Why "Destroyers" of the Environment Become "Guardians" of the Environment
2022-12-20
"Thanks to the court. It not only gave me a chance to reform, but also gave me a 'green rice bowl'..." Xie, a resident of Lanshan County, Yongzhou City, Hunan Province, held his hand to carry out a return visit to the judge for a long time. Two years ago, the People's Court of Lanshan County heard the case of Xie Mou, the defendant, who had polluted the environment because of setting up a mineral washing plant, and determined that Xie Mou constituted a crime of polluting the environment. According to law, he was sentenced to a fixed-term imprisonment of one year and six months, suspended for two years, and provided corresponding environmental public welfare labor within two years to make up for the insufficient compensation for environmental damage. After two years, Xie has completed environmental public welfare work. The once bare mountain has a green and luxuriant scene. Under the guidance of the court, Xie also contracted land to plant fruits and develop green tourism, which turned the "destroyer" of the environment into a "guardian". This is a microcosm of Yongzhou Court's active exploration of environmental restoration mechanism "labor compensation". In recent years, the municipal courts at two levels have implemented the trial execution mechanism of "punishing crimes+restorative judicial practice+socialized comprehensive treatment", giving full play to the function of environmental resources trial, severely punishing ecological environment related crimes and violations according to law, actively participating in the comprehensive treatment of environmental resources and source control, actively participating in the battle of pollution prevention and control, and escorting the construction of ecological environment with the power of the rule of law, Make efforts to contribute "green content" to Xiangjiang River, the mother river of Hunan Province. Improve the cooperation and linkage mechanism and give full play to the comprehensive governance efficiency. In 2020, a paper company will conduct public bidding for the transfer of some equipment assets in its plant area. Chen and other five people borrowed the qualification and name of a company in Shenzhen to win the bid to purchase equipment, and handed over the equipment removal work to a company in Shandong. Later, Hu, who had no qualification for hazardous waste removal, contracted the removal work. Some waters of Xiangjiang River were polluted due to improper removal of equipment. The crime was committed in the upper reaches of the Xiangjiang River in the Yangtze River basin, and the pollution will endanger the safety of the Xiangjiang River and the Yangtze River water system. In order to timely curb the further expansion of pollution, Yongzhou Intermediate People's Court held a consultation meeting with 13 provincial and municipal authorities, enterprises and relevant individuals at the first time after the incident. "At present, the most important thing is to let go of the dispute, shoulder the responsibility, eliminate the harm, and repair the environment. If the environment is repaired after the judgment, the consequences of environmental pollution will be irreparable." Guo Hongyan, vice president of Yongzhou Intermediate People's Court, put forward suggestions at the consultation meeting. Through high-level promotion, the court actively facilitated the parties involved to reach a compensation agreement, raised more than 17 million yuan of funds in an emergency, and cooperated with the government to fully prevent and control environmental pollution around the water body, eliminate hazards, and promptly repair the ecology. In December 2021, the defendant was sentenced by the court to corresponding criminal punishment. "The court placed environmental restoration at a critical and priority position. Before the judgment, it timely facilitated a multi department consultation meeting to resolve the ecological crisis," said Cheng Dahui, the judge in charge of the case and the head of the forestry court of Yongzhou Intermediate People's Court. The handling of the case gave full play to the comprehensive governance network effectiveness of "responsible person repair+government supervision+supervision by the People's Procuratorate+enforcement by the People's Court", which is the first example of Hunan Province to implement ecological environmental damage compensation through consultation meetings. In recent years, Yongzhou Intermediate People's Court has continuously improved the judicial cooperation linkage mechanism to build a convenient
Edit：sishi Responsible editor：xingyong
Source：http://epaper.legaldaily.com.cn/fzrb/content/
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