Course Background:
From the Third Session of the Eighth National People's Congress in 1995 to the Fifth Session of the Eleventh National People's Congress in 2012. In the past seven years, a total of 2,474 deputies to the National People's Congress and the Taiwan delegation and the Hainan delegation have put forward 78 proposals to revise environmental protection, reflecting that the current environmental protection has not met the requirements of economic and social development, and all aspects of society have a high demand for revision.
On April 24, 2014, the President of the People's Republic of China promulgated Order No. 9, and the "Environmental Protection of the People's Republic of China" was revised and adopted by the Eighth Session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 24, 2014, and came into force on January 1, 2015. This marks 35 years from the trial implementation in 1979 and the formal implementation in 1989, from the trial to the revision and release.
The newly revised environmental protection law has three aspectsKey Highlights:, the first isBasic ideaEcological civilization, basic national policies, protection priority, public participation, and coordination between economic and social development and environmental protection are written into the lawThe second is that there are a lotExcellent measuresPenalties based on daily (Article 59), sealing and seizure (Article 25), regional approval restrictions (Article 44), public interest litigation (Article 58), blacklist system (Article 54), and administrative detention (Article 63) are very severeThe third isThe system is more perfectSupervision agencies, early warning of resource and environmental carrying capacity, target responsibility system and assessment, ecological compensation, ecological red line, public monitoring and early warning of environmental pollution, pollutant discharge permits, liability insurance, information disclosure, etc. The revision, promulgation and implementation of this law are of great significance to the protection and improvement of the environment, the prevention and control of pollution and other public hazards, the protection of public health, the promotion of the construction of ecological civilization, and the promotion of sustainable economic and social development.
Course Benefits:
Understand the background and reasons for the emergence and revision of environmental protection, interpret the categories and types of pollutants through actual cases of environmental impact, and interpret the prevention and treatment of pollutants through actual cases of environmental impact, so as to help enterprises understand the direction of management development.
Interpret the content of the obligation clauses before and after the revision of environmental protection, and interpret the content of the liability clauses before and after the revision of environmental protection, so as to help enterprises at all levels understand the reasonable countermeasures in the work of enterprises, and effectively know the environmental protection and accident prevention of enterprises.
Interpret the criminal law crimes violated by environmental protection violations, enhance the students' awareness of environmental law, and help students improve their awareness of environmental protection from a legal perspective.
Course Duration:2 days, 6h days.
Course Target:
The main person in charge: the chairman, general manager, factory director and other personnel with decision-making power.
Person in charge: Safety Director, Vice President, Production Director, Vice President, Personnel Director, Vice President, Marketing Director, Vice President, Finance Director, Vice President, Technical Director, Vice President and other business departments.
Environmental Department Managers.
Course Method:Explanation + case analysis + group quiz + discussion and interaction + role simulation + practical operation.
Course outline
Icebreaker Import:Set up a simple investigation session in the classroom to understand the students' mastery of the law.
Part 1: Formulation and regulations of "Environmental Protection".
Lecture 1: Background of "Environmental Protection**".
1. Analysis of eight major environmental pollution incidents
Case 1: The river in Luoyang city is as red as blood because the waste station washes out the raw materials stored in the chemical plant.
Case 2: Jiangsu Sewage Treatment Plant discharges sewage through a pipeline extending 1,500 meters from the bottom of the Yangtze River.
Case 3: Villagers wash in the rivers and ponds in Guiyu Town, Guangdong Province, which have been polluted.
Case 4: In Wuhan, Hubei Province, a large area of dead fish was "turned over the pond" due to pollution.
Case 5: An excerpt from "A Court in the Sun" - Toxic hazardous waste dumped into a river.
Case 6: Pollution from Zijin Mining in Fujian.
Case 7: Water pollution in the Fujiang River in Sichuan.
Case 8: Water pollution in the Songhua River.
Discuss:Why are there so many pollution incidents?
2. Interpretation of the development process and revision background of environmental protection
Reason:Poor execution.
Revisions:Proposed revision in 2011.
Review:It was approved four times in 2014.
Implementation:
3. Environmental protection system
Discuss:The relationship between laws, administrative regulations, departmental rules, local regulations, and local rules.
Lecture 2: The main ten features of the revision of "Environmental Protection".
Feature 1: Innovate legislative concepts, strengthen the accountability system of protection responsibility, and the main responsibility of enterprise pollution prevention and control.
Feature 2: Elevated status to a basic national policy (Article 4).
Feature 3: Clarification of the basic principle - environmental protection takes precedence over economic development (Article 5).
Feature 4: Article 12 of the Environment Day (June 5) has been added.
Feature 5: Economic development takes into account environmental impact - policy source control (Article 14).
Feature 6: Increase the cost of violating the law, impose penalties on a daily basis, and set no upper limit (Article 59).
Case:In 2005, 100 tons of benzene and nitrobenzene of Jilin Petrochemical flowed into the Songhua River, and the maximum fine was 1 million yuan.
Case:2022.01.24 Suqian issued a "daily fine" ticket.
Feature 7: Administrative detention (art. 63).
Feature 8: Criminal Accountability (Criminal Law).
Feature 9: Right of seizure and seizure (arts. 25, 60, 61).
Feature 10: Disclosure of information on environmental violations (Article 54).
Perfect system:Environmental monitoring system, environmental impact assessment system, joint prevention system, three simultaneous system, total control and regional approval restriction system.
Lecture 3: Supervision and management of "Environmental Protection".
Import:
1) Purpose: to protect and improve the environment and prevent pollution.
2) Principle of environmental protection: economic development gives priority to protecting the environment.
Discuss:In daily life and work, what are the behaviors that protect the environment?
1.Environmental protection is integrated into economic and social development planning.
2.The plan includes ecological protection and pollution prevention.
3.Form of environmental impact assessment.
Tools:Registration forms, report forms, reports.
4.Enterprises legally reduce pollutant emissions, ** rewards.
5.Enterprises improve the environment to change, relocate, close ** support.
6.Supervision by law enforcement authorities (on-site inspection rights, truthful reflection by enterprises, information provided by enterprises, and confidentiality by the inspectors).
7.Penalties for illegal discharge of pollutants by enterprises (sealing and seizing facilities and equipment that cause pollutant discharge).
8.Target responsibility system and assessment and evaluation system.
Part 2: Application of "Environmental Protection" and Environmental Governance
Lecture 1: Protecting and Improving the Environment
1. Ecological protection red lines
Area 1: Key ecological function areas.
Zone 2: Environmentally sensitive and fragile areas.
2. Citizens' obligation to abide by the law
Obligation 1: Comply with laws and regulations.
Obligation 2: Cooperate with protective measures.
Obligation 3: Waste is sorted and placed.
Lecture 2: Prevention and Control of Pollution and Other Public Hazards
1. The production and use of clean energy
1.Prioritize the use of clean energy.
2.Adopt processes and equipment with high resource utilization rate and low pollutant emissions.
3.Comprehensive waste utilization technology and pollutant harmless treatment technology.
Second, the construction project of the three simultaneous implementation
1.Design at the same time.
2.Construction at the same time.
3.At the same time, it was put into production.
3. Prevention and control of pollutants discharged by enterprises
Classification:Exhaust gas, waste water, waste residue, medical waste, dust, radioactive materials, noise, vibration, optical radiation, etc.
1.Establish a responsibility system for environmental protection.
2.Clarify the responsibilities of the person in charge of the unit and relevant personnel.
Fourth, key sewage treatment
Categories of key pollutant discharge units
Classification:List of water environment, atmospheric environment, soil environment, sound environment, and other key pollutant discharge units.
Requirements for key pollutant dischargers
1) Install and use monitoring equipment.
2) It is strictly forbidden to conceal pipes, seepage wells, seepage pits, perfusion, tampering or falsifying monitoring data.
Total emission control indicators of key pollutants
Article 1: Notice of the 13th Five-Year Plan for Ecological and Environmental Protection (Guo Fa 2016 No. 65).
Article 2: **Notice on Printing and Distributing the Action Plan for the Prevention and Control of Air Pollution (Guo Fa 2013 No. 37).
Article 3: **Notice on Printing and Distributing the Action Plan for the Prevention and Control of Water Pollution (Guo Fa 2015 No. 17).
4.Payment of pollutant discharge fees and management of pollutant discharge permits.
5.Processes, equipment and products that seriously pollute the environment are eliminated.
5. Management of environmental emergencies
Process:Risk control, emergency preparedness, emergency disposal, and post-event recovery.
1.Filing of emergency plans (reported to the competent departments of environmental protection and relevant departments for the record).
Handled in the event of an environmental emergency
1) Take immediate measures to deal with it.
2) Notify the units and residents who may be harmed.
3) Report to the competent department of environmental protection and relevant departments.
Chapter 3: Responsibilities and related laws and regulations given by "Environmental Protection**".
Lecture 1: Information Disclosure and Public Participation
1. Rights of citizens and legal persons
1.The right to access environmental information, participate in and monitor environmental protection.
2.* The environmental department discloses environmental information in accordance with the law.
3.Improve procedures for public participation.
4.Facilitate the participation and supervision of environmental protection by citizens, legal persons and other organizations.
2. Disclosure obligations of key pollutant discharging units
1.The name of the main contaminant.
2.Emission method.
3.Emission concentrations and total amounts.
4.Excessive emissions.
5.Construction and operation of pollution prevention and control facilities.
3. Requirements for construction projects for the preparation of environmental impact reports
1.Explain the situation to members of the public who may be affected.
2.Solicit your opinions.
4. Social organizations and conditions for initiating litigation in the people's courts (citizens, legal persons' right to report).
Litigation phenomenon
Polluting the environment, damaging the ecology, and harming the public interest.
Conditions of Action
Condition 1: Register with the civil affairs department of the people's ** at or above the districted city level in accordance with the law.
Condition 2: Specializing in environmental protection public welfare activities for more than five consecutive years and no illegal record.
Case:The court under the sun - civil society organizations filed a lawsuit against Zhicheng Chemical.
Lecture 2: Legal Responsibility and Legal Analysis of Criminal Cases
1. Different penalties for different circumstances
Scenario 1: Penalty on a daily basis.
Scenario 2: Penalties for excessive emissions.
Scenario 3: Penalty for failure to submit an EIA.
Relevant laws and regulations:Article of the Environmental Protection **.
II. "Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Environmental Pollution".
The Penal Code of 1997 corresponds to the criminal offence of environmental pollution
1) The crime of obstructing the order of social management.
2) The crime of destroying the protection of environmental resources.
3) The crime of major environmental pollution accidents.
4) The crime of importing solid waste without authorization.
5) Dereliction of duty in environmental supervision.
Interpretation of laws and regulations related to environmental pollution since then
1) Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Agencies (Order No. 310).
2) Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Environmental Pollution (Fa Shi 2006 No. 4).
3) Several Provisions on the Transfer of Suspected Environmental Crime Cases by the Administrative Department of Environmental Protection (Huan Fa 2007 No. 78).
4) Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1).
5) Criminal Law (Amendment VIII) of 2011 ("Crime of Major Environmental Pollution Accident" was amended to "Crime of Environmental Pollution").
6) "Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Environmental Pollution".
There are 13 situations in the relevant laws corresponding to the criminalization
1) Perpetrators: 1-5
2) Result offense: 6-13