Review of the rule of law | Firmly keep "foreign garbage" out of the country

2023-01-13

Recently, the Supreme People's Court issued 10 special guiding cases of environmental public interest litigation, one of which involved "foreign garbage" environmental pollution. The handling of relevant cases provides useful guidance for the judicial guarantee to comprehensively prohibit the entry of "foreign garbage". Objectively, "foreign garbage" and solid waste contain a certain proportion of recyclable resources, but there are also serious environmental pollution risks. In order to maintain the safety of China's ecological environment and the health of the people, in July 2017, the General Office of the State Council issued a plan to specify the timetable for prohibiting the import of solid waste by industry and category. In 2020, the newly revised Law on the Prevention and Control of Environmental Pollution by Solid Wastes further clarifies that the country will gradually achieve zero import of solid waste, and stipulates the legal liability for relevant illegal acts. From 2021, China will completely ban the import of solid waste and further strengthen the crackdown on the entry of "foreign waste". However, from the perspective of judicial practice, some enterprises, driven by interests, still import "foreign garbage" through illegal means such as false reporting and concealment, smuggling and entrainment, causing major security risks to the ecological environment in China. Taking this guiding case as an example, illegal elements organized a batch of sludge containing a large amount of heavy metals abroad and made false customs declaration documents. Subsequently, this batch of solid waste was seized and detained in the port area by the customs and could not be returned. Finally, the court, while investigating the criminal responsibility of the company and personnel involved in the case according to law, decided to pay 1053700 yuan of joint and several compensation for the disposal fee. The handling of this case has made it clear that those who smuggle solid waste and cause damage to the ecological environment or have a major risk of damaging the ecological environment may not only be investigated for criminal responsibility, but also bear the relevant disposal costs for damaging the social and public interests, reflecting the clear attitude of environmental justice to comprehensively pursue the responsibility of the illegal perpetrators, and also effectively solve the ecological protection dilemma of "enterprise pollution, the people suffering, and the government paying". Lucid waters and lush mountains are invaluable assets. To crack down on the smuggling of "foreign garbage" in accordance with the law and to ban the import of solid waste in an all-round way is to keep the possible risk of damage to the ecological environment outside the country. This guiding case not only provides useful guidance for the court to hear such cases fairly and efficiently according to law, but also provides a vivid lesson for the public to popularize law. In the face of the import of "foreign garbage" that may constantly change patterns, we should strengthen the judicial protection, give a powerful deterrent warning to the lawbreakers, and practically ensure good driving and navigation for the construction of a beautiful China. (Xinhua News Agency)

Edit:Hou Wenzhe    Responsible editor:WeiZe

Source:legal daily

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