Recast Civic Confidence, Starting With "Conocophillips Claim".
A few days ago, 204 farmers in Long Island, Shandong, commissioned a lawyer to "claim" 606 million yuan directly from ConocoPhillips, which is second claims from the citizens of the contaminated area since the oil spill accident occurred in Penglai 19-3 oil field in Bohai in June 2011.
By the end of last year,
Hebei Province
29 farmers in Leting County submitted a petition to the Tianjin maritime court to claim $234 million 700 thousand against ConocoPhillips.
Recently, there is news that this difficult case filing "ConocoPhillips claims first case" has not made any progress so far.
Prior to this, in January 25th this year, ConocoPhillips, Ministry of agriculture and CNOOC three released at the same time, said ConocoPhillips will invest 1 billion yuan to solve the problem of compensation and compensation for livestock and natural resources in Hebei and Liaoning provinces and counties in Bohai.
Compared with the ambiguity that had been avoided by accident and compensation, the ConocoPhillips have been improved greatly, but the compensation figures still exist many fatal defects.
The first thing to bear in mind is the "Absence" of the compensation object, followed by the so-called "1 billion yuan compensation" calculation process and standard, and the public can not know it.
According to the "1 billion yuan compensation scheme".
region
Including the direct claim of Shandong Long Island farmers.
Shandong Province
The polluted areas have not been listed, and even the farmers in Hebei and Liaoning, who have already been listed, are still ignorant of the compensation scheme.
It is very necessary to ask backwards what is the compensation area that the compensation scheme completed in the form of administrative mediation is completed. When the injured farmers are not represented, how can the default compensation decision cover all the damaged rights and interests? Is the 1 billion yuan compensation figure generally alleged to be enough to cover all the losses?
Not to mention, the scheme has a long time to be postponed from the implementation of compensation to implementation, from implementation to distribution.
We need to see that the present form of civil environmental rights litigation still belongs to the scope of general civil litigation, rather than the environmental public interest litigation in the true sense.
The absence of public interest litigation has caused citizens to remain in a state of incapability for environmental public interests for a long time.
Although the draft of the draft civil action law is being revised, the provisions of public interest litigation have been written to stipulate that the relevant organs and social organizations can bring a lawsuit to the people's court for the "environmental pollution, the infringement of the legitimate rights and interests of many consumers, and so on." from the Kang Fei incident, it is not difficult to see that the "relevant organs" not only reckless with the rights of civil claims, but also have less agreement with ConocoPhillips in the so-called "1 billion yuan compensation scheme" in the "restoration and maintenance of natural fishery resources".
And the citizen who is most likely to say "no" is also excluded from the eligible body by the "public interest litigation clause".
The long-standing plight of public interest litigation in China can be seen from the ConocoPhillips incident one or two, and far from being added to a clause in the bill.
According to the experience of similar cases in the past, citizens' efforts to seek compensation through legal channels are obviously not only easy but also a difficult case.
From the litigation process, although in accordance with the Civil Procedure Law
Regulations
The action of damages caused by environmental pollution is different from the onus of proof of "who advocates the proof", but the so-called inversion does not bear the burden of proof, but the injuring party (in this case, ConocoPhillips) is only "bear the burden of proof on the causal relationship between the exemption of the law and its actions and the consequences of the damage".
Such cases still exist. The injured party has difficulty in proving the amount of damage, and the absolute superiority of the information, capital and technology possessed by the defendant, which makes the plaintiff in a relatively inferior position and is not easy to collect evidence.
Moreover, such widespread cases as poisoned milk powder and other groups have repeatedly been subjected to various local accusations and far beyond the scope of the judiciary, resulting in a long time that the case can not be resolved and citizens have to give up halfway.
Even more often, people are forced to socialized and politicize legal issues because of their poor access to law.
government
It is also easy to see and get accustomed to this dispute resolution, ignoring the accumulation of hidden dangers and contradictions.
From this point of view, the two civil group claims that we see now have valuable models. Citizens' rights and interests are infringed upon, and the channels of choice and maintenance through legal means should not be remedied.
Citizens choose to believe in the law, which is the trust of the authority of the state. In contrast, judicial practice is not difficult to find that Chinese people hardly see any public environment claim, and gain justice through legal channels.
This country in the constitution expressly establishes the rule of law as its ideal of governing the country, and it urgently needs a lawsuit with benchmarking significance to recast the minimum confidence of citizens in safeguarding their rights according to law.
Why does this node start with the claim to ConocoPhillips?
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