Members of the amendment Committee of the hottest

Members of the revision committee of the environmental protection law suggested that malicious sewage discharge should be punished. On the 22nd, the Standing Committee of the 12th National People's Congress held group deliberations on the draft revision of the environmental protection law. How to solve the problem of low illegal cost of polluting the environment from the legislative level has become the focus of heated discussion among the participants. The opinions put forward by the participants mainly focused on the environmental protection law should have stricter criminal conviction standards, more specific environmental protection law enforcement and judicial system, and further increase the assessment of environmental health violations

[keyword 1] illegal cost

Article 63 of the draft environmental protection law stipulates four acts that do not constitute a crime but will lead to administrative detention, including the construction without approval, the discharge of pollutants without a license, the illegal discharge of pollutants (such as through concealed pipes, seepage wells, seepage pits, perfusion or tampering with, falsifying monitoring data, etc.), the production and use of pesticides that are explicitly prohibited by the state

high illegal cost can improve environmental degradation

this clause is considered to expand the scope of illegal acts that can lead to restrictions on personal freedom, so it is widely recognized. However, in the view of the members, administrative detention alone is not enough, and serious and malicious environmental acts should be criminalized

member wenfujiang said that these four acts are currently considered not to constitute a crime, but he believes that they are already serious violations, such as through concealed pipes, seepage wells, seepage pits, pouring or tampering, falsifying detection data, etc., which are one of the main sources of pollution in rural areas in China at present, and belong to intentional criminal acts, which should be treated with severe punishment

member Zhou Qifeng also said that the current law gave him the impression that we cannot commit crimes, but we can break the law. He believes that this will give people the impression that things prohibited by law can also be done, which does not constitute a crime

member Zhao Shaohua believed that the behavior of evading supervision and illegal sewage discharge through concealed pipes, seepage wells, seepage pits, pouring or tampering with monitoring data has obviously constituted a crime, and does not exist, but does not constitute a crime

Wang Yunlong, vice chairman of the environmental and Resource Protection Committee of the National People's Congress, believes that on the basis of administrative punishment, serious violations that have a bad impact on people's lives and health and social and economic development, such as the discharge of harmful pollutants through concealed pipes and seepage wells, should be investigated for criminal responsibility

the public has high expectations for the revision of the environmental protection law. Only by creating a real law with high illegal cost can we solve the problem of deteriorating environment. Chen Jining said

[keyword 2] environmental protection law enforcement

Article 24 stipulates that the environmental protection department has the right to conduct on-site supervision on units that discharge pollutants. If enterprises and institutions illegally discharge pollutants, causing or likely to cause serious pollution, the environmental protection department and other departments responsible for environmental protection supervision and management can seal up and detain the facilities and equipment that cause the discharge of pollutants

environmental supervision institutions should have administrative enforcement power

this draft defines the legal status of environmental protection supervision departments for the first time, and is considered to be one of the highlights. However, some members suggested that the system of environmental protection law enforcement could be further improved

member Dong Zhongyuan said that within the legislative scope of the administrative enforcement law, the content of immediate enforcement by the government can be added, such as ordering suspension of business, sealing up, sealing up, seizure, etc. In terms of law enforcement means, he suggested that consideration should be given to increasing the contact mechanism between the public security department and law enforcement departments

in addition, he also suggested that the means of law enforcement of the government should be further clarified, and the means, powers and procedures of government supervision and inspection should be specified in a special chapter, including the right to on-site supervision, sampling, storage, order to suspend business, access to materials, the right to take temporary control measures if reasonably suspected, and the right to punish

member Liu Zhenwei said that the draft newly clarified the legal status of environmental supervision institutions, which was justified and conducive to law enforcement. However, since its legal status of law enforcement is clear, it can go to the scene for inspection, and give it the power to take administrative coercive measures, which is conducive to improving the efficiency of administrative law enforcement

[keyword 3] health assessment

the new draft adds Article 39. The State encourages and organizes research on the impact of environmental quality on public health, and takes measures to prevent and control diseases related to environmental pollution

the structural components of constituent cells pay attention to environmental impact and should increase the pollution compensation system

this modification has received more support. Fengshuping, a member of the committee, believes that adding this clause is a progress, which reflects the importance attached to the impact of the environment on human health. However, in addition, the public nuisance compensation system should also be increased. For example, she said that Japan was the country with the most serious public hazards in the world from the 1950s to the 1970s. The health victim compensation system established since then has played a good role, so that Japan has no large-scale public hazards since the 1970s. She suggested that the four words of "victim compensation" should be added after environmental protection in Article 5 of the environmental protection law insists on protection priority, prevention first, comprehensive treatment, public participation and responsibility for damage

member Feng Changgen said that at present, some environmental events such as PX project events are becoming more and more common, and the public has overreacted to environmental and health risks. He suggested that the national establishment and improvement of the environmental monitoring system should be replaced by the national establishment and improvement of the environmental and health investigation, monitoring and risk assessment system. In this way, the environmental protection department can work with other relevant departments to establish the export proportion of emerging countries, which will also greatly enhance the establishment of environmental and health investigation, monitoring, risk assessment norms and information sharing mechanisms

member Chen Jining said that the National Encouragement of environmental benchmark research should be changed to the National Encouragement of environmental benchmark research, because the foundation for the formulation of national environmental standards was established by changing from encouragement to should

[keyword 4] information disclosure

Chapter V of the draft environmental protection law is all about information disclosure and public participation, requiring environmental protection departments to uniformly publish national environmental quality, monitoring information of key pollution sources and other major environmental information, and key pollutant discharge units should truthfully disclose to the society the names, discharge methods, discharge concentrations and total amounts, and excessive discharge of their main pollutants, The EIA report shall explain the situation to the public that may be affected and fully solicit opinions

the time and form of information disclosure should be clearly stipulated.

member Zhou Tianhong said that in the process of information disclosure and public participation, I also seconded what the member just put forward. If it is found that the construction unit has not fully solicited public opinions, it should instruct the construction unit to solicit public opinions. Public opinions are a little too general. Now there are many ways to solicit public opinions. The previous one is also soliciting opinions, It is suggested that important items should be added to start the hearing

member Chen Jining said that now a lot of information is disclosed, but only a comprehensive statistical data is disclosed, which has little significance. The state should comprehensively disclose the environmental quality and pollution source emission monitoring data of each monitoring station according to law

Li Dajin, a deputy to the National People's Congress, also said that the information disclosure in environmental protection events has been widely concerned by the society in recent years. He said that his understanding of information disclosure should have three elements: what to disclose, when to disclose, and in what form

he said that the current draft has relatively complete and detailed provisions on the content of information disclosure, but it has no clear provisions on when and in what form

many environmental events that people are dissatisfied with or concerned about in real society are caused by the failure to disclose them in time, he said. In addition, some government departments refuse to disclose them for various reasons, even because they do not have the ability to disclose them. He suggested that in Chapter 5, restrictive provisions on the form and time of disclosure should be added to the information disclosure, so that the content of information disclosure can be more perfect and convenient for law enforcement

not long ago, I went to a town. It used to be green mountains and clear waters, but now it is a dark area. The entire area of the town is so large that it has been developed by the developer of an open-pit coal mine. It is simply full of holes. At that time, I thought that in order to increase the tax revenue of local finance or increase the GDP index, it would be heartbreaking to destroy a township to this extent. If I had a camera, I would take it down and let the Standing Committee see it

a boss came to me not long ago, and I didn't know him. He said that they had been approved by the relevant departments of the province to develop open-pit coal mines. I said that as a deputy to the National People's Congress, on behalf of our people, to be honest, you don't want to earn this money. You've earned enough. Do you want to earn more

it is hoped that after this law is passed, relevant departments will pay close attention to solving the problems of unfair law enforcement and selective law enforcement reported by enterprises and the public