New environmental law adds to the cost of enterprise illegal dredge, one is the introduction of "according to the daily penalty" economic penalties, 2 it is introduced the "double punishment", namely the economic penalties at the same time, is also likely to head directly to the enterprise implementation of detention.
The four environmental regulations behavior, "" does not yet constitute a crime, will lead to enterprise as a legal person is administrative detention, but last year," projects "judicial interpretation of some act as can be detained by criminal of serious pollution of the environment, both before and after the overlap of two detained standard, but it is not a contradiction.
"Projects" judicial interpretation of criminalizing threshold made clear rules, such as poisonous and hazardous waste, such as persistent organic matter, the amount of pollution emissions also have specific criteria, such as hazardous waste more than 3 tons, dangerous heavy metal exceeds bid 3 times, etc., meet these criteria, if the case constitutes a crime, criminal detention. The others can be reference to the new environmental laws, in administrative detention, head of the enterprise.
New environmental rules formulated "superior environmental protection department of the government at a lower level of environmental protection can be special supervision, found that the problem is not timely investigation, to appoint or remove organs and supervisory organs dispose Suggestions."
Environmental supervision to the government regulation is so clear, specific, puts forward nine could lead to "resign" specific behavior, and supervise the implementation of the government, can be monitored by the government at a higher level, can also supervise the implementation of National People's Congress at the same level.
This means that the environmental protection department to appoint or remove organ or the party's supervisory organs recommending disposition, is a special administrative supervision mechanism.
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