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The key to confirm the crime of environmental pollution is to establish strict legal proof standards and follow the provisions of the Criminal Procedure Law. There must be conclusive evidence to prove that the perpetrator has conducted discharge, dumping or disposal, causing serious environmental pollution, causing irreparable consequences such as heavy property losses and casualties. #Environmental protection 1453 readings -
In environmental pollution tort, the exemption clause means that even if the damage caused by illegal pollution discharge, civil liability may be mitigated or exempted for rare reasons or legal reasons (such as force majeure, fault of the injured party or influence of a third party). China's current environmental protection law stipulates three exemptions. These provisions are intended to clarify the scope of responsibility of the actor under specific circumstances, but they are clearly stipulated in constitutional laws or special environmental protection regulations. #Environmental protection 899 readings -
In environmental pollution cases, the principle of inversion of the burden of proof is adopted, and the defendant (polluting enterprise) needs to prove that its activities have nothing to do with the accident; If it is impossible to provide evidence, bear the responsibility. However, the plaintiff still needs to prove that it is indeed polluted and the details of the loss, and both of them need to bear the burden of proof. #Environmental protection 1125 readings -
In the case of environmental pollution infringement, the responsible person should bear the responsibility of economic compensation to make up for the losses of the injured party. The court fairly determines the amount of compensation based on objective evidence, such as appraisal report, business loss analysis or contract agreement. The appraisal institution calculates the economic loss through professional means, and the business loss is calculated according to the actual business loss and the agreement. These methods ensure the justice and fairness of the judgment. #Environmental protection 934 readings
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The person responsible for environmental pollution tort needs to compensate for economic losses, and the court usually uses objective criteria to determine the amount of compensation. The professional evaluation report of the appraisal agency, the estimation of the victim's business profit (such as the business losses of individual businesses), and the agreement between the victim and the infringer or a third party are common adjudication methods. Professional appraisal organizations use scientific methods to quantify losses, and agreements are taken as direct evidence. #Environmental protection 1308 readings -
The constitution of tort liability for environmental pollution requires four key elements: first, the perpetrator has committed misconduct related to environmental pollution; Second, his behavior violated the national environmental protection regulations; Third, environmental pollution causes actual damage; Fourth, there is a direct and substantial causal relationship between damage and pollution. #Environmental protection 1061 readings -
China has relatively flexible penalties for crimes of environmental pollution. The first offender is usually sentenced to fixed-term imprisonment of not more than three years or criminal detention, and can also be fined. If the circumstances are serious, the sentence may be extended to three to seven years, and a fine must be paid. In very few serious cases, they may even face more than seven years of imprisonment and heavy fines. #Environmental protection 1477 readings -
Chinese law severely punishes sludge theft and serious environmental pollution, with a maximum sentence of three years in prison. Those who illegally discharge hazardous waste, such as radioactive waste, infectious disease pathogen waste, etc., causing major environmental pollution accidents and serious consequences, will face criminal penalties, including detention and fines. Such behavior constitutes a "crime of environmental pollution", and offenders must accept criminal sanctions according to law. #Environmental protection 932 readings
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