Environmental inspection "one-size-fits-all" subject to challenge environmental law experts: should be one-size-fits-all!

has been conducted for more than two months by the Ministry of Environmental Protection to strengthen the prevention and control of air pollution in Beijing, Tianjin and the surrounding areas, but the number of enterprises that 28 inspection teams detect daily existing environmental problems remains high.
Dci .According to the Ministry of Environmental Protection on the night of the 17th, june 16, 28 inspection teams found a total of 211 environmental problems.
Dci .Just when the Ministry of Environmental Protection 28 inspection groups are on schedule to carry out inspections, recently, an article entitled "large-scale production stoppage, unemployment, people's grievances boiling!" The State Agency issued a statement questioning the 'environmental storm' one-size-fits-all. "The blog post (hereinafter referred to as the blog post) is widely circulated across the network. The blog post was a rebuke to the Ministry of Environmental Protection's inspectors.
Dci .Despite the noise interference, but the Ministry of Environmental Protection said on the night of the 17th, will further increase the intensity of inspection and supervision, corresponding to the penalty and rectification of the slow progress of the place to inform, and timely start the interview mechanism.
Dci .At the same time, Chinese,000, the university's law school professor Yu Yi in an interview with the Legal Daily, said that illegal enterprises why not one-size-fits-all? He suggested that normal law enforcement could not tolerate bargaining.
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Beijing-Tianjin-Hebei "scatter pollution" enterprises repeatedly checked
Dcibegan in early April this year in Beijing-Tianjin-Hebei and surrounding areas of the air pollution prevention and control of enhanced supervision (hereinafter referred to as the great inspection), one of the focus of the fight is "scatter pollution" enterprises. However, from the Ministry of Environmental Protection 28 inspection team of more than two months of inspection situation, to completely eliminate the "dispersed pollution" enterprises is not easy.
Dci .According to the Ministry of Environmental Protection, on June 15, 28 inspection teams inspected 363 enterprises (units) and found that 257 enterprises had environmental problems, which belonged to the "scatter pollution" problem of 90;), found that 338 enterprises have environmental problems, belonging to the "scatter pollution" problem of 96 enterprises, June 13, 28 inspection groups inspected a total of 445 enterprises (units), found that 289 enterprises have environmental problems, belong to the "scatter pollution" problem enterprises 83.
Dci .At the same time, the big inspection found that some areas of "dispersed pollution" inspection, rectification is not thorough, individual enterprises repeatedly banned more than. According to the Ministry of Environmental Protection on the night of June 16, the week-long inspection found that the "dispersed pollution" problem enterprises, belonging to the local inspection of "scatter pollution" enterprises outside the list of 557, accounting for 74.3% of the total number of enterprises identified "dispersed pollution" problem. The inspection team in the inspection of the new discovery of "dispersed pollution" enterprise cluster 9, involving more than 200 related enterprises.
Dci .To make matters worse, the seizure of the "dispersed" enterprises to tear up seals illegal production incidents frequently, so far 16 cases. Among them, 11 in Luze City, Shandong Province, 2 in Texas, 1 each in Yanzhou City, Hebei Province, Zhangzhou City, and Jiaozhu City, Henan Province. The Ministry of Environmental Protection informed that Shandong Wanli Fashion Co., Ltd. in Chengwu County, Luze City, repeatedly tore up the seal and illegally produced it.
Dci .According to the Ministry of Environmental Protection, June 9-15 is the 10th week of the Ministry of Environmental Protection to carry out a major inspection, during which 28 inspection teams inspected a total of 3,178 enterprises (units), found that 2,272 enterprises have environmental problems, "dispersed pollution" problem 7 50
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inspection are illegal enterprises
DciJune 13, the Ministry of Environmental Protection inspection team inspection found that Shijiazhuang City, such as mechanical processing, stainless steel processing and other 14 local "scatter pollution" list of enterprises. These enterprises are no environmental procedures, in the Ministry of Environmental Protection inspection team to the scene, these enterprises or in the production or have production traces, production lines did not build pollution prevention and control facilities or pollution control facilities treatment effect is poor, soot, dust, organic exhaust gas non-organized emissions.
Dci .On June 14, the inspection team on the fuyang city of Puyang City, Puyang City, Dassen Gate Co. , Ltd. on-site inspection found that the enterprise has no environmental protection procedures, unauthorized production;
Dci .On June 15, the inspection team on the tianjin Jinnan District revitalization of the metal found that the revitalization of the metal foundry in the frequency furnace, screening machine has not installed pollution prevention and control facilities, the north side of the plant has a coal-fired blast furnace has not been dismantled.
Dci .On June 16, the inspection team on the jinan mayor Qing District Jinan Quan Zhongxin Building Materials Co., Ltd. on-site inspection found that the enterprise coal-fired boiler is in use, non-pollution control facilities, smoke through the chimney discharge; The control facilities are not normal operation, dust discharge serious
Dcidespite being in different provinces (cities), although the types of enterprises are different, but from the Inspection Group of the Ministry of Environmental Protection, there is no doubt that these enterprises are in different degrees of violation of the provisions of the relevant state environmental protection laws and regulations, that is, these enterprises or illegal or illegal.
Dci .According to the Ministry of Environmental Protection, 28 inspection teams have been handed over to the local environmental protection department for investigation and treatment of enterprises found to have environmental problems.
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blog post said that the storm caused large-scale production of enterprises
Dciundeniable, the Ministry of Environmental Protection started the cycle for a year of large-scale inspection, illegal sewage enterprises, especially polluting air enterprises continue to maintain a high-pressure situation, indeed to some illegal enterprises formed a serious blow. What makes these illegal companies even more difficult is that the "hard times" are far from over.
Dci .As a result, illegal enterprises illegally detained the Ministry of Environmental Protection law enforcement personnel, obstructed law enforcement, do not allow law enforcement officers to enter the door to check, demolition of seals forced illegal production ... Under the high pressure, illegal enterprises make all kinds of tricks, ugly. However, these have not affected the Ministry of Environmental Protection inspection, 28 inspection teams, as always, the top of the heat, day and night in 28 cities.
Dci .　　Thus, the public opinion of environmental inspection appeared in the network: "under the pressure of environmental protection, the storm to the place, including the chemical industry enterprises, enterprises large areas of water and electricity cut off production, workers stop work and unemployment, family livelihood is worried!" A little sad smell of wildness. Bowen said that many small and medium-sized chemical business owners are all in the factory, and countless workers are burdened with mortgages, car loans, support families, old-age pressure, the government to adopt a one-size-fits-all approach to the treatment of many non-polluting enterprises have also been forced to shut down. For a while, there was a stir of public resentment.
Dci .　　Is that really the case? "Legal Daily" reporter participated in the Ministry of Environmental Protection organized air quality inspection at the beginning of this year, in the inspection, has been to Langfang City, a number of "scatter pollution" enterprise site, these enterprises not only do not have any pollution control facilities, but also, there are few workers. How much impact can the closure of such illegal enterprises have on the local people's livelihood?
Dci .　　Moreover, including this big inspection, the Ministry of Environmental Protection all law enforcement actions are against illegal law-killing enterprises. From the big inspection of the daily briefing situation, the investigation of enterprises either no environmental protection procedures, or no pollution control facilities, there are excess emissions, there are monitoring data suspected of fraud, there are caught right, there are disguised to stop production ....
Dci .　　As for the issue of stopping non-polluting enterprises in the blog post, in the big inspection, the Ministry of Environmental Protection did find a few cases, the Ministry of Environmental Protection immediately gave notice and serious criticism, after that, no such problems occurred.
Dci . On why illegal enterprises can not
Dci from December last year to this year before the suspension of warm, including the Beijing-Tianjin-Hebei region, some areas encountered the new air quality standards since the implementation of the strongest air pollution process.
Dci .　　On June 5, the Ministry of Environmental Protection issued the 2016 State of the Environment Bulletin of China (hereinafter referred to as the Bulletin) which showed that in 2016, 254 cities with above-ground levels and above exceeded the environmental air quality, accounting for 75.1%. In other words, more than 70% of the 338 cities are not up to standard, while the 13 cities in Beijing, Tianjin and Hebei are the worst in the three regions. In 2016, the average number of days exceeded in 13 cities in Beijing, Tianjin and Tianjin was 43.2%, of which 7% was heavy pollution and 2.2% were serious pollution.
Dci .　　According to the data released by the Ministry of Environmental Protection, nearly 100 million people in 13 cities in the Beijing-Tianjin-Hebei region spent half of 2016 living in excess air.
Dci .　　It must be explained that China's current air quality standards are only in line with the World Health Organization (hereinafter referred to as the WTO) published air quality standards, if the WTO standards to monitor China's air, the problem of non-compliance is more prominent.
Dci .　　According to experts, under the current circumstances, even if all polluting enterprises meet the emission standards, it may not be able to ensure that the air quality is 100 percent up to 100 percent standard. If there are more enterprises to exceed the emission standards, especially when adverse weather conditions appear, the air will be contaminated.
Dci .　　On the one hand, the situation of air pollution is so serious, on the other hand, enterprises are lawless and unscrupulous.
Dci .　　"Legal Daily" reporter has repeatedly participated in the Ministry of Environmental Protection organized on-site inspection, not only some cities "scatter pollution" enterprise pollution shocking;
Dci .　　"For such a non-compliant enterprise should be a one-size-fits-all, the shutdown, the governance of the governance." In the view of the effect, the spirit of the rule of law requires the avoidance of selective law enforcement, the so-called "one-size-fits-all" is to uphold the principle of the rule of law before the law is equal to all. He believes that in the past for illegal enterprises is not to take a one-size-fits-all approach, so that some illegal enterprises can always find a variety of excuses to avoid punishment, to avoid supervision.
Dci .　　The effect pointed out that the consequences not only cause injustice, but also left "as long as the trouble, you can avoid punishment" of the after-effects, undermining the seriousness and majesty of the law. In his opinion, for environmental violations of the law enterprises should not have room for negotiation, especially bargaining, should be punished in accordance with the law.
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to guard against illegal enterprises to carry out kidnapping
The people's livelihood Dci According to the Legal Daily reporter simply understand that some local individual enterprises have been the problem of enterprise initiative workers trouble, and some enterprises in the name of bank loans to threaten the regulatory authorities, in order to achieve the purpose of not shutting down enterprises, not to control pollution. And the practices of these companies have been tried and tested in some places.
Dci .　　In the past year or two, "public opinion" by illegal sewage enterprises kidnapping situation also began to appear. These kidnapped "public opinion" to pollution control "one-size-fits-all" serious impact on people's livelihood as a reason for the pollution of enterprises to find an excuse to advocate discrimination against illegal enterprises. The consequence is that the seriousness of the law is severely weakened, allowing those companies that have the means to "do their jobs" to justify them, while those that have no way to "do their jobs" can only stop production and governance.
Dci .　　In 2015, shandong Linyi Municipal Government was interviewed by the Ministry of Environmental Protection, launched the city's history of the most severe air pollution control action. The media to "shock therapy" to workers unemployment, social unrest, economic indicators, such as a sharp decline in the Linyi municipal government's anti-pollution action to question, but the final finding is that the media's doubts are false.
Dci .　　As for the blog, do not rule out the possibility of being kidnapped by polluted enterprises.
Dci .　　"In fact, law enforcement should first adhere to the principle of doing business in accordance with the law, including substantive and procedural provisions, under this premise, there is a possibility of 'flexible' disposal on the basis of statutory discretion and on the basis of specific circumstances." The spirit of the rule of law is violated by the inability to establish the 'flexibility' of law enforcement or the over-the-counter 'flexibility' of the statutory space. "The enterprise is also good, the common people are also good, the government departments are good, even public opinion, the whole society is used to 'everything is almost on the line' thinking, law enforcement departments a little seriously that abide by the principle of acting in accordance with the law, immediately there are enterprises shout ingress, we must use a variety of reasons to you flexible, want you not to cut all the way, the result is illegal enterprises with various reasons to constantly bargain with government departments." In this way, not only is the seriousness of the law greatly diminished, but it also creates an illusion for businesses and society to call for injustice and reasons to be differentiated without enforcing the legal requirements.
Dci .　　Zhai believes that whether it is a major inspection or other environmental law enforcement should be strictly in accordance with the law to punish illegal enterprises, can not be flexible, can not be discussed. "We should promote the regularization of law enforcement and avoid sports warfare; and promote strict and fair law enforcement, avoiding arbitrary 'flexibility' that exceeds the rule of law." As long as this long-term persistence, so that these illegal enterprises are aware of the seriousness of the law, in order to finally achieve the fairness and fairness of the law, but also to enable enterprises to form a law-abiding habit.
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has been conducting more than two months of intensive inspections on air pollution prevention and control in Beijing, Tianjin and surrounding areas organized by the Ministry of Environmental Protection, but the number of enterprises that 28 inspection teams detect daily existing environmental problems remains high.