Environmental pollution crime and resource reuse: Recycling industry “always has some” pollution

2022-08-05 0 By

Recycling industry to deal with iron barrels and other waste materials always some pollution;Engaged in used business needs to obtain a special trade license.Recently, wuxi Ecological environment Bureau investigated “he” was fined 2.7 million yuan, law enforcement agencies may first consider environmental pollution crime transferred to criminal cases.On the one hand, administrative organs can not replace criminal punishment with administrative punishment;On the other hand, the law has special provisions on the dismantlement and disposal of hazardous substances in the used industry, and imposing a huge fine may not be in accordance with the law.Wuxi business without a license was fined 2.7 million yuan the state encourages the collection of used industry The state tax exemption for the acquisition industry, or tax reduction, means that the state encourages the collection of used industry;The recycling industry may always be a bit of pollution, so why does the state want to develop the acquisition industry?On the one hand, collecting old business can “turn waste into treasure”;On the other hand, recycling still reduces pollution on the whole. For example, “recycling” of scrap iron is less polluting than iron ore.One of the main purposes of the special industry permit system is to prevent and combat illegal crimes.According to the Measures for the Administration of Public Security in the Scrap Metal Purchasing Industry, the purchasing industry shall not purchase the following metal articles: first, guns, ammunition and explosives;Second, highly toxic and radioactive articles and their containers;Third, railway, oil field, power supply, telecommunications, mining, water conservancy, surveying and urban public facilities and other special equipment;Fourth, the public security organ notified the stolen goods searched or suspected stolen goods.From this conclusion, the recycling industry in addition to highly toxic, radioactive items and their containers, but also the acquisition of iron barrels and other waste metal.The law that should be applied to the investigation and punishment of the Used Metal Industry certainly holds that the Wuxi Municipal Ecological environment Bureau cannot punish the used metal collectors by applying the Public Security Administration Measures of the Used Metal Purchasing Industry;There are two laws on the basis of the punishment by the competent department of ecological environment administration: one is the Law on the Prevention and Control of Environmental Pollution by Solid Waste;Second, the Circular Economy Promotion Law.”He” investigated by Wuxi Ecological environment Bureau was fined 2.7 million yuan, obviously applicable to the “Solid waste Environmental Pollution Prevention law” legal responsibility;According to Article 114 of this Law, the competent department of ecological environment may order those who engage in the collection, storage, utilization or treatment of hazardous waste without a license to make corrections and impose a fine of not less than 1 million yuan but not more than 5 million yuan.The dismantling or disposal of the purchasing industry shall be punished according to the Provisions of the Circular Economy Promotion Law.As provided in Article 51 of this Law, whoever, in violation of the provisions of this Law, designs and uses toxic or harmful substances listed in the state prohibited list of electrical and electronic products that may cause environmental pollution in the process of dismantling or disposal shall be ordered by the market supervision and regulation department of the local people’s government at or above the county level to make corrections within a prescribed time limit;Those who fail to correct within the time limit shall be imposed a fine of not less than 20,000 yuan but not more than 200,000 yuan.In wuxi city, through the above analysis, the ecological environment bureau may not have realized that the pubic law enforcement, and attain the goal of “circular economy promotion law”, in paragraph 3 of article 2 of this law, re-use, referred to in this law refers to the waste as a product directly or after repair, renovation, remanufacturing continue as product use,Or use all or part of the waste as parts of other products.Should be closed out pollution caused by the applicable law environmental pollution crime according to criminal law regulation, environmental pollution crime, is refers to the natural person or unit in violation of the provisions of the state, to discharge or dump or disposal of radioactive waste, waste containing pathogen of infectious diseases, toxic substances or other harmful substances, serious pollution of the environment.In accordance with the Provisions of the Law on Administrative Punishments, where an illegal act constitutes a crime and criminal responsibility should be investigated according to law, criminal punishment shall not be replaced by administrative punishment;According to the provisions of the Criminal Law, favoritism and malpractice do not transfer criminal cases, it refers to the administrative law enforcement personnel favoritism and malpractice, should be transferred to the judicial organs to investigate criminal responsibility, not transfer, serious behavior.The Wuxi Municipal Bureau of Ecology and Environment fined geng Mou Fei 2.7 million yuan;The public may ask, why does wuxi Ecology and Environment Bureau not transfer criminal cases according to law?Hazardous waste that is a crime of environmental pollution refers to waste that is included in the state catalogue of hazardous waste and waste that is identified as having hazardous characteristics according to the identification standards and methods for hazardous waste prescribed by the State.Wastes with hazardous characteristics shall have the same hazard as wastes in the catalogues.In terms of the fact that “he” was fined 2.7 million yuan, the administrative organ may not realize that the law enforcement of recycling industry first needs to apply the “Circular Economy Promotion Law”;According to the provisions of this Law, dismantling or disposal of hazardous substances shall be punished by the market supervision and regulation department.The local law enforcement authorities did not transfer criminal cases according to law, and in most cases the danger of hazardous waste was not equal to the danger of waste in the national hazardous waste list.The basis of administrative penalty