Luohe Environmental Protection Lawyer Online Service
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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 -
The "major environmental pollution accident crime" in the environmental pollution crime involves the intentional illegal discharge of toxic waste, radioactive substances or infectious disease waste, which seriously pollutes the environment. This crime is a result crime, and the behavior is closely related to the actual consequences. According to the Criminal Law, the penalties that may result from an act include fixed-term imprisonment of not more than three years, criminal detention and a fine, and those with serious consequences are sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine. The criterion is the degree of pollution caused by the behavior. #Environmental protection 931 readings
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In accordance with the provisions of Article 338 of the Constitution, China's Criminal Code severely punishes those who intentionally or negligently cause serious environmental pollution. If the circumstances are abominable and the public interests and ecological balance are affected, three to seven years' imprisonment and a fine may be imposed. Those who commit serious crimes may face more than seven years' imprisonment and a huge fine. #Environmental protection 1348 readings -
According to Article 338 of the Criminal Law of our country, those who discharge dangerous substances or cause environmental pollution in violation of environmental protection laws and regulations, endangering public property and life and health, constitute a crime of environmental pollution. Illegal discharge of radioactive and infectious waste, serious discharge in key protected areas, large-scale illegal disposal of important waters, and acts that cause permanent damage to farmland or serious casualties, regardless of the seriousness of the circumstances, will be prosecuted for criminal responsibility. #Environmental protection 1500 readings -
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 -
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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