On April 22, World Earth Day, the Supreme People's Court issued a special report on three typical cases of solid waste pollution that people's courts have tried in accordance with the law. The reporter noticed that Case 2 is the criminal incidental civil public interest litigation case of Yuan Mouqin's illegal dumping of hazardous waste and environmental pollution across provinces. The Supreme People's Court stated that this case is a typical case in which the people's court fully investigates the legal responsibility for the inter provincial dumping and stacking of hazardous waste in the Yellow River Basin that damages the ecological environment. The defendant Yuan Mouqin was sentenced to six years in prison and fined by the court for illegally engaging in the collection and storage of hazardous waste aluminum ash, which seriously polluted the environment. The case shows that in 2021, Yuan Mouqin, in order to seek illegal benefits, colluded with others to collect aluminum ash from Henan, Shanxi and other places and transported it to Wanrong County, Shanxi Province for dumping and stacking. After investigation, Yuan Mouqin illegally dumped and piled up a total of about 14363 tons of aluminum ash, illegally profiting more than 600000 yuan from it, causing more than 10 million yuan in public and private property losses such as transportation, cleaning, and disposal costs of aluminum ash. After identification, the aluminum ash involved in the case belongs to hazardous waste and will cause serious damage to the ecological environment. At the same time as filing a criminal lawsuit against Yuan Mouqin for the crime of polluting the environment, the procuratorial organ also filed an incidental civil public interest lawsuit on the grounds that Yuan Mouqin's behavior of polluting the environment harms the public interest. The reporter noticed that the "National Hazardous Waste List (2021 Edition)" clearly includes aluminum ash generated by electrolytic aluminum and recycled aluminum enterprises in the list as hazardous waste management. The People's Court of Wanrong County, Shanxi Province, after trial, found that the defendant Yuan Mouqin violated national regulations by illegally engaging in the collection and storage of hazardous waste aluminum ash without a hazardous waste business license, seriously polluting the environment. The circumstances were serious and constituted the crime of environmental pollution. He was sentenced to six years in prison and fined 1 million yuan. The illegal gains of more than 600000 yuan were recovered in accordance with the law. At the same time, for acts that cause environmental pollution and damage to the public interest, the defendant Yuan Mouqin should bear tort liability according to law. The defendant Yuan Mouqin was ordered to pay a total of more than 10 million yuan for the transportation and disposal of aluminum ash. Yuan Mouqin appealed against the first instance judgment, and the Intermediate People's Court of Yuncheng City, Shanxi Province ruled in the second instance to reject the appeal and uphold the original judgment. The Supreme People's Court has stated that the people's courts fully play their role in environmental and resource adjudication. While investigating the criminal responsibility of the defendant in accordance with the law, they also order the perpetrator to bear corresponding environmental damage liability through the trial of civil public interest litigation cases attached to the case. This fully reflects the judicial attitude of adhering to the principle of "environmental value and liability for damage" and fully holding the violators accountable. It is also a vivid embodiment of the national strategy of judicial services to ensure the ecological protection and high-quality development of the Yellow River Basin. (out look new era)
Edit:Fu Yu Responsible editor:Chi Hua
Source:GMW.cn
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