The New Environmental Protection Law Stipulates The Obligations And Rights Of Enterprises.

A month after the implementation of the newly revised "Environmental Protection Act", there were several reports of detainees responsible for illegal sewage disposal, and some enterprises were punished continuously and continuously for refusing to correct illegal acts.

Some executives said that in the past, they did not know much about the environmental protection law, they were not clear about their legal obligations, nor did they know how much they had.

If the environmental protection act before the amendment is relatively soft, it is also too late for enterprises to turn over temporarily.

The new environmental protection law strengthens the environmental responsibility of enterprises, and also standardizes the rights enjoyed by enterprises.

Failure to perform duties and obligations will be punished accordingly, and penalties will be much more severe than the revised "environmental protection law". In particular, seizure, detention, continuous punishment and administrative detention are all new provisions.

Enterprise law-abiding operation, of course, including strict compliance with the new "environmental protection law".

Ignorance of the law will ultimately pay a price.

At the same time, enterprises must act in strict accordance with the new environmental protection law, and they can also effectively protect their legitimate rights and interests.

Then, what obligations and rights do the new environmental protection law stipulate? What we consider is that they can be summed up as 10 "ought", 7 "no" and 8 "can".

What is the legal obligation of an enterprise?

The law stipulates that obligations generally appear in two modes of behavior.

One pattern is what should be done, that is, "should be". Some behavior should be done, such as sewage discharge and cleaner production. The other mode is to prohibit what to do, or not to make any kind of behavior, that is, "no action", such as illegal sewage disposal and no prior approval.

These are obligations prescribed by law, that is, statutory obligations, which must be fulfilled.

"Should be" and "do not", "not for" and "for" are illegal, to assume legal responsibility.

Before the revision of the new environmental protection law, enterprises should clean production, discharge pollutants according to pollutant discharge permits, discharge information publicly, establish environmental protection responsibility system, and install and use monitoring equipment.

Some of these contents have been stipulated in the single act or departmental rules. The new environmental protection law has adopted the relevant regulations of other laws, regulations, rules and documents, and has been unified and standardized.

There are 4 main aspects of the statutory obligations of an enterprise.

First, the obligation to clean production, including priority should be given to the use of clean energy, and the adoption of technologies and equipment with high utilization rate of resources and less discharge of pollutants.

The two is emission reduction and legal sewage duty, including the prevention of pollution and harm, and the illegal discharge of pollutants by means of evasion of supervision, such as underground pipes.

The three is environmental management obligations, including the establishment of responsibility system for environmental protection, installation and use of monitoring equipment, and plans for unexpected environmental incidents.

The four is to accept the obligation of supervision and supervision, including not to be built without prior approval, to accept on-site inspection, and to disclose public information on sewage.

If enterprises fail to fulfill their statutory obligations, what responsibilities do they need to undertake? Generally speaking, there are 3 types of responsibilities: civil, administrative and criminal.

Civil liability means that when causing pollution damage, it is necessary to bear the responsibilities of removing hazards, restoring the original state and compensating damages.

Administrative responsibilities include the seizure and seizure of sewage facilities and equipment; administrative penalties such as fines, closures and closures; administrative orders made by the environmental protection departments, such as ordering corrections of illegal activities; administrative sanctions; and those who are directly responsible for the appointment of the state administrative organs or other persons directly responsible for the enterprise, if they engage in illegal construction, production or business operations, are generally given a downgrade.

Criminal liability means that when a company's actions constitute a crime, the court shall impose a fine on the enterprise, and sentenced the person in charge directly responsible and other responsible persons to fixed-term imprisonment and fines.

In short, if the company fails to fulfill the new "

"Environmental protection obligations" may be sealed up, seized sewage facilities, equipment, fines, and continuous penalties, ordered to correct illegal acts, ordered to stop construction, order to restore the status quo, order production restrictions, stop production regulation, ordered to shut down, shut down, or even detention, criminal punishment.

The new "environmental protection law" stipulates that the mode of liability is more severe than before, adding mandatory measures for sealing up, detaining sewage facilities and equipment, and continuing fine and detention on a daily basis.

If an enterprise fails to correct the illegal sewage, it may be punished by the continuous punishment. The directly responsible person and other responsible personnel may be punished by administrative detention.

Just as some business executives say, we should not be lucky enough to pay a fine as before, so we can continue to polluters illegally.

Special attention should be paid to the application of the new environmental protection law to limit the personal freedom of offenders.

In the case of administrative detention and the application of the environmental protection law, the sixty-third section of the new environmental protection law stipulates 4 applicable situations: (1) the construction projects are not ordered to stop construction and refuse to carry out the environmental impact assessment according to law; (two) in violation of the law, they have been ordered to stop discharging pollutants and refuse to execute the pollutants without obtaining pollutant discharge permits; (three) illegal discharge of pollutants through underground pipelines, seepage wells, filling or tampering, forgery of monitoring data, or improper operation of pollution prevention facilities; and (four) production and use of pesticides banned by the state for production and use, which are ordered to be corrected and refused to be corrected.

In these 4 cases, the law stipulates a "double punishment system", that is, direct detained persons in charge of direct detention and persons directly responsible, and at the same time punish sewage enterprises.

The crime of polluting the environment is also a "double punishment system", that is, pollution enterprises and responsible natural persons constitute a crime, that is, enterprises and directly responsible persons and directly responsible persons constitute a crime. They can impose a fine on the enterprise, and directly responsible persons and persons directly responsible shall be sentenced to fixed-term imprisonment or criminal detention in accordance with the relevant provisions.

How do the detained persons, directly responsible persons and directly responsible personnel, understand? The Interim Measures for the pfer of applicable administrative detention environmental violation cases jointly issued by the Ministry of public security and the Ministry of environmental protection and other departments stipulate that the directly responsible persons in charge refer to those who are the main profiteers of illegal activities and those who have decision-making power in production and operation.

We understand that shareholders of enterprises, general managers, directors and deputy general managers who are responsible for environmental protection work may be punished by detention, and not subject to subjective "intentional" organization and arrangement.

As long as the enterprise has implemented the behavior of evading supervision, the relevant management personnel will be punished by detention. Other direct responsible personnel do not refer directly to those who directly evade the supervision of sewage disposal. Even if the staff of the enterprise do not hand in hand, they will be detained if they are employed outside the company.

Regarding the understanding of the persons directly responsible for the crime subject of environmental pollution and the persons directly responsible for it, the public security organs will refer to the provisions of the Interim Measures for administrative departments to pfer the applicable administrative detention cases of environmental violation cases when handling cases.

Obligations and rights are corresponding. The new environmental protection law stipulates the obligations that enterprises must fulfill, and also defines the rights that enterprises can enjoy.

These rights are summed up as eight "yes".