South Liu Ying of the wave after Zhao Zongwen of reporter of Jing of dispatch reporter Lv is introduced from the northern and western nationalities or from abroad is clear this morning, in Zhongshan city first instance of intermediate people court sentences front courtyard inside, first instance of Guangzhou admiralty courtyard adjudges issue of liability of ocean environment of a pollution case of civil commonweal litigation. The court adjudicates the accused Peng Mou counterpoises lawfully the pecuniary loss that 4 people recoup zoology repair expenses, environment to pollute generation jointly and appraisal evaluate cost to wait aggregate more than yuan 7.45 million, some gets the better of Yuan of another the accused to assume liability to pay compensation inside certain limits. This case is " code of civil law " revise after applying, the whole nation first marine zoology environmental protection that sue by support of procuratorial work mechanism are civil commonweal litigation case.
On August 30, 2016, zhongshan city ocean and piscatorial bureau the staff member discovers when go on a tour of inspection of maritime space of area under administration, shipping presses down horizontal door in Zhongshan city people east go to sea bank of 12 beacon light surrounds channel place dump is deserted rubbish.
Mechanism of public security of classics Zhongshan city is found out, 2016 7, during August, the 5 people such as some authority of Fosan citizen Peng are surrounded with consolidate bank for excuse, press down 3 strong dock to carry the litter such as the deserted glue paper of the paper mill past people presses down horizontal door from Dongguan central scroll jointly east go to sea bank of 12 beacon light surrounds channel place have tip, right all round maritime space causes huge environment pollution. Huana Institute of Environmental Science suffers bureau of Zhongshan city environmental protection to entrusted the contaminative circumstance of pair of circumjacent maritime space to make an environment damage appraisal to evaluate a report. Final judgment of court of intermediate people of city of first instance of court of the first people, Zhongshan holds Zhongshan city the 4 people such as Peng Mou authority make contaminative environment crime.
On April 16, 2018 afternoon, zhongshan city ocean and piscatorial bureau put forward civil suit to request to Guangzhou admiralty courtyard, this also is become " code of civil law " revise after applying, the whole nation first marine zoology environmental protection that sue by support of procuratorial work mechanism are civil commonweal litigation case.
On April 18, 2018 morning, guangzhou admiralty courtyard makes public open a court session to hear this case, liu Dong of leaf of dean of Guangzhou admiralty courtyard holds the post of a presiding judge, xie Xiang of chief procurator of procuratorate of Zhongshan city people takes an examination of a support to prosecute a person. The appeal since Zhongshan city ocean and piscatorial bureau begs a court to sentence 5 the accused such as authority of your Peng Mou to assume restore loss of environmental charge, compensation to wait aggregate more than yuan 7.8 million.
5 people are sentenced to compensate for more than yuan 7.45 million
This morning, guangzhou admiralty courtyard is adjudged to this case first instance. Read out of leaf of admiralty courtyard of this case presiding judge, Guangzhou Dean Liu Dong adjudicates a result. The court thinks, polluting issue of ocean environment liability is the new type case that people court hears in recent years, the loss that contaminative ocean environment causes often lacks the direct, specific, computation standard that can quantify, the person that needs to have technical knowledge makes appraisal opinion.
After this case pollutes incident happening, zhongshan city environmental protection bureau trusts link division place horizontal to Zhongshan city door east go to sea bank of 12 beacon light surrounds channel environment of incident of rubbish dump pollution is damaged undertake appraisal is evaluated, made after appraisal of link division place evaluate a report. Link division place is the first batch of environments that ministry of our country environmental protection recommends damage appraisal to evaluate the appraisal orgnaization in recommending orgnaization directory, have an environment to damage appraisal to evaluate aptitude. Should evaluating a report is Peng Mou authority the evidence in case of 4 people criminal, regard cognizance criminal case as factual basis. 5 the accused report to evaluating only demur, but fail to offer sufficient photograph counterevidence to prove according to giving.
According to " law of liability of tort of People's Republic of China " the 8th, the 65th, " ocean environment of People's Republic of China protects a law " the 89th, " code of civil law of People's Republic of China " fiftieth 5, the 64th the first, and " top people court about trying an environment statute of comfortable use of civil commonweal contentious case the explanation of a certain number of problems " , the court adjudicates the 4 people such as some authority of the accused Peng recoup zoology rehabilitate cost jointly lawfully 3, 725, 589.78 yuan, some gets the better of the accused Yuan in 353, implicative liability to pay compensation is assumed inside 297.68 yuan of limits, above money hands in the treasury, with the zoology environment that is harmed at repair; Some authority of the accused Peng each pecuniary loss that because the environment pollutes generation,4 people recoup jointly 3, 531, 748.5 yuan, some gets the better of the accused Yuan in 334, implicative liability to pay compensation is assumed inside 915.71 yuan of limits, above money hands in the treasury, with the zoology environment that is harmed at repair. In addition, some authority of the accused Peng 4 people compensate for appraisal to assess fee jointly 350 thousand yuan, detect cost 192, 800 yuan, attorney representative expends 20 thousand yuan, some gets the better of the accused Yuan in 53, implicative liability to pay compensation is assumed inside 370.32 yuan of limits.
Photography | South reporter Wu Jin (south the data pursues)
