Changsha County, the third person in charge of a pharmaceutical company, was sentenced for burning expired drugs in stock： committing environmental pollution.
The maple leaves in Yuelu Mountain are red all over the floor again.
Liuyang River continues its nine-bend waterway.
Inflow into Xiangjiang River and breed children of Huxiang.
The beautiful land and water continent is still full of vitality.
This is the environment in which we live.
But some people want to destroy it.
On June 5 this year, Changsha Intermediate People’s Court set up an environmental resources court to hear cases involving environmental resources protection according to law. Over the past year, under the guidance of the supreme leader’s ecological civilization thought, Changsha two-level courts have actively tried environmental resources to make the mountains greener, the water clearer, the sky bluer and the clouds whiter, and provided strong judicial guarantee for ecological security protection on the basis of the results of centralized trial and implementation of "Spring Thunder Action" in protecting "Mother River" and "Mother Lake". Fully safeguard the ecological environment safety and public environmental rights and interests in Liuyang River, Laodao River and Nanchuan River basins.
one
One kilogram of electric fish was sentenced to release 1600 fry.
The pictures in this article are all from the "Changsha Intermediate People’s Court" WeChat WeChat official account
Basic case: Since April 1, 2016, the Changsha Municipal People’s Government has banned fishing all the year round in the waters of Liuyang River from Xiangjiang River estuary to Dongtunduqiao. At about 21: 00 on June 13, 2018, Ye Moguo and Deng Mou were in the no-fishing area on the west side of Wanjiali Viaduct in Liuyang River, Furong District, Changsha City. Ye Jianguo used a battery electric shock fishing device for illegal fishing, and Deng Bo was responsible for using barreled fish. About an hour later, he was arrested by the police on the spot. Seizure of a set of electric shock fishing devices, a plastic bucket, two headlights and various illegally caught aquatic products.
Referee’s result: The court ruled that Ye Mouguo was guilty of illegal fishing of aquatic products, and sentenced him to 2 months’ criminal detention and suspended for 3 months. Ye Moguo and Deng Mou, the defendant in the incidental civil public interest litigation, shared the responsibility of repairing the fishery ecological environment and fishery resources, and put no less than 1,600 silver carp and bighead carp in their electric fish waters, weighing more than 80 kilograms, with 50% silver carp and bighead carp fry each, and publicly apologized in the news media at or above the municipal level.
2
In order to eat fish, father and son were both sentenced for fishing during the fishing ban.
Basic case: In order to have fun and improve food, Chen Mou Fu took his son Chen Mou Fang to the waters of Laodao River in Changsha for electric fishing. The two men drove to the waters of Laodao River with electric fishing tools brought from their hometown, and carried out illegal fishing during the fishing ban and fishing ban. Chen Mou Fushen’s back battery is responsible for electric fish, and Chen Mou Fang is carrying barreled fish to catch two kilograms of various aquatic products. The two were arrested by the public security organs after being reported by the masses.
Referee’s result: Defendant Chen Mou Fu committed the crime of illegal fishing of aquatic products and was sentenced to three months’ criminal detention and suspended for three months; Defendant Chen Mou Fang was convicted of illegal fishing of aquatic products and sentenced to two months’ criminal detention and suspended for two months.
three
A 60-year-old man who discharged nearly 300 times of zinc-containing wastewater was sentenced
Basic case: In August 2017, the defendant Sun Mouxian started to set up a galvanizing workshop in the rented demolition transition room, mainly engaged in punching processing of metal products and galvanizing in electroplating bath. On October 20, 2017, the Monitoring Brigade of Tianxin District Environmental Protection Bureau conducted an on-site inspection of the workshop, and found that Sun’s galvanized workshop did not go through any environmental assessment procedures and had no sewage treatment facilities. The raw materials used were mainly iron plates, zinc ingots and galvanized blue-white passivators, which were discharged. In this workshop, four vats of tap water are used to cool the galvanized sheet, and the wastewater is directly dumped in the courtyard, and flows into the drainage ditch and rainwater ditch together with domestic water and rainwater, and directly discharged to the vegetable field outside the wall without any treatment. After testing, the total zinc emission exceeds the national standard by 100-300 times.
Referee’s result: Defendant Sun Mouxian was sentenced to one year’s imprisonment and fined 10,000 yuan for environmental pollution.
four
The first case of environmental pollution caused by illegal disposal of hazardous waste was convicted.
Basic case: Defendants Cao Moumou, Zhang Moumou and Li Mou are the legal representative, deputy general manager of quality management and manager of quality management department of the pharmaceutical company of the defendant unit respectively. On the morning of February 7, 2018, due to the excessive accumulation of expired drugs and unqualified drugs in the unqualified warehouse, the pharmaceutical company needed to deal with them in time. After discussion and discussion, it was decided to transport the above-mentioned drugs to a construction site on the west side of Dongqi Road in Changsha County for direct incineration and burial. On the afternoon of the same day, Zhang Moumou and Li transported the drugs that needed to be treated by truck to the place designated by Cao for incineration, which was discovered by the staff of Changsha County Administrative Law Enforcement Bureau.
Referee’s result: The actions of the defendant’s pharmaceutical company, the defendants Cao Moumou, Zhang Moumou and Li Mou all constituted the crime of environmental pollution, and at the same time, it was found that the defendant’s pharmaceutical company was fined 60,000 yuan according to law, and the defendants Cao Moumou, Zhang Moumou and Li Mou were sentenced to fixed-term imprisonment ranging from one year to six months and fined.
five
The first case of criminal incidental civil environmental public interest litigation in the city
Basic case: At 19 o’clock on August 31, 2017, Xiong and Wang drove an electric fishing boat to fish with electricity in the waters from Caijiazhou to Hongjiazhou in Wangcheng District of Xiangjiang River. At about 22 o’clock that night, the police rushed to the scene to arrest Xiong and Wang. On the spot, the police seized an electric fishing boat used by Xiong and Wang, a Sanxiang AC synchronous generator, two electric fishing rods, two fishing nets, a plastic bucket for fish and 17.48 kilograms of aquatic products.
Referee’s result: Defendant Xiong violated the laws and regulations on the protection of aquatic resources, and together with Wang, he used the method of banning electric fish in the no-fishing area and during the no-fishing period. The circumstances were serious, and his behavior constituted the crime of illegal fishing of aquatic products. The defendant Xiong was convicted of illegal fishing of aquatic products and sentenced to one year’s imprisonment. The criminal judgment of Shanghai Pudong New Area People’s Court (2016) No.2825 at the beginning of sentence 0115 was revoked, and the defendant Xiong was suspended for three years for committing credit card fraud. The combination of two crimes decided to execute three years’ imprisonment; Confiscate criminal tools according to law; Defendant Xiong and defendant Wang shared the responsibility of destroying the fishery ecological environment and restoring fishery resources, and publicly apologized in the news media above the municipal level.
six
If you are lucky enough to traffic camphor, you will plead guilty and be punished for violating the criminal law.
Basic case: Since February 2018, Liu Moxiu has contacted Wen Mousheng and others, and agreed to purchase camphor trees with DBH of 15cm, 18cm and 20cm at the price of each plant in 120 yuan, 140 yuan and 160 yuan, and paid a deposit of 2,000 yuan to Wen Mousheng. In order to make illegal profits, it is also agreed to purchase "Cinnamomum camphora" by doping. At the beginning of March, Wen Mou-sheng dug 21 camphor trees in his own hilly land, and together with Wen Mou-bing, he bought 47 camphor trees at the price of each tree in 40 yuan, made them into "bald seedlings" without soil balls, and sold them to Liu Mou-xiu for 8,840 yuan. On March 12th, Liu Moxiu transported 68 camphor trees and 11 camphor trees purchased from other places to Shuangjiangkou Town, and was seized by Ningxiang Forest Public Security Bureau. Seven camphor trees were found to be the national second-class key protected plants, of which six were excavated by Wen Mousheng from his own mountain, and one was acquired by Wen Mousheng and Wen Mobing.
Referee’s result: Wen Mousheng, Wen Mobing and Liu Moxiu all violated the provisions of Article 344 of China’s Criminal Law, which respectively constituted the crime of illegally purchasing and selling state-protected plants and the crime of illegally purchasing and transporting state-protected plants. The court sentenced three people to criminal detention and fined them.
seven
Arbitrary discharge of sewage is punished
Basic case: The defendant Su Mou carried out illegal electroplating without obtaining environmental impact assessment documents, going through environmental protection-related examination and approval procedures and having no pollution prevention facilities. The generated wastewater is directly discharged into the sewer and seepage pit without any leakage-proof facilities. After testing, the discharged wastewater contains heavy metal toxic substances such as hexavalent chromium and zinc, which exceeds the national discharge standard of electroplating pollutants and causes serious pollution to the environment.
Referee’s result: After hearing the case, the court held that the defendant Su Mou violated the state regulations and discharged wastewater containing heavy metals and toxic substances, which seriously polluted the environment. He was sentenced to one year and six months’ imprisonment for environmental pollution and fined RMB 10,000.
eight
Illegal fishing of aquatic products was sentenced.
Basic case: On the evening of March 13th, 2018, Mao Mouyou and his son Mao Mobao illegally fished in conservation zone, a national aquatic germplasm with endemic fish in Liuyang River, from the sewage outlet of Daxi River in Mazhou Community of Dahu Town to Rubber Dam Hydropower Station. In four hours, Mao Mouyou and his son captured 10.85 kilograms of aquatic products such as grass carp and carp in the waters.
Referee’s result: After hearing the case, the court held that Mao Mouyou and Mao Moubao violated the laws and regulations on the protection of aquatic resources, and used prohibited methods to catch aquatic products in the no-fishing area and during the no-fishing period. The circumstances were serious, and their actions both violated the provisions of Article 340 of the Criminal Law of People’s Republic of China (PRC), which constituted the crime of illegal fishing of aquatic products. At first instance, Mao Mouyou was sentenced to six months’ imprisonment, and Mao Moubao was detained for four months and suspended for four months.
# Operation Spring Thunder #
Since 1950, the world population has nearly doubled. But since 1950, we have made more fundamental changes to our island, the earth, than in the past 200 thousand years. Mountains, rivers and energy are all decreasing rapidly. In order to give children a green mountain and clear water to grow up in, what we have to do is to unite as one and resolutely crack down on environmental pollution. This is not an individual behavior, but should be the goal of families, groups and even all mankind!
What matters is not what has disappeared, but what we have now. We still have half the world’s forests, thousands of rivers, lakes and glaciers, and thousands of biological species.
So, take action and protect your home by yourself!
(The original title "Changsha court warned by case: those who destroy the ecological environment have to stop! 》）