With case view
Brief introduction of details of a case:
The controller of hoggery of accuser rich Shan Mou at some some contracted 2005 a hoggery of local, signed more than 30 years contract contract. Letting what he did not think of is, 2013, begin to build on hoggery had high-level residence village. Because the distance is too close, resident sends out to hoggery all round the peculiar smell that come out is complaints are heard everywhere. A lot of people walk to environmental protection branch to complain this hoggery.
After environmental protection branch is undertaking to hoggery the spot is checked, discover accuser existence do sth without authorization will breed liquid waste to emit into the circumstance of wadi inside sedimentation basin, undertake to accuser put on record is investigated then. On September 1, 2015, environmental protection branch notes according to investigating an inquiry, the spot is checked (reconnaissance) note, the evidence such as photograph of the environmental report that monitor, spot, the facilities of liquid waste processing that cognizance accuser builds is unqualified, do sth without authorization throws cultivate birds to breed production, liquid waste will breed to emit into wadi inside sedimentation basin, the liquid waste of eduction exceeds " Shandong saves water pollution of region of little clear river content discharges a standard integratedly " regulation, this behavior was disobeyed " cultivate birds dimensions breeds pollution prevention ordinance " thirteenth the 2nd regulation, satisfy a basis " cultivate birds dimensions breeds pollution prevention ordinance " thirtieth 9 regulation, make administration punish decision book to accuser, make to accuser halt production instantly, be in the punishment that with the RMB one fines 10 thousand yuan. Accuser refuses to obey this administration punishs a decision, it is the accused with environmental protection branch, to me the courtyard mentions lawsuit of politics of start on a journey, the administrative punishment that requirement cancel the accused makes decides a book.
Controversy focus:
Accuser thinks, hoggery is him contract have pig farm already, and during, the branch returned the environmental protection equipment to hoggery to undertake transforming upgrading related the government. Accordingly, the punishment of the accused does not have a basis. The accused argue says establishment belongs to the environmental protection of this hoggery to be built oneself, did not apply for environmental evaluation, break the law apparently. Hind, accuser just points out again, the accused executes the law personnel is in execute the law the existence on the program violates act.
Adjudicative result:
" cultivate birds dimensions breeds pollution prevention ordinance " thirteenth the 2nd regulation, the establishment of form a complete set that builds by oneself is unqualified, cultivate birds farm, breed a village to investment is produced or must not be used. Thirtieth sets 9 times, violate this byelaw regulation, the establishment of form a complete set that builds by oneself is unqualified, cultivate birds farm, breed a village to throw production namely, use, by environmental protection of government of people of prefectural class above director branch is instructed stop to produce or be used, can be in 100 thousand yuan of the following amerce.
In this case, after the accused receives masses to mirror accuser to discharge those who put in a suitable place to breed breed liquid waste enters wadi to complain, via spot examination, undertake to accuser put on record is investigated lawfully. Examination of inquiry of investigation of course of the accused after put on record, spot, spot takes a picture, water quality sampling entrusts an environment to monitor a station to detect wait for the job, investigation checked case case, form investigation terminative report. Collective of the accused classics discusses, make administrative punishment be informed beforehand lawfully book, hearing of witnesses informs a book and Xiang Yuan tells service, according to the hearing of witnesses of accuser application organizes hearing of witnesses after, form book of opinion of hearing of witnesses. Later, the accused makes rich annulus punish a word lawfully [2015] punishment of the 19th administration decides a book, and Xiang Yuan tells service. The program that the accused makes administration punish a decision is basic and legitimate.
But " administration of People's Republic of China sanctions a method " the 42nd the first (2) regulation, the executive authority ought to be in of hearing of witnesses 7 a few days ago, inform party holds the time of hearing of witnesses, place, according to the fact that this case finds out, the accused is apart from time of hearing of witnesses to be not worth 7 days to the time of advice note of accuser service hearing of witnesses, do not accord with afore-mentioned law to set. The attorney attends a hearing and already expressed an opinion adequately in view of accuser, did not produce practical effect to plaintiff right, should violate behavior to be able to 't cause administrative action by cancel, but should affirm the accused organizes program of hearing of witnesses to break the law lawfully.
The investigation inquiry that offers according to the accused notes, the spot is checked (reconnaissance) note, the evidential material such as photograph of the report that monitor, spot, the breed aquatics that can prove accuser liquid waste enters sedimentation basin, emit into wadi of Yue Yang river directly namely after sedimentation basin is full, and emit into wadi liquid waste to exceed " Shandong saves water pollution of region of little clear river content discharges a standard integratedly " the fact of the regulation that discharges a standard. The establishment of form a complete set that the accused builds with this cognizance accuser proper motion is unqualified, throw production namely, use, the fact is clear, evidence is sufficient. According to the standardization of accuser dimensions is changed transform a project to implement plan, build an unit namely hoggery of rich hill ** , because this is right,the establishment of hoggery form a complete set that accuser puts forward is not the position that its build by oneself, this academy does not grant to adopt.
The fact that the accused basis finds out, applicable " cultivate birds dimensions breeds pollution prevention ordinance " thirtieth 9 regulation, make to accuser halt production instantly, be in the punishment that with the RMB one fines 10 thousand yuan, applicable code is right.
On put together, the administration that the accused makes to accuser is punished, evidential authentic, applicable code is right, coincidence method decides a program, adjudicate the suit that rejects accuser requests.
The judge sends word
Administrative case is simple for, want to whether undertake checkup legally to administrative action namely. Specific in the case, the fact that should examine its to make administration punish a basis namely is clear, evidence is sufficient, execute the law of personnel execute the law the program is normative, applicable law is correct. If maintain the accused to be in,execute the law the existence on the program violates act, so, our court is to want what its administration punishs cancel. With respect to this case character, if cancel administration is punished, certainly will of environmental protection branch wants new to the part of existence controversy investigation to obtain evidence, open new punishment to decide a book then. If accuser is right new punishment is malcontent, need to be sued afresh, can saying is right each just are not very ideal outcome.
