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Environmental legal framework surfacing or seizure of illegal assets
Release time:
2020-05-12
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12th Five-Year Environmental Legal Framework Surfaces
Environmental violations or seizure of corporate assets
The reporter of "Economic Information Daily" learned exclusively that the Ministry of Environmental Protection is fully involved in economic legislation and policy formulation in various fields such as export, credit, and law enforcement. With the joint participation of the Ministry of Environmental Protection, the National Development and Reform Commission, the Ministry of Finance, and the competent departments in the fields of industry, agriculture, forestry, fishery and animal husbandry, and urban and rural construction, the environmental and economic legal and policy framework of the "Twelfth Five-Year Plan" has surfaced. In addition, the relevant departments are seeking to add provisions on "sealing up and detaining suspected illegal assets of enterprises" in the revised Environmental Protection Law (hereinafter referred to as the new environmental protection law), expand the authority of law enforcement, and eradicate the situation that punished "star enterprises" refuse to stop production and stubbornly discharge pollutants.
At the same time, during the "Twelfth Five-Year Plan" period, the environmental protection department also considered increasing the penalties for corporate pollution, imposing "daily penalties" on them, with daily fines superimposed and no legal upper limit. Experts said that if the new environmental protection law containing the above provisions is passed by the National People's Congress, it will undoubtedly have a great deterrent effect on polluting enterprises.
In the first half of this year, the growth rate of the "double high (high energy consumption, high pollution)" industry rebounded, which put greater pressure on the situation of energy conservation and emission reduction. Zhou Jian, Vice Minister of the Ministry of environmental protection, stressed on the 22nd that "environmental protection departments must actively participate in macro-control, strictly implement the environmental impact assessment system, strictly suppress" two high and one capital ", and restrict low-level repeated construction and overcapacity projects."
Focusing on the structural emission reduction in economic restructuring, authoritative sources revealed to reporters that during the "Twelfth Five-Year Plan" period, the Ministry of Environmental Protection will mainly promote the "killer" of credit and exports ". On the one hand, on the basis that more than 40000 pieces of environmental violation information have been included in the central bank's credit information system, the Ministry of Environmental Protection will expand the scope of reporting environmental violation information to the "one bank and three committees", and choose the opportunity to promote it to the whole country after adding a number of pilot provinces. The above information will form a strong constraint on the financing and refinancing behavior of illegal enterprises, such as credit approval, bond issuance and stock issuance.
On the other hand, the Ministry of Environmental Protection will continue to provide the list of equipment, products and processes in the "double high" industry to the National Development and Reform Commission, the Ministry of Industry and Information Technology and the General Administration of Customs, so as to provide reference for the latter to further cancel the export tax rebate and prohibit processing trade in the "double high" industry. The Ministry of Environmental Protection and the Ministry of Commerce are also studying and formulating the "Guidelines for Environmental Behaviors of Chinese Foreign Investment Enterprises" to prevent Chinese businessmen from causing environmental violations in other countries and transnational countries.
A person familiar with the matter revealed on the 22nd: The direction of environmental protection legislation in the "Twelfth Five-Year Plan" will also shift from speed to quality, from construction to perfection. "The annual legislative plan of the Legislative Affairs Office of the State Council has been greatly reduced from 39 in 2005 to about 15 in 2011, and the environmental protection legislative plan can still maintain a high growth rate, which is very rare." The above person said.
However, a relevant person from the Department of Policies and Regulations of the Ministry of Environmental Protection admitted that the biggest problem in the current environmental protection legal system "is not lagging legislation, but ineffective implementation." In this regard, Lu Keqin, consultant to the Secretary-General of the China Environmental Protection Federation, also pointed out that the low cost of illegal activities has shifted the production costs of enterprises to social environmental costs, and some illegal enterprises have even regarded administrative fines as recognition of illegal pollution discharge. Lu Keqin called for the law enforcement authority of environmental law enforcement agencies to be fixed in legal form to eliminate the interference of other government departments, individuals or groups in environmental law enforcement.
However, a jurist who participated in the revision of the new environmental protection law told reporters that according to the reports of some grass-roots enterprises, six or seven local departments, including the total amount department, the environmental supervision bureau, the environmental assessment department, the technical department, and the publicity and education department, have taken turns to inspect and guide the enterprises, causing the enterprises to be exhausted. "Environmental protection departments should not only focus on the expansion of law enforcement power, but also integrate the law enforcement power of different business departments into one platform." He said.
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