The Most Stringent Environmental Law In 2015 Is Not Imposed On A Daily Fine.

The eight session of the twelfth NPC Standing Committee passed the draft amendments to the Environmental Law yesterday with 151 votes in favour, 3 votes against and 6 abstentions. < p >

The new environmental protection law, which is to be first overhauled in 25 years, will come into effect next January 1st.

For the first time, the red line of ecological protection was written into the law.

The new environmental protection law also started to increase the < a href= "//www.sjfzxm.com/news/index_c.asp" > punishment intensity < /a >, and the penalty will not be capped.

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Since the beginning of August 2012, the law has gone through four deliberations. < p >

The "environmental law", which has been rated as "the most stringent" in history, can be implemented smoothly in the future?

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< p > < strong > focus 1 < /strong > < /p >.

< p > < strong > 300 environmental protection organizations can carry out < a href= > //www.sjfzxm.com/news/index_c.asp > public interest litigation < /a > /strong > /p >

< p > the draft amendment stipulates that a social organization registered and engaged in environmental public welfare activities for more than five years at the municipal level above the district level and without any illegal record can bring a suit in the people's court.

Some members suggested that the original "good reputation" was difficult to grasp in practice, and the draft vote was changed to "no illegal record".

Moreover, the nature of litigant has gone through a series of twists and turns. The environmental protection Confederation and the national social organization in the second instance, the three reviewers have been criticized as too small.

Chang Ji Wen estimates that if the first step is to limit the qualification of litigation to social organizations, the whole country will have 300 "environmental protection organizations that have not registered any more than five years and registered with civil affairs departments above the city level".

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< p > < strong > focus 2 < /strong > < /p >.

< p > < strong > no EIA project shall be commenced < /strong > < /p >

< p > the original "environmental protection law" on the construction of pollution of the environment, as stipulated in the "must be on the construction project pollution and environmental impact assessment", this amendment is more stringent, clear "environmental impact assessment without the development and utilization planning, do not have to organize implementation; construction projects that do not carry out environmental impact assessment in accordance with the law, shall not start construction."

The revised draft has significantly enhanced the binding force of the EIA document, which has become a threshold for construction companies to avoid.

The draft stipulates that the construction unit fails to submit the EIA document of the construction project or the unauthorized construction of the document without authorization will be ordered to stop construction, impose a fine and resume its original status.

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< p > < strong > focus 3 < /strong > < /p >.

< p > < strong > illegal enterprises shall not be capped on a daily fine > /strong > /p >

< p > in the future, how high will the cost of environmental offences be? In view of the low cost of illegal environmental pollution and the high cost of obeying the law, the revised environmental protection law will increase the "daily penalty" requirement.

Bie Tao, deputy director general of the Ministry of environmental protection, said that the targeted measures taken against the common illegal phenomena such as enterprises' refusal to rectify the exceeding standard should be punished on a daily basis. The purpose is to increase the cost of breaking the law, which is an innovative administrative punishment rule in the current administrative system of China.

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< p > Biao Tao said that when deciding on fines, the environmental protection department should consider the operating costs of the enterprises' pollution control facilities, the harmful consequences caused by the illegal acts, and the illegal income and other factors to decide the fine amount, and the fine will be more targeted in the future and will be correspondingly raised.

Do you have any upper limit on the daily penalty? Biao Tao said that the environmental protection law stipulates the rules of fines and perfected the punishment procedure, which does not set the upper limit of the daily penalty. The scope of the fine, the specific amount, and whether to set up the upper limit or the lower limit will be stipulated by the special law.

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< p > < strong > focus 4 < /strong > < /p >.

< p > < strong > < a > href= > //www.sjfzxm.com/news/index_c.asp > > local government < /a > illegal principal responsible person take the blame and resign > /strong > /p >

< p > when the enterprise violates the law, what should be done about local protectionism?

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< p > according to the revised draft, the state carries out the responsibility system and assessment system for environmental protection objectives.

The people's governments at or above the county level shall incorporate the completion of environmental protection objectives into the examination contents of the departments and responsible persons of the people's governments at the corresponding levels, who are responsible for environmental monitoring and management, and the people's governments at lower levels and responsible persons.

The results of the examination should be made public.

For those who are directly in charge and other directly responsible personnel, they will be demerit, record or demoted, and the principal responsible person should take the blame and resign.

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