Public prosecution organ:
People's Procuratorate of Yuncheng City, Shanxi Province.
Plaintiff in incidental civil action:
Zuncun Yellow River Diversion Irrigation Management Bureau in Yuncheng District, Shanxi Province.
Legal representative:
Jin Shoubang, director.
Entrusted agent:
Jia Xinmin, lawyer of Shaanxi Xiao Heng Law Firm.
Entrusted agent:
Yu Zhongyuan, Deputy Director of Irrigation Administration Bureau of Yellow River Diversion in Zuncun Village, Yuncheng District, Shanxi Province.
Plaintiff in incidental civil action:
Management Committee of Anyi Reservoir in Yuncheng City, Shanxi Province.
Legal representative:
Park Sung, the director.
Entrusted agent:
Citizen Xi, lawyer Chen Jun of Shaanxi Hongming Law Firm.
Plaintiff in incidental civil action:
North Water Supply Company of Yuncheng City, Shanxi Province.
Legal representative:
Ding Xiao, the manager.
Entrusted agent:
Niu Geng, lawyer of Shaanxi Hongming Law Firm.
Entrusted agent:
Zhang Jian, Director of Quality Inspection Office of Beicheng Water Supply Company, Yuncheng City, Shanxi Province.
Defendant:
Yang, male, 50 years old, from Yuncheng City, Shanxi Province, is the director of Tianma Culture Paper Factory in Yuncheng City. 19971arrested on February 6th.
Defender (civil litigation agent attached):
Wang Jian and Zhang, lawyers of Shaanxi Nanfeng Law Firm.
The People's Procuratorate of Yuncheng City, Shanxi Province filed a public prosecution with the People's Court of Yuncheng City, Shanxi Province for the defendant Yang's crime of committing a major environmental pollution accident. Shanxi Yuncheng Zuncun Yellow River Diversion Irrigation Administration (hereinafter referred to as the Yellow River Diversion Administration), Shanxi Yuncheng Anyi Reservoir Management Committee (hereinafter referred to as the Reservoir Management Committee) and Shanxi Yuncheng Beicheng Water Supply Company (hereinafter referred to as the Water Supply Company) also filed incidental civil lawsuits.
The indictment alleges that:
Tianma Culture Paper Factory in Yuncheng City (hereinafter referred to as Tianma Paper Factory), which was solely operated by defendant Yang, discharged the sewage containing toxic and harmful substances such as volatile phenol into the main canal of Yellow River Diversion Project, and flowed into Fancun Reservoir with the water supply from the main canal, polluting the water body, resulting in the pollution of the water supply system in the north of the city and the interruption of water supply for three days, resulting in heavy losses to public property, which has constituted a crime of major environmental pollution accidents. Please be sentenced according to law.
The plaintiff in the incidental civil action, the Yellow River Water Diversion Administration Bureau, demanded the defendant Yang to compensate for the economic loss of 246,000 yuan caused by the water pollution of 4 1 10,000 square meters; In the incidental civil action, the plaintiff's Reservoir Management Committee demanded compensation for the economic losses suffered by the unit to clean up water pollution. After deducting the 30,000 yuan that Yang has paid, he should also pay 43,495 yuan. In the incidental civil action, the plaintiff, the water company, demanded Yang to compensate for its business loss and pollution removal fee of * * * 10.96 million yuan.
Defendant Yang admitted that the sewage from Tianma Paper Mill had flowed into the Yellow River Diversion Canal, but argued that the sewage had been discharged when the Yellow River Diversion Canal was drained. The water supply system of Fancun Reservoir and water supply company was polluted, which was not caused by the sewage from the factory, and the responsibility should be borne by the Yellow River Diversion Administration. The reservoir management committee and the water supply company should not directly claim compensation from me. After the incident, I reached an agreement with the Yellow River Diversion Administration and the Reservoir Management Committee on the early restoration of the city's water supply, and I did not voluntarily assume responsibility.
Yang's defender argued that after Yang discharged the sewage, the Yellow River Diversion Administration ordered the drainage, indicating that the sewage had been discharged at this time. There is no conclusive evidence for the facts alleged in the indictment, and the charges charged cannot be established. In addition, knowing that sewage enters Fancun Reservoir, the Yellow River Diversion Administration has neither taken any measures nor informed the water supply company, resulting in the pollution of the urban water supply system, and the Yellow River Diversion Administration is responsible. The plaintiff's economic losses shall be borne by the Yellow River Diversion Administration. The reservoir management committee and the water supply company have no direct legal relationship with Yang, and their claims should be rejected according to law.
The People's Court of Yuncheng City, Shanxi Province found through trial that:
Tianma Paper Factory is a wholly-owned enterprise established by the defendant Yang Yu 1993 near the main canal of the Yellow River to irrigate farmland and solve the problem of urban water supply. Since the plant was put into production, it has not been equipped with sewage treatment equipment. Sewage containing volatile phenol and other toxic substances produced in the production process is accumulated in pits near the plant area, naturally evaporated, infiltrated into the ground or discharged into the main canal of the Yellow River Diversion Project. Tianma Paper Factory was punished by the Yellow River Diversion Administration for discharging sewage into the main canal of the Yellow River Diversion Project.
19971early October, the sewage pit of Tianma paper mill burst, and a large amount of sewage flowed into the ditch separated by the first sluice of the main Yellow River diversion canal, which flooded the main Yellow River diversion canal (commonly known as the bucket canal by local people). 10 14 in the afternoon, the defendant Yang Zaiming, knowing that there was a large amount of sewage accumulated in the trench, appointed the factory workers Zheng Wuqiang and Yang to lift the gate on the pretext of repairing the transmission gear on the gate hoist of the Yellow River Diversion Main Canal, causing part of the sewage in the trench to flow into the Yellow River Diversion Main Canal. 10 15 in the morning, the stationmaster of the fifth station of the Yellow River Diversion Administration found that sewage had entered the main canal, found the factory and ordered Yang to clean up the sewage immediately. Although Yang took measures to discharge sewage, he failed to completely discharge the sewage and the gate was not sealed tightly. At 3: 00 pm, the fifth-level station of the Yellow River Diversion Administration Bureau began to supply water to Fancun Reservoir under the jurisdiction of the Reservoir Management Committee through the Yellow River Diversion Main Canal, which lasted for more than two hours. 1October 16 At 6 o'clock in the morning, when the Yellow River Diversion Water flowed into Fancun Reservoir, the staff of the Yellow River Diversion Administration saw a large amount of sewage entering the reservoir at the same time, and 4 1 10,000 cubic meters of water in stock was polluted. So they went upstream and found that the sewage came from the ditch where Tianma Paper Mill accumulated sewage. At this time, the yellow river diversion branch canal that was originally submerged by sewage has emerged from the water surface, and there is not much sewage left in the ditch.
Because the Yellow River Diversion Administration failed to inform the reservoir management committee in time after it found the sewage entering Fancun Reservoir, the reservoir management committee supplied the polluted water to the water supply company, which seriously polluted the company's water supply system. In order to avoid drinking water accidents, the water supply company had to stop water supply in Beicheng for three days.
The Yellow River Diversion Administration has supplied 4 1 10,000 cubic meters of water to Fancun Reservoir, with a value of 246,000 yuan, which has been rejected by the reservoir management committee. The reservoir management committee paid a pollution removal fee of 73,495 yuan, and then sold 4 1 10,000 square meters of polluted water to Yuncheng Salinization Bureau for 36,000 yuan. After deducting the water fee for sale, the actual economic loss of the reservoir management Committee is 37495 yuan. The water supply company suffered various economic losses due to pollution 10.76 million yuan, of which 2,000 yuan was used to buy special tools to clean up pollution. After the incident, the defendant Yang has compensated the Yellow River Diversion Administration and the Reservoir Management Committee for 30,000 yuan each.
The above facts are confirmed by the following evidence:
1. Testimony of witnesses Liu Ziqiang, Xue Bing, Zhang Guangyue, Wang Jialiang and Zhang Kemin; 2, water pollution monitoring appraisal conclusion; 3. Evaluation report of Yuncheng Price Bureau on the economic loss and storage capacity curve of Fancun Reservoir; 4. Telephone records of the Yellow River Diversion Administration; 5. Notice of water supply company to stop water supply; 6. Notice of Jiezhou Supervision Office of Yuncheng Environmental Protection Bureau on ordering Tianma Paper Mill to stop production; 7. invoices, accounts, receipts, etc. For the purchase of drugs and other expenses; 8. Video about the accumulated sewage in the sewage pool, ditch and main canal of Yellow River Diversion Project in Tianma Paper Mill and the pollution of Fancun Reservoir; 9. Replacement of two worn gears of the hoist of the Yellow River Diversion Gate: 10. The factual statement of the defendant Yang and the written explanation of the facts of this case. All the above evidences were cross-examined during the trial and confirmed by the court.
Yuncheng People's Court held that:
Defendant Yang, who is engaged in the paper industry, should know that volatile phenol is a toxic substance. The National People's Congress Standing Committee (NPCSC) promulgated the People's Republic of China (PRC) Water Pollution Prevention Law on May 1984.
Article 2 1 stipulates that:
It is forbidden to discharge oil, acid liquor, alkali liquor or toxic waste liquid into water bodies. People's Republic of China (PRC) Criminal Law.
Article 338 states:
"Whoever, in violation of state regulations, discharges, dumps or disposes of radioactive wastes, wastes containing pathogens of infectious diseases, toxic and harmful substances or other hazardous wastes into land, water bodies and atmosphere, thus causing major environmental pollution accidents, causing heavy losses to public or private property or causing serious consequences of personal injury or death, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or shall only be fined; If the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. " The Criminal Law shall be implemented as of 1997 10/day. It was verified in court that the toxic pollutants flowing into Fancun Reservoir came from the ditch where Tianma Paper Mill accumulated sewage. After the implementation of the Criminal Law, Yang still violated the national laws and regulations on water pollution prevention and control, and discharged sewage containing toxic substances into the main canal of the Yellow River Diversion Project, which seriously polluted the water body, caused great losses to public property and caused major environmental pollution accidents. His behavior has constituted a crime of major environmental pollution accidents, and he should bear criminal responsibility according to law. Yang and his defenders believe that the Yellow River Diversion Administration only ordered the water to be discharged after all the sewage from the main canal of the Yellow River Diversion Project was discharged, and the pollution of Fancun Reservoir was not caused by military actions. Therefore, Yang's plea of innocence lacks evidence and cannot be established. Yang should be fully liable for the economic losses caused by his criminal acts to the Yellow River Diversion Administration and the Reservoir Management Committee. All the economic losses that the water company asked Yang to compensate included buying special tools of 2000 yuan. Because the special tools are necessary tools for the water supply company and can still be used normally, Yang can not pay compensation. Other economic losses of the water supply company were mainly caused by Yang's criminal behavior, but the Yellow River Diversion Administration was also responsible for failing to notify in time. criminal law
Article 36 provides that:
If the victim suffers economic losses due to criminal acts, he should be given criminal punishment according to law, and compensation for economic losses should be given according to the circumstances. There is a causal relationship between the economic losses suffered by the plaintiffs in the three incidental civil actions in this case and Yang's criminal acts. Yang and his defenders believe that all economic losses should be borne by the Yellow River Diversion Administration, and the reasons are not sufficient and they do not support it. Accordingly, Yuncheng People's Court ruled on1September 1998 17:
Defendant Yang committed a major environmental pollution accident and was sentenced to two years in prison and fined 50,000 yuan. Defendant Yang compensated the plaintiff in the incidental civil action for the economic loss of 246,000 yuan (including the paid 30,000 yuan); Compensation for the economic loss of the reservoir management committee of 37,495 yuan (including the paid 30,000 yuan); Compensate the water company for economic losses of 75,320 yuan.
After the verdict was pronounced in the first instance, the defendant Yang refused to accept it and still appealed on the grounds of principle. The plaintiff in the incidental civil action, the Reservoir Management Committee, also appealed on the grounds that the compensation amount was small.
After trial, the Intermediate People's Court of Yuncheng District of Shanxi Province held that the original judgment found the facts clear, the conviction was accurate, the sentencing was appropriate, the civil compensation was reasonable, and the trial procedure was legal. Appellant Yang did not put forward any new grounds for appeal; The reasons for appeal put forward by the appellant's Reservoir Management Committee are not supported by corresponding evidence and will not be adopted. Accordingly, Yuncheng Intermediate People's Court ruled on 19981February 7:
Reject the appeal and uphold the original judgment.