On June 5 morning, beijing cases of first litigation of air pollution commonweal that mention by procuratorial work mechanism, in Beijing first instance of court of the 4th intermediate people is adjudged, the accused Beijing is colorful limited company of engineering of steel structure of couplet art international because behavior of zoology environment tort, be sentenced to make compensate for more than yuan 894 thousand lawfully, use at the protection of zoology environment, rehabilitate, processing. In the meantime, step of effective environmental protection is taken in the proof, continue to produce before according with environmental protection standard, prohibit producing base to be engaged in relevant treatment producing action formerly.
Sue procuratorate of person Beijing people according to commonweal lawsuit the prosecution of the 4th branch department, colorful company is a business that basically pursues steel structure treatment. This company is engaged in steel structure machining the waste gas or steam of volatile organic matter with the much generation in spray paint process, did not set according to law undertake in airtight space or equipment spray paint works, establishment of prevention and cure of Yi Weian outfit, use pollution or adopt measure to reduce exhaust emission, the waste gas of volatile organic matter that causes spray paint generation is direct outside platoon air environment, caused environmental pollution, enroach on the society is communal interest. The requirement is sentenced your the enroach on that colorful company halts pair of atmosphere environments, compensatory zoology environment damages 894880 yuan, make an apology publicly to the society in provincial above media, assume appraisal to expend 33000 yuan.
After 4 quadrangle classics tries Beijing, those who supported commonweal lawsuit to prosecute a person is all 4 lawsuit request, sentence your colorful company takes step of effective environmental protection in the proof, continue to produce before according with environmental protection standard, prohibit be engaged in involving spray paint, solder the steel structure treatment that waits for generation lacquer mist and organic waste gas produces action, compensate for the zoology environment that because of its behavior creates to damage 894880 yuan at the same time, special use at zoology environmental protection, rehabilitate, processing.
After the court decision, the litigant agent of colorful company expresses, at present the workshop of colorful company has been demolished, equipment carries away, worker demobilization, do not have the plan that continues to produce at present.
According to Beijing Sun Li of 4 quadrangle dean introduces, 2015 up to now, beijing 4 quadrangle add up to accept an environment amount of civil commonweal contentious case 16, among them 13 of organism to lodge a complaint, 3 of to lodge a complaint of procuratorial work mechanism. From the case cognizance procedure looks, does civil commonweal contentious case present the environment: of the following characteristic? ? of Gou of joyous play of canister of noise of of the obituary before emperor besides the air pollution that just adjudges kind outside the case, still include pollution of solid trash pollution, environment of soil contamination, water pollution, campus, production to arrange the of all kinds issue such as aeriform pollution. 2 it is new type case ceaseless also emerge in large numbers, for example the commonweal contentious case that the federation of volunteer of Chongqing city green that this courtyard accepts prosecutes, the one-time chopstick that terrace sells outside involving Internet, plastic products, outside the influence that sells rubbish to be caused to zoology environment, the environmental protection new demand that reflected Internet to the service develops and consume transition to bring.
In the meantime, in cognizance environment in civil commonweal contentious case, environmental appraisal becomes crucial link, destroy fact of environment of zoology, pollution among them, damage consequence and compensation to what public interest creates zoology environment and society, the repair program of opposite state environment perhaps replaces sexual repair program to wait, it is the main field of appraisal, have stronger complexity and professional.
The reporter understands, be aimed at afore-mentioned new characteristics of environmental commonweal lawsuit, 4 quadrangle had built Beijing " stand, careful, hold join passageway of lawsuit of commonweal of environmental protection green " , take environmental commonweal lawsuit " 4 synchronism " measure, namely the synchronism after put on record turns case material to try law court, make try front courtyard to be able to know details of a case to accuser according to case case, take corresponding environmental protection step in time; The synchronism after put on record hears environmental case to social community announcement circumstance and inform organism to be able to be participated in or support environmental commonweal lawsuit; The synchronism after put on record is in charge of a branch to give out commonweal lawsuit to inform a book to administration, supervise and urge administrative director branch takes step; The synchronism after put on record adopts full measure of be bailed out, advocate careful judge head for field survey for a short while, conserve environmental evidence, adopt belongings to conserve with behavior lawfully at the same time, prevent an environment to damage expand.
□ reporter Huang Jie
□ reporter pays gold
N/arc drafting / Li Xiaojun
