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In environmental pollution cases, the principle of inversion of the burden of proof is adopted, and the defendant needs to prove that his behavior has no causal relationship with the damage, or he needs to compensate. The plaintiff needs to prove that the discharge is related to the damage, but does not need a clear legal causal relationship. The infringer shall provide evidence that his act did not cause environmental pollution, but this does not relieve the plaintiff's burden of proof for pollutants, damage and relevance.
#Environmental protection
930 readings
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If the perpetrator who has committed the crime of environmental pollution causes serious environmental pollution due to the illegal discharge of harmful substances such as strong radioactive, infectious wastes or toxic chemicals, he shall bear criminal responsibility according to law. Those who are not serious can be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and will also be fined; If the circumstances are serious, the sentence can be up to three to seven years, and a fine must be paid at the same time.
#Environmental protection
1480 readings
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The crime of major environmental pollution accident infringes on China's environmental protection and pollution prevention and control management, involving the direct discharge of hazardous wastes such as radioactive and infectious wastes, endangering the natural environment such as land, air and water. Crimes need to violate environmental protection and prevention laws, causing serious pollution, property losses or personal casualties. Subjects include natural persons and units with criminal responsibility capacity, which may be negligent or intentional subjectively. Violators need to violate relevant laws and regulations, and the discharge behavior will lead to adverse consequences. It is very important to strengthen the vigilance and prevention of such crimes.
#Environmental protection
1239 readings
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The environmental protection tax law calculates taxes based on pollutant emissions, emission values and excessive decibels. Detailed provisions of the implementation regulations: the storage or disposal of solid waste by environmental protection facilities that are not directly discharged is tax-free; Comprehensive utilization is encouraged, and only the remaining part of solid waste disposed according to law is taxed. At the same time, the regulations severely penalize illegal acts, such as illegal dumping, failure to install monitoring equipment according to regulations or tampering with data, etc., and will take the actual amount of pollutants payable as the emission amount for punitive tax treatment.
#Environmental protection
1427 readings