Data chart. Liu Guan of reporter of China News Service closes photograph
In report occupied new network on May 30 message of website of zoology environment ministry, zoology environment ministry recently print and distribute " the directive opinion that reduces quantity advantageous position freely about punishment of administration of farther normative and applicable environment " . " opinion " made clear 6 kinds of case from heavy punishment, include among them, heavy pollution exceeds mark to discharge enlarge to enrage contaminant during weather early-warning; In the case in investigating, to executing the law personnel undertakes minatory, abuse, beat up, threaten or hit retaliation.
Recently, print and distribute of zoology environment ministry " the directive opinion that reduces quantity advantageous position freely about punishment of administration of farther normative and applicable environment " , branch of environment of directive place zoology begins environmental administration to punish freedom to cut gauge into parts to be mixed make fiducially, applicable with supervisory job, administration of farther normative environment penalizes the exercise of the authority that reduce an amount, rise lawfully administrative ability and level, promote the just sex that execute the law and essence accurate sex.
Freedom reduces an amount fiducial it is the punishment that in legal laws and regulations the clause sets inside sort and extent, what how make punishment decide what to make is farther refine a regulation. Make freedom reduce an amount fiducial ought to be a basis with provision of law law plan, the condemnatory extent in the limit of that the amerce amount that at the same time it sets sets with provision of law law plan, cannot exceed the upper limit of the condemnatory range that place of provision of law law plan sets and lower limit namely.
" opinion " set the regulation that reduce an amount and fiducial applicable requirement, include investigation to obtain evidence, the case is examined, signal the applicable demand that decides to wait for 5 phase with hearing of witnesses, punishment, and from perhaps reduce again, lightly, avoid grant the punishment special status that reduces an amount.
" opinion " the regulation has one of following state, can from heavy punishment.
(1) two years congener environment violates internal cause behavior is punished 3 times (contain 3 times) of above;
(Mark exceeds to discharge enlarge to enrage contaminant during 2) pollutes weather early-warning again;
(3) is investigated in the case in to executing the law personnel undertakes minatory, abuse, beat up, threaten or hit retaliation;
(4) environment violates behavior to cause those who cross pollution of canton region environment;
(5) environment violates behavior to cause undesirable society echo;
(6) is other have from heavy clue.
Have one of following state, perhaps ought to reduce administrative punishment lightly lawfully.
(1) is eliminated actively or reduce an environment to violate behavior to endanger consequence;
(2) gets another person threatening the environment violates act;
(3) cooperates zoology environment branch to investigate an environment to violate behavior to make contributions is behaved;
(4) is other perhaps reduce administration lightly to punish lawfully.
Have one of following state, lest grant,can punish.
(1) violates act (be like " did not approve build first " ) did not cause an environment to pollute consequence, and company proper motion is carried out close to stop or be carried out stop to build, stop the measure such as production;
(Duration of 2) illegal behavior short, pollution is little (be like " platoon exceeding bid turns on the water contaminant does not exceed 2 hours, and multiple exceeding bid is less than 0.1 times, discharge capacity of day foul water is less than 0.1 tons " ; Be like again " time of trash of danger of non-standard keep in storage does not exceed 24 hour, amounts to be less than 0.01 tons, and of the environment outside was not being polluted " ) and finish that day rectify and reform;
(3) is other illegal behavior is slight correct in time, did not cause those who endanger consequence.
