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"Two highs" clarify 18 "seriously polluting the environment" situation
[Abstract]:
[China Packaging Network] The Supreme People's Court and the Supreme People's Procuratorate issued the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Environmental Pollution Criminal Cases" to further increase judicial protection of the ecological environment. The judicial interpretation clarified 18 situations that should be identified as “seriously polluting the environment”. The judicial interpretation will take effect on January 1, 2017.
According to Yan Maokun, director of the Research Office of the Supreme People's Court, the crime of environmental pollution is the basic crime of environmental pollution crimes, and the culprits are “serious pollution of the environment”. In terms of the criteria for serious metal pollution environmental convictions, the judicial interpretation clearly defines “discharge, dumping, and disposal of pollutants containing lead, mercury, cadmium, chromium, arsenic, antimony and antimony, exceeding the national or local pollutant discharge standards by more than three times.” The dumping and disposal of pollutants containing nickel, copper, zinc, silver, vanadium, manganese and cobalt, which exceeds the national or local pollutant discharge standards by more than ten times, shall be recognized as “seriously polluting the environment”.
In punishing the automatic monitoring of data fraud, the judicial interpretation stipulates that key pollutant discharge units should tamper with, falsify automatic monitoring data or interfere with automatic monitoring facilities, and discharge chemical oxygen demand, ammonia nitrogen, sulfur dioxide, nitrogen oxides and other pollutants. Serious pollution of the environment." Judicial interpretation also improved the criteria for aggravating the circumstances of the crime of environmental pollution.