Abstract The implementation of the new environmental protection law is not a cotton swab, but a killer. The environmental protection department issued a high-priced ticket and took the first step. This sky-high penalty is the best test of the new environmental law. It is a touchstone. If it goes smoothly, it will produce a good demonstration effect...
The implementation of the new environmental protection law is not a cotton swab, but a killer. The environmental protection department issued a high-priced ticket and took the first step. This high-price fine is the best test of the new environmental protection law. It is a touchstone. If it goes smoothly, it will produce a good demonstration effect. If it is a tiger's tail, it will hit the public's confidence in the rule of law. A few days ago, Shaanxi Province issued the first “high price ticket†for daily penalties based on the newly implemented environmental protection law this year. The company involved in the discharge of pollutants was fined 200,000 yuan, but the company refused to rectify and pay the fine. After 79 days, the fine soared to 15.8 million yuan. According to the Shaanxi Provincial Environmental Protection Bureau, the company has stopped production but has not yet paid a fine.
This company is very self-willed. If it is fined 200,000 yuan for the first time, it will be fined, and immediately suspend production and rectify the sewage permit, it will not be severely punished by the second and third times, from January 8 By the end of March 27, a full 79 days, the original fine of 200,000 yuan became 15.8 million yuan, which is really self-confident.
If you refuse to rectify and do not pay a fine, there should be two possibilities. One cannot afford to pay, and the other is that I don't want to pay. If you can't afford to pay $18.8 million, then you will be fined 200,000 yuan for the first time. Founded in 2008, the company was jointly established by Binxian Coal Co., Ltd. and Shaanxi Sinochem Energy Co., Ltd. The annual output of 1 million tons of coal-based dimethyl ether project is the company's key construction project. The wealth of money, and the government background, may be an important factor that the company does not put the environmental protection department in the eyes.
Not afraid of the company's waywardness, it is afraid that the law enforcement departments will show weakness. In this game, the environmental protection department is in a hurry, dare to touch hard, and refresh the external view of the environmental protection system. The reason is that since the implementation of the new environmental protection law on January 1 this year, the environmental protection department has a law enforcement atmosphere. The new environmental protection law has been hailed as “the most stringent environmental protection law in historyâ€, such as the introduction of the “per-day penalty†clause, that is, the environmental protection department can completely issue a sky-high price ticket to the sewage disposal enterprise according to law. More importantly, there is no penalty limit for “per-day penaltyâ€. As long as it is not rectified, tens of millions or even hundreds of millions of fines may appear.
Chen Jining, Minister of the Ministry of Environmental Protection, said frankly that in the past, environmental law enforcement was too loose, and environmental protection was not the norm. In the future, this normal state should be reversed, and compliance is the bottom line. "In the future, we will continue to refine the supporting facilities in the implementation of the new environmental protection law, and focus on strengthening law enforcement." From this sky-high price ticket in Shaanxi, it can be seen that the environmental protection department has indeed changed the passive state of law enforcement in the past. tough. If the environmental protection departments dare to make heavy punches and move the real thing, the polluting enterprises will not dare to be willful, and the more willful, the more serious the consequences will be.
However, the slow-moving environmental protection department has already won a great victory in this "competitiveness". The fate of this high-priced ticket is still to be seen. Since the company involved has a strong political and business background, what should it do if it refuses to pay a fine? Of course, the environmental protection department is not doing nothing. The new environmental protection law clearly stipulates that those who refuse to make corrections may be introduced into the public security detention for those responsible for illegal enterprises; if they constitute a crime, they shall be investigated for criminal responsibility according to law. In other words, the environmental protection department should enrich the law enforcement measures, not to stay in simple fines, but also to take more effective and effective measures.
One detail is that at the end of March, the third inspection by the environmental protection department found that all illegal activities of the company remained the same, and even discovered new water pollution problems. If the law enforcement agencies act early, force the company to rectify, or take detention measures against the responsible person, new water pollution problems may be avoided.
Xin Chunying, deputy director of the Legislative Affairs Commission of the Standing Committee of the National People's Congress, said, "Over the years, there have been a lot of legislation on environmental protection in China, but the environmental quality is getting worse and worse because the illegal cost is too low." If the illegal cost is too low, it is disguised to encourage illegality. The sky-high price ticket is a kind of declaration and a kind of position. The law of law enforcement it releases is that the fine is not a child's play, you have to punish you for the pain, and you are not afraid to be indifferent. If you continue to be seen as a slap in the face, you will face more stringent enforcement measures. As a result, environmental law enforcement is even more powerful. There is a famous saying in the legal profession: "The law must not make the offender profit through illegal activities." When polluting companies pay unlawful illegal costs, they will not ignore the law.
The implementation of the new environmental protection law is not a cotton swab, but a killer. The environmental protection department issued a high-priced ticket and took the first step, which should be followed. For example, how to collect fines, how to deal with related responsible persons, and how to eliminate interference requires joint action by relevant law enforcement agencies. In any case, this sky-high penalty is the best test of the new environmental law. It is a touchstone. If it goes smoothly, it will produce a good demonstration effect. If it is a tiger's tail, it will hit the public's confidence in the rule of law.
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