreme People's Procuratorate, has organized joint special actions for four consecutive years to crack down on illegal activities related to hazardous waste environment and the falsification of automatic monitoring data by key pollutant discharge units in accordance with the law. A number of environmental illegal and criminal cases that have had an adverse impact have been investigated and dealt with in accordance with the law, and a number of illegal and criminal personnel have been severely punished in accordance with the law, effectively protecting the national ecological environment security. The selection and release of 7 typical cases by the three departments this time is a good display of the achievements in combating environmental pollution crimes in recent years, and also reflects some of the practices and characteristics of public security organs in investigating and handling such cases.
One is to focus on cracking down on key industries and ensuring high-quality economic development. The public security organs adhere to the law enforcement concept that cracking down on "illegality" is to protect the legitimate interests of enterprises, highlighting key industries such as chemical engineering, mechanical processing production, and waste recycling, as well as increasing efforts to crack down on illegal "black dens" and illegal processing enterprises. They have organized the investigation of a number of cases such as the pollution case of Li Mouwen in Tianjin Wuqing and Liu Mougang in Shandong Qingzhou, promoting high-quality economic development and green transformation.
The second is to focus on key areas for crackdown and rectification, ensuring the implementation of national major regional development strategies. In recent years, public security organs have highlighted prominent environmental crimes that have occurred in key areas such as the Yangtze River Economic Belt, the Yellow River Basin, the Beijing Tianjin Hebei and surrounding areas, and the Yangtze River Delta. They have continuously increased their efforts to crack down on and rectify them, and organized the investigation of a number of cases such as environmental pollution cases involving Xia Moujiang in Miyun, Beijing, and Xie Mouhua in Qingpu, Shanghai, providing strong legal guarantees for the implementation of national major regional development strategies.
The third is to focus on key targets for crackdown and rectification, and resolutely cut off the chain of criminal interests. Currently, organized and chain crime in the environmental field is more prominent. Public security organs focus on the characteristics of different cases, highlight the main culprit and organizational personnel, adhere to thorough investigation, and strive to crack down on crime through "all links, all elements, and all chains". The environmental pollution case involving Cai Mouxi and others in Taizhou, Zhejiang Province, was investigated through intermediaries engaged in illegal collection and disposal of aluminum ash, focusing on the entire process of upstream waste sources, intermediate transfer and transportation, and end dumping and landfill. A total of 49 individuals were arrested, achieving a full chain crackdown on waste production, intermediaries, storage, transportation, and disposal.
The fourth is to focus on cracking down on key behaviors and effectively purify environmental management order. Through years of high-pressure crackdowns, the phenomenon of illegal individuals openly discharging, dumping, and disposing of hazardous waste directly into the environment has gradually decreased, but the criminal methods are more covert and complex. To this end, the public security organs have highlighted and increased their efforts to crack down on illegal discharge, dumping, and disposal of hazardous waste across administrative regions, as well as criminal activities such as evading supervision and illegal discharge, dumping, and disposal of hazardous waste. They have organized the investigation of a number of cases such as environmental pollution cases involving Dai Moubing in Nanchang, Jiangxi, and Wu Moujian in Jiangjin, Chongqing. Together with relevant departments, they have urged the enterprises involved to further improve their systems, standardize hazardous waste management, and played a role in promoting prevention and control To promote therapeutic effects.
Next, the public security organs will actively respond to the people's expectations for a beautiful ecological environment, continue to strengthen cooperation and cooperation with relevant departments, and will not be soft on behaviors that damage the ecological environment. They will strictly crack down on environmental pollution crimes in accordance with the law, providing strong legal guarantees for building a harmonious coexistence between humans and nature in beautiful China.
Question 4: In recent years, what are the main aspects of the measures and effectiveness of the procuratorial organs, together with the ecological and environmental departments and public security organs, in punishing environmental crimes in accordance with the law?
Director of the First Procuratorate of the Supreme Procuratorate: Starting from 2020, the Supreme Procuratorate, in conjunction with the Ministry of Ecology and Environment and the Ministry of Public Security, has continuously launched a special action to crack down on environmental violations and crimes related to hazardous waste, focusing on punishing illegal collection, utilization, and disposal of waste mineral oil, as well as illegal discharge and dumping across administrative regions Environmental illegal and criminal activities such as disposing of hazardous waste.
In 2021, the automatic monitoring data of pollutant emissions from key pollutant discharge units will be included in the scope of crackdown on fraud.
In 2022, third-party environmental protection service institutions will be included in the special action for fraud. In the special action, the national procuratorial organs have adhered to the principle of unchanged direction, unwavering efforts, and unwavering standards, and solidly promoted the in-depth development of the special action.
One is to always maintain a high-pressure situation in cracking down on illegal and criminal activities related to hazardous waste environment. In the special action, the procuratorial organs strictly fulfill their legal supervision responsibilities, and focus on cracking down on the disposal of hazardous waste related to chemical and pharmaceutical manufacturing, industrial concentration and ecologically fragile areas, as well as serious damage to the ecological environment, environmental pollution caused by waste mineral oil, illegal disposal of hazardous waste across administrative regions, and falsification of automatic monitoring data for pollutant emissions from key water and gas discharge units. Since 2020, the national procuratorial organs have approved the arrest of over 5300 cases of environmental pollution crimes, over 9600 people, and initiated public prosecutions of over 7600 cases, over 18000 people.
The second is to strengthen the responsibility and mission of procuratorial organs, and continue to carry out key and difficult tasks. Hazardous waste pollution of the environment is mostly a joint crime, with a long illegal industrial chain, many involved individuals, and hidden means of committing the crime. To combat environmental violations and crimes, it is necessary to highlight the key points. The Supreme Procuratorate, together with the Ministry of Ecology and Environment and the Ministry of Public Security, issued a unified deployment notice, requiring comprehensive investigation and timely detection of illegal and criminal clues, carrying out special cases to deal with key cases, and severely cracking down on illegal and criminal behaviors in the ecological environment. The Supreme Procuratorate will list and supervise 21 major and difficult cross regional cases that require coordination and coordination from higher authorities, focusing on the key and difficult points of environmental pollution crime cases, and solving special action problems.
The third is to continuously improve the construction of mechanisms and systems, and form a long-term and regular crackdown situation. The procuratorial organs at all levels have established relevant systems and mechanisms to promote the special action against hazardous waste environmental crimes, focusing on the difficulties, focal points, and blocking issues in handling cases, combined with judicial practice and practical work; Focusing on the characteristics of hazardous waste environmental violations and crimes, we will further deepen communication and cooperation between procuratorial organs and administrative law enforcement departments, continuously improve the "connection between the two laws" mechanism, and promote the in-depth development of special actions to combat hazardous waste environmental violations and crimes; During the process of procuratorial performance, attention should be paid to identifying problems in the regulatory work of administrative law enforcement departments, actively issuing procuratorial suggestions to environmental protection and other departments, supervising the implementation of rectification, and demonstrating the effectiveness of procuratorial organs in participating in comprehensive social governance.
Next, the procuratorial organs will continue to implement the "Opinions of the Central Committee of the Communist Party of China and the State Council on Deepening the Battle of Pollution Prevention and Control", closely combine services to ensure the development of the Yangtze River Economic Belt, the ecological protection of the Yellow River Basin, and high-quality economic development, fully play their procuratorial functions, continue to carry out special actions to crack down on environmental pollution crimes such as hazardous waste, and build a solid defense line for ecological and environmental safety. They will also work together with public security organs The ecological and environmental departments will further improve the integrated and coordinated law enforcement and judicial model, carry out practical and detailed administrative law enforcement and criminal justice connection work, strengthen guidance on major difficult and complex cases, as well as major cases that are grouped, specialized, and chained. They will strengthen consultation and coordination, jointly solve law enforcement and judicial problems in the field of ecological and environmental protection, and achieve a "comprehensive strike, full chain efforts, and full process supervision" against environmental pollution crimes.
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