上海打击环境犯罪日趋严厉 Shanghai is cracking down on environmental crime

    近年来，上海市打击环境违法行为的手段越来越丰富，执法效率也越来越高。记者近日从上海市环保局获悉，截至五月，今年上海已查处环保违法案件1656起，处罚金额1.58亿元，同比分别增长114.7%和116.3%，极大地震慑了环境违法者。案件数量和处罚金额的大幅增加，不仅是执法力度加大，也体现了上海在环境执法上的深度。

   为对9个储油罐进行切割，多名犯罪嫌疑人竟直接将油罐内的废煤焦油倾倒，导致河流、土壤被污染，处置费用高达700多万元。案发后，检察机关、公安机关、环保部门启动联动执法，形成办案合力，追捕多名嫌疑犯，成功侦破此案。日前，上海市闵行区人民检察院办理的这起案件，入选全国检察机关十大优秀监督案件。

   上海市环保局局长张全坦言，以往环境治理效果不理想，是因为违法成本低，执法手段不够先进和丰富。随着新《环保法》的实施，环境执法人员被赋予了查封、扣押的权力，环保部门可对排污超标或超总量的单位直接限产或停产。除强化环保处罚外，对未批先建、无证排污等4类行为，相关监管部门可对主管人员和直接责任人员处以治安拘留。

    今年前4个月，上海市已做出“按日计罚”案件11起，处罚金额达1731.5万元；查封扣押74起；限制生产、停产整治8起；移送行政拘留6起；移送涉嫌环境污染犯罪案件33起。

    为避免该企业屡教不改，环保部门还对其做出全厂停产整治的处罚决定，改完才能恢复经营，这一处罚决定戳到了企业的痛点。

  “停产整顿的处罚，比经济处罚的效果更明显。”上海市环境监察总队执法人员郭雅文表示，以往一些违法企业觉得改造污染治理设施或引入第三方治理的成本太高，宁愿交罚金，然后继续“带病上路”，他们更害怕的是停产和负责人被控制。

    除了严格执法，上海还通过不断出台更严格的污染物排放标准，倒逼低劣企业转型升级。企业一旦失败，只能面对产业转移甚至被清退出市场的结局。

严苛的标准能出成效，还要靠监管落实。上海市环保部门有关负责人表示，守住生态环境的底线，固然要靠最严厉的执法，但也不能流于“一刀切”式的监管。执法只是手段，最终目的是促进企业整改、守法。在企业的升级改造过程中，环保部门起到了关键作用。

    据悉，检察机关还加大违法案件曝光力度，定期通过政府网站、公共媒体等平台向社会曝光一批环境违法典型案件，及时通报处理结果。在办理案件过程中，检察机关引入参评机制，听取人民参检员对案件处理情况的意见和建议，主动接受社会监督。截至目前，金山区人民检察院已在5起环境类案件中引入人民参检员参与评议，扩大了检察机关的社会影响力。
 

    上海永爱健净化设备有限公司专业提供组合式VOCs废气处理新技术及设备。致力成为一家集研发设计、设备制造、工程承包及运营管理于一体的企业。公司拥有环境污染治理总承包资质、环境工程专项设计及多个相关专利证书，是环保协会会员单位。  

     In recent years, Shanghai has more and more means to crack down on environmental violations, and law enforcement efficiency has become increasingly high. As of may, 1656 cases of environmental violations have been investigated and punished in Shanghai, with penalties totaling 158 million yuan, up 114.7 percent and 116.3 percent, respectively, year on year. The sharp increase in the number of cases and the amount of penalties is not only a result of intensified law enforcement, but also a reflection of Shanghai's depth in environmental law enforcement. In order to cut and cut nine oil tanks, several suspects dumped the waste coal tar in the oil tanks directly, resulting in the pollution of rivers and soil. The disposal costs reached more than 7 million yuan. After the crime, procuratorial organs, public security organs and environmental protection departments launched joint law enforcement, forming a joint effort to deal with the case, hunting down a number of suspects and successfully solving the case. The case, which was handled by the people's procuratorate of minhang district of Shanghai, has been selected as one of the top 10 outstanding supervision cases of procuratorial organs in China.

Zhang quan, director of the Shanghai environmental protection bureau, admitted that the low cost of law enforcement and the lack of advanced and rich enforcement methods were the reason for the poor results of environmental governance in the past. With the implementation of the new environmental protection law, environmental law enforcement officers are given the power to seal up and detain, and environmental protection departments can directly limit or suspend production of units that discharge pollutants exceeding the standard or the total amount. In addition to strengthening environmental protection penalties, the relevant regulatory authorities may impose public security detention on the persons in charge and the persons directly responsible for the four types of ACTS, such as construction without approval and pollution discharge without license.

In the first four months of this year, Shanghai has issued 11 cases of "daily penalties", with penalties amounting to 17.315 million yuan. Seized and detained 74 cases; 8 remediation measures to restrict production and suspend production; Administrative detention in 6 cases; 33 cases of suspected environmental pollution were transferred.
In order to avoid the company's repeated insubordination, the environmental protection department also made a punishment decision to stop production of the whole plant to restore business. This punishment decision touched the pain point of the enterprise.

"The penalty for stopping production and rectifying is more effective than the economic penalty." Guo yawen, a law enforcement officer with the Shanghai environmental monitoring group, said that in the past, some illegal enterprises felt that the cost of reconstructing pollution control facilities or introducing third-party treatment was too high, they would rather pay a fine and then go on the road "with illness".
In addition to strict enforcement, Shanghai has been pushing poor companies to upgrade by introducing stricter pollutant emission standards. Once the enterprise fails, it can only face the result of industry transfer or even being withdrawn from the market.
Regulatory enforcement is needed to make tough standards work. The city's environmental protection department said that the bottom line of environmental protection depends on the strictest law enforcement, but not on "one-size-fits-all" supervision. Law enforcement is only a means, the ultimate goal is to promote enterprise rectification, law - abiding. The environmental protection department plays a key role in the process of enterprise upgrading and reconstruction.
It is reported that the procuratorial organs have also increased the exposure of illegal cases, regularly exposing a number of typical cases of environmental violations to the society through the government website, public media and other platforms, and timely reporting the results. In the process of handling the case, the procuratorial organ introduced the participation and evaluation mechanism, listened to the opinions and Suggestions of the people's assessors on the handling of the case, and took the initiative to accept social supervision. So far, the people's procuratorate of jinshan district has introduced people's inspectors to participate in the evaluation of five environmental cases, expanding the social influence of procuratorial organs.
 
Shanghai yongaijian purifying equipment co., LTD. Specializes in providing new technology and equipment for combined VOCs waste gas treatment. We are committed to becoming an enterprise integrating r&d, design, equipment manufacturing, engineering contracting and operation management. The company has the general contracting qualification of environmental pollution control, special design of environmental engineering and a number of related patent certificates, and is a member of the environmental protection association.

发布于2017-11-27