Environmental protection bureau cuts off the power contaminative industry to be sentenced to violate administration

Criticize the contaminative company of formalities without annulus, if hold to refus to be produced ceaselessly, government sector whether cut off the power to be being applied actually? Recently, court of intermediate people of city of Henan province Nanyang is in the answer gave out when hearing this kind of case one case. Enterprise of chemical industry of a of Nanyang city new and high district tall pollution, did not obtain annulus to judge production of start working of formalities do sth without authorization, after classics masses is informed against, environmental protection branch instructs stop production for many times. Below the circumstance that the enterprise continues to violate production, case of bureau of environmental protection of new and high area asks power supply branch to cut off the power. This one act is pointed to to say by the enterprise is to violate administration to tell a court, be in charge of to new and high area appoint meeting claim for compensation more than yuan 270. And two adjudgement of the court all are maintained definitely, cut off the power behavior is to break the law truly. Genesis enterprise violates compasses production to held water in November 2004 by processing factory of course of study of clever vanadium of dream of new and high area of power cut Nanyang, obtained at of the same age individual and industrial and commercial a business charter, begin production. On October 13, 2005, because pollute an environment badly, masses informed against his environmental protection bureau. Nanyang city environmental protection is maintained after bureau investigation, this works falls illegal production in the circumstance that examines and approve formalities without any environmental protection, cause pollution to circumjacent environment, instruct halt production instantly; Examine and approve a program to save environmental protection hall to deal with formalities of concerned environmental protection to Henan by environmental protection; The project is examined and approve without hall of Henan province environmental protection agree, do not get production of start working of do sth without authorization, otherwise, the duty that investigates concerned personnel lawfully. To make sure this one punishment is able to carry out, bureau of Nanyang city environmental protection still asks new and high area is in charge of appoint can call in lawfully the industrial and commercial business charter of this factory, be in charge of supervising this project to stop to build and fill do annulus to review formalities work. On December 15, 2005, course of study of dream clever vanadium applies for to fill to hall of Henan province environmental protection do annulus to review procedures, save environmental protection hall to refuse. The reason is this mill project is not accorded with " Henan saves environmental protection bureau to save 5 oxidation about me the guiding opinion that environment of project of 2 vanadium construction manages " requirement. Hall of province environmental protection maintains this factory to was not approved at the same time build first, ask bureau of Nanyang city environmental protection is handled lawfully. However, course of study of dream clever vanadium still continues to violate production in after this. On July 31, 2007, bureau of environmental protection of Nanyang city new and high district sends to bureau of industry of Nanyang town cable send a document, ask bureau of industry of Nanyang town cable to be carried out to this factory cut off the power processing. Company of Nanyang city power supply company of outskirt farming phone is stingy hillock power supply place on the west on August 6, 2007 to this factory service announcement of a power cut, because this factory violates production,say, produce to this factory according to spirit of file of bureau of environmental protection of new and high area undertake with report power cut is handled; On May 18, 2009, bureau of environmental protection of new and high area is stingy to bureau of industry of Nanyang town cable hillock fulgurite place sends again send a document, case asks this to be carried out to course of study of dream Ling Fan cut off the power; On May 18, 2009, bureau of environmental protection of new and high area to this factory service a stop production informs, instruct this factory to halt production. Canal appoint meeting enterprise violates compasses production earnings to belong to illegal 　 on December 9, 2010, the power cut announcement of course of study of dream clever vanadium to bureau of environmental protection of new and high area refuses to obey, because bureau of environmental protection of new and high area does not have corporate organization, then one paper indictment runs Nanyang city new and high division appoint can accuse Nanyang city to lie court of dragon division people, oppugn what bureau of environmental protection of new and high area is not qualification to execute the law main body, the stop production announcement that request people court confirms to the accused is made breaks the law and give cancel, at the same time this factory stop production reachs seek redress each pecuniary loss 2.7 million yuan. On April 18, 2011, lie put on record of dragon district court, before long hind sessional cognizance. On the court, new and high district of city of the accused Nanyang is in charge of appoint conference debate says, the manufacturing activity that place of course of study of accuser dream clever vanadium undertakes ought to obtain environmental protection to examine and approve formalities, accuser violates production below the case without approval, browbeat severely the production of circumjacent masses lives. Bureau of environmental protection of new and high area regards the environment of new and high area as service, accountability those who accept people inform against, authority violates manufacturing situation to undertake supervisory administrative to accuser. In addition, canal appoint can put forward, to the processing of course of study of accuser dream clever vanadium, no matter be department of requirement cable industry,requirement accuser halts production instantly, it is to carrying out the file that bureau of Nanyang city environmental protection allotted in October 2005. Canal appoint still can emphasize on front courtyard, accuser regards a tall pollution as the enterprise, itself does not accord with an industry to develop a program, belong to ought to by regulative enterprise. Bureau of environmental protection of new and high area asks accuser halts production for many times, but accuser ignore, still violate production. 2010 the beginning of the year, accuser still is being produced illegally, the behavior of environmental protection bureau manages generation essence influence without the illegal production to accuser. According to legal provision, the object that the country compensates for is the legitimate rights and interests of citizen, legal person or other organization, accuser violates production, its interest is illegal, should be not protected. Claim for compensation of illegal industry of forensic administration action is unjustifiable 　 on May 18, 2011, nanyang city lies after classics of dragon district court is tried, enter a judgement, maintain new and high area to be in charge of already appoint the administrative action of the meeting breaks the law, also rejected the demand of claim for compensation of the enterprise. The court thinks, judge code to decide according to annulus: "Construction unit did not sign up for batch of construction project environments to affect start working of evaluation file do sth without authorization to build lawfully, by the environmental protection administration that authority examines and approve this project director branch is instructed stop to build, deadline fills do procedure. " of course of study of dream clever vanadium examine and approve attributive to visit environmental protection office in Henan, accuser did not sign up for batch of environments to affect an evaluation to start working of file do sth without authorization is built and throw production to use lawfully, ought to be in charge of a branch by the environmental protection administration that authority examines and approve this project namely hall of Henan province environmental protection has corresponding punishment. In addition, the court still thinks, the relevant law laws and regulations that country, Henan saves not the power that accredit the accused makes power cut, stop production inform. New and high area is in charge of appoint can be in without law the accredit, circumstance that does not have legal basis issues the behavior that at writing Jin Gang on May 18, 2009 fulgurite place asks its undertake cut off the power and informing this factory of stop production to accuser to break the law. And the compensatory request that place of course of study of clever to the dream vanadium carries, the court thinks, accuser produces a business as chemical raw material, construction, production breaks the law below the case that did not handle annulus to judge, its interest is illegal, should be not protected by law. On June 1, 2011, after first instance adjudicates, former defendant all refuses to obey, mention appeal. On September 16, nanyang city quadrangle 2 careful maintain original judgement with same argument. Proposal suggestion falls in the case with environmental pollution at present severe situation, "Cut off the water supply, cut off the power " the one handle Li Jian that is protective environment authority probably, but this kind of practice is free to doing business however, healthy authority and quite the right that level lives limitation that makes different pitch, form a few kinds of rights to protect the conflict between from this, also mirror an our country to pollute the method that effective lacks on processing in the environment currently at the same time. Compulsive way provides the administration that passed on June 30 this year clearly, "The executive authority must not be born to be adopted alive to the dweller stop water supply, power supply, heat addition, fulfill relevant administration to decide for lighting the means such as gas to force party " . "Cut off the water supply, cut off the power " although this one method is good with, but illegimate, concerned branch should think over, if where,good environment is administered to pollute below administrative premise lawfully. Fan Chuangui