How to Perform Duties Investigate and deal with cases of environmental pollution violations and crim

Analysis of the law and Zheng Law: A sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the consequences are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Legal basis: Article 338 of the Criminal Law of the People's Republic of China: Whoever violates state regulations by discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, toxic substances, or other harmful substances, seriously polluting the environment, is to be sentenced to up to three years imprisonment or short-term detention, and/or a fine; where the circumstances are serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; In any of the following circumstances, a sentence of seven or more years imprisonment and a concurrent fine is to be given:

1) Discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, or toxic substances in key protected areas designated in accordance with law, such as drinking water source protection zones and core nature reserve core protection areas, where the circumstances are especially serious;

2) Discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, or toxic substances in rivers or lakes as determined by the state, where the circumstances are especially serious;

3) Causing the loss of the basic functions of a large amount of permanent basic farmland or causing permanent damage;

4) Causing serious injury or illness to many people, or causing serious disability or death.

Where the conduct in the preceding paragraph simultaneously constitutes another crime of Liang Zhengbi, it is to be convicted and punished in accordance with the provisions for the heavier punishment.

The criminal penalty for polluting the environment is fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the circumstances are serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the circumstances are especially serious, a sentence of 7 or more years imprisonment and a concurrent fine is to be given.

[Legal basis].Article 338 of the Criminal Law of the People's Republic of China.

Whoever violates state regulations by discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, toxic substances, or other harmful substances, seriously polluting the environment, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the circumstances are serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; Where there are situations where radioactive waste, waste containing infectious disease pathogens, or toxic substances are discharged, dumped, or disposed of in key protected areas such as drinking water source protection zones or core nature reserve core protection areas, where the circumstances are especially serious, a sentence of seven or more years imprisonment and a concurrent fine is to be given.

Where a unit committing the crime of polluting the environment commits a crime, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be given criminal punishments. where the Danchan environment is seriously polluted, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the consequences are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Criminal Law of the People's Republic of China

Article 338.

Whoever violates state regulations by discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, toxic substances, or other harmful substances, seriously polluting the environment, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine;

where the consequences are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Whoever violates state regulations by discharging, dumping, or disposing of radioactive wastes, wastes containing pathogens of the disease transmitted to the wild, toxic substances, or other harmful substances, seriously polluting the environment, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the consequences are especially serious, the sentence is to be between three and seven years imprisonment and a concurrent fine.

Legal Analysis: Whoever discharges, dumps, or disposes of radioactive wastes, wastes containing infectious disease pathogens, toxic substances, or other harmful substances in violation of state regulations, and seriously pollutes the environment, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the consequences are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Legal basis: Article 338 of the Criminal Law of the People's Republic of China: Whoever violates state regulations by discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, toxic substances, or other harmful substances, seriously polluting the environment, is to be sentenced to up to three years imprisonment or short-term detention, and/or a fine; where the circumstances are serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; In any of the following circumstances, a sentence of 7 or more years imprisonment and a concurrent fine is to be given: (1) Discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, or toxic substances in key protected areas designated in accordance with law, such as drinking water source protection zones or core nature reserves, where the circumstances are especially serious; (2) Discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, or toxic substances into the waters of important rivers or lakes designated by the State, where the circumstances are especially serious; 3) Causing the loss of the basic functions of a large amount of permanent basic farmland or causing permanent damage; 4) Causing serious injury or illness to many people, or causing serious disability or death.

Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.

Legal analysis: Where any of the following acts are committed, the competent department of environmental protection of the people's ** at or above the county level shall order corrections or order to restrict production or stop production for rectification, and impose a fine of between 100,000 and 1,000,000 RMB; If the circumstances are serious, it shall be reported to the people with the right to approve for approval, and ordered to suspend business or close down: (1) discharging water pollutants without obtaining a pollutant discharge permit in accordance with law; (2) Discharging water pollutants in excess of water pollutant discharge standards or exceeding the total discharge control targets for key water pollutants; (3) Using seepage wells, seepage pits, fissures, or karst caves, privately setting up hidden pipes, tampering with or falsifying monitoring data, or not operating water pollution prevention and control facilities normally, or otherwise evading supervision and discharging water pollutants; (4) Failing to carry out pretreatment in accordance with regulations, and discharging industrial wastewater that does not meet the requirements of the treatment process to a centralized sewage treatment facility.

Legal basis: Law of the People's Republic of China on the Prevention and Control of Water Pollution

Article 83: Where the provisions of this Law are violated by any of the following conduct, the competent departments for environmental protection at the county level or above are to order corrections or order restrictions on production or suspension of production for rectification, and give a concurrent fine of between 100,000 and 1,000,000 RMB; If the circumstances are serious, it shall be reported to the people with the right to approve for approval, and ordered to suspend business or close down

1) Discharging water pollutants without obtaining a pollutant discharge permit in accordance with law;

(2) Discharging water pollutants in excess of water pollutant discharge standards or exceeding the total discharge control targets for key water pollutants;

(3) Using seepage wells, seepage pits, fissures, or karst caves, privately setting up hidden pipes, tampering with or falsifying monitoring data, or not operating water pollution prevention and control facilities normally, or otherwise evading supervision and discharging water pollutants;

(4) Failing to carry out pretreatment in accordance with regulations, and discharging industrial wastewater that does not meet the requirements of the treatment process to a centralized sewage treatment facility.

Article 84: Where sewage outlets are set up in drinking water source protection zones, the local people at or above the county level shall order them to be dismantled within a set period of time and impose a fine of between 100,000 and 500,000 RMB; If it is not demolished within the time limit, it shall be forcibly dismantled, and the required expenses shall be borne by the violator, and a fine of not less than 500,000 yuan but not more than 1 million yuan shall be imposed, and the production may be ordered to be suspended for rectification.

In addition to the provisions of the preceding paragraph, where a sewage outlet is set up in violation of laws, administrative regulations and the provisions of the competent department of environmental protection, the competent department of environmental protection of the local people's ** at or above the county level shall order it to be dismantled within a time limit and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; if it is not demolished within the time limit, it shall be forcibly demolished, and the required expenses shall be borne by the offender, and a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed; where the circumstances are serious, a production suspension may be ordered for rectification.

Without the consent of the water administrative department or the river basin management body, in the rivers and lakes new, reconstructed, expanded sewage outlets, by the people's water resources administrative departments at or above the county level or river basin management agencies in accordance with the authority, in accordance with the provisions of the preceding paragraph to take measures and give punishment.