Beijing court fully utilizes the judicial function of environmental resources and the power of the rule of law to enhance the "ecological appearance"
2024-09-12
Lucid waters and lush mountains are invaluable assets. In recent years, Beijing courts have fully played their role in environmental and resource adjudication, adhered to the concept of preventive and restorative justice, and severely punished polluters in accordance with the law through the application of punitive damages and other characteristic legal systems. They have continued to use special judicial enforcement methods such as replanting and greening, and labor compensation to improve the compensation and restoration mechanism for ecological environment damage. They have made every effort to protect the most universal welfare of the people, such as a good ecological environment, and provided strong judicial guarantees for the improvement of the "ecological appearance" of the capital and the improvement of urban and rural living environment. Zero tolerance for environmental pollution imposes legal responsibility on those who damage the environment. Zhang's behavior constitutes the crime of polluting the environment, and he is sentenced to six years and ten months in prison. He is also liable for compensation of 140 million yuan for the cost of cleaning up pollution and restoring ecology... "At the Fangshan District People's Court in Beijing, as the hammer was struck, Zhang and five others were severely punished for illegally dumping garbage and causing serious environmental pollution. A few years ago, Zhang's father rented an 800 acre barren forest farm in a village in Fangshan District. Zhang originally planned to use the barren mountain to plant cherry trees for mine restoration. But when cleaning up the tailings from the barren mountains and mines, Zhang heard that storing household and construction waste could make a profit, so he reached a "cooperation" agreement with Kui and Huo: Zhang was responsible for collecting garbage, and Kui and Huo dumped garbage here and paid fees to Zhang. Afterwards, Zhang also hired Feng and Xu to direct garbage dumping and collect fees at the barren mountain site. He should have been a manager and protector of the barren mountain environment, but he became an environmental destroyer for illegal profit. These illegally dumped household waste, which have not been treated and are harmful substances, seriously pollute the environment. Moreover, the household waste has not been piled up with measures such as anti-seepage, soil covering, and film covering, and no waste gas or leachate disposal facilities have been set up. It is directly in contact with the environment Judge Li Xiaoqin of Fangshan Court said that the solid waste at the scene of the case has caused damage to the soil ecological environment. The illegally dumped solid waste has entered the soil cultivation layer, causing the loss of the original functions of more than 10 acres of land. The original vegetation on the land and plot has been severely damaged and difficult to restore. In the end, the Fangshan Court sentenced Zhang and five others to imprisonment, fines, and confiscation of illegal gains for the crime of polluting the environment. At the same time, Zhang was ordered to compensate a total of 140 million yuan for pollution removal and ecological restoration costs, while Huo and Kui were jointly and severally liable within 15% of the total amount. Protect the ecological environment with the strictest system and the strictest rule of law, not only imposing criminal sanctions on polluters, but also imposing civil and punitive damages on polluters, expanding the coverage and influence of environmental resources justice, and achieving 'one case, one education' Li Xuhui, a member of the Party Group and Vice President of the Beijing High People's Court, stated that the court punishes and warns against environmental and resource violations in all aspects, links, and chains, making those who damage environmental resources bear corresponding legal responsibilities, and making ecological and environmental protection laws and regulations truly become strict rules with teeth. Practicing the concept of restorative justice through labor compensation and other methods to restore the ecology, the ecological restoration and replanting base of Miyun District People's Court in Beijing is lush with spruce and cypress trees. These 100 spruce and cypress trees were planted last year, and the criminal defendant compensated for the ecological restoration with labor, making up for the damage caused to the ecological environment by illegal and criminal activities Meng Na, the presiding judge of the Environmental Resources Court of Miyun Court, introduced that more than a year has passed, and the trees and branches are flourishing, achieving a good ecological restoration effect. In order to better fulfill the responsibility of alternative restoration, in April last year, Miyun Court, together with Beijing Longquan Lake Collective Forest Farm, established an ecological restoration, replanting and greening base. For infringers involved in cases of ecological damage, when the original appearance of the ecological environment cannot be restored, alternative restoration methods such as replanting and greening are used to achieve the restoration effect of "replanting in different places, restoring ecology, and overall balance", adding new greenery to the ecological environment. The green planters who planted these 100 trees were previous illegal hunters. Originally, the five defendants in this case had used prohibited tools such as slingshot guns and composite bows, as well as professional equipment such as thermal imaging cameras, in the forest within the ecological red line upstream of Miyun Reservoir, and used prohibited methods such as night lighting hunting to capture and hunt multiple pheasants (which are "three haves" wild protected animals), and were sentenced to punishment by Miyun Court. The act of illegal hunting and killing of wild animals has caused loss of national wildlife resources, disrupted biodiversity and ecological balance, and harmed social public interests The Miyun Court has ordered five defendants to jointly compensate 1800 yuan for the loss of national wildlife resources and 3600 yuan for punitive damages, and has ordered them to publish an apology statement recognized by the court in media at or above the city level. In order to promote the post case ecological restoration work, the presiding judge of the case went to the custody department to meet with the defendant after the judgment came into effect. The defendants agreed to participate in the restoration of the damaged ecological environment and directly use the compensation for ecological restoration, "Meng Na said. The five defendants signed the" Agreement on the Performance of Ecological Environment Damage Replacement Repair Responsibility, "which clearly stated the use of compensation and the performance of replacement repair responsibility. In the future, we will definitely enhance our legal awareness and take practical actions to protect the ecological environment From lawbreakers to green planters, the five defendants completed replanting and greening under the professional guidance of forest farm staff. After the establishment of the replanting and greening base, four criminal cases of illegal hunting with civil public interest litigation were carried out consecutively for ecological restoration. More than 10 legal publicity activities were carried out on the base with the theme of ecological environment protection, fully exerting the functions of ecological restoration, legal publicity, and warning education of the replanting and greening base. It has played a positive role in enhancing the environmental protection awareness of the surrounding people, which is also the significance of the establishment of the replanting and greening base Mengna introduced. In environmental resource trials, public apology is a common judgment content. Not long ago, Hu Qiancheng, Deputy Chief Judge of the Criminal Trial Division of Mentougou District People's Court in Beijing, concluded a crime of endangering precious and endangered wildlife. The two brothers of Quan illegally collected and mailed 40 sets of 56 wild animal products, and were ultimately sentenced to imprisonment and fined. At the same time, they were required to apologize to the public on publicly distributed media nationwide. Is a public apology that important? Hu Qiancheng introduced that public apology not only deeply repents the lawbreakers, but also raises the public's awareness of environmental protection and makes more people aware of the importance of harmonious coexistence with nature. Will there be any other legal responsibilities if the implementation of the green principles of the Civil Code effectively supports green production and lifestyle, and the operation of vehicles with excessive exhaust emissions is subject to administrative penalties? Not long ago, the Fourth Intermediate People's Court of Beijing concluded a civil public interest lawsuit on air pollution liability dispute. A certain environmental research institute in Beijing has found that a taxi company in Beijing has been administratively punished multiple times for operating vehicles with excessive exhaust emissions. The research institute believes that the repeated excessive emissions of atmospheric pollutants such as carbon monoxide and nitric oxide have caused sustained impacts on the atmospheric environment, and the taxi company should also bear environmental liability for infringement. So, the research institute sued the taxi company to Beijing Fourth Intermediate People's Court regarding this matter. Cui Zhiyu, Deputy Chief Judge of the Environmental Resources Trial Division of Beijing Fourth Intermediate People's Court, introduced that if the infringement causes damage to the public interest due to environmental pollution and ecological destruction, the infringer should bear the liability for infringement. In the end, the court ruled in accordance with the law that the taxi company should take effective measures to prevent the occurrence of excessive exhaust emissions. In addition, the company should compensate 100000 yuan for the excessive exhaust emissions involved, and the compensation will be used specifically for ecological environment protection, restoration, and governance. This case provides a demonstration for judicial trials to assist in ecological environment governance and advocate for the green transformation of lifestyle and business models The relevant person in charge of Beijing Fourth Intermediate People's Court said that this case can establish the correct value orientation, guide enterprises to effectively fulfill their environmental protection obligations, and fulfill their main responsibility of complying with environmental protection laws and regulations. Currently, more and more people are driving new energy vehicles, and achieving centralized management and orderly charging at their doorstep has become a demand for many car owners. However, the owner's request for the property management company to assist in installing new energy charging piles may not necessarily be supported. Recently, the Tongzhou District People's Court in Beijing concluded such a case and rejected the owner's lawsuit request. Originally, at the beginning of this year, He purchased a new energy vehicle and signed two parking space lease agreements with the property management company. The two parking spaces are located inside and outside the community. He signed an agreement with the property management company for the installation and safe use of charging facilities for the new energy vehicle parking space outside the hospital. However, He believed that the parking space was far away from home and wanted to park the new energy vehicle in the parking space inside the hospital, and requested the property management company to assist in installing charging piles in the parking space. The property management company coordinated with relevant departments to set up new energy vehicle parking spaces and increase the capacity of transformers in the off campus area, specifically for the parking and charging of new energy vehicles. Considering factors such as safety and transformer capacity, it is not suitable to install charging stations in parking spaces within the hospital The presiding judge Ma Shuai said that after on-site investigation, it was found that the new energy parking spaces are located in a relatively open area outside the courtyard, which is safer and more convenient for owners to walk in and out directly. To implement the green principles in the Civil Code, we advocate that civil subjects should coordinate with resources and the environment when exercising civil rights and engaging in civil activities, and achieve the protection and maintenance of the ecological environment Ma Shuai stated that He's request to install charging stations on the gas truck parking spaces in the community courtyard, despite the dense flow of people and parking spaces, violated the contract agreement and posed potential safety risks to the surrounding environment. Therefore, the court rejected He's lawsuit request. (New Society)
Edit：Jia jia Responsible editor：Liling
Source：People.cn
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