Abstract On April 24, 2014, the Eighth Session of the Standing Committee of the 12th National People's Congress voted to approve the Environmental Law Amendment. The new law will be implemented on January 1, 2015. At this point, the "Basic Law" of this Chinese environmental field has been completed...
On April 24, 2014, the Eighth Session of the Standing Committee of the 12th National People's Congress voted to approve the Environmental Law Amendment. The new law will be implemented on January 1, 2015. So far, this "Basic Law" in China's environmental field has been revised for the first time in 25 years. This also allowed the environmental protection law to keep up with the times and began to serve the public's expectation of building a "beautiful China" according to law. Because the environmental protection law involves a wide range of issues and more controversy, this amendment was passed after a fourth review. From this, we can say that this is a mature legislation that condenses the wisdom of China's environmental protection and draws on previous lessons and can prescribe the right medicine. The new "Environmental Protection Law" is a "long teeth" law, a law that can make a hard fist against the pollution phenomenon of great public grievances.
Subject to the original legal provisions, the penalties and law enforcement methods of the Chinese environmental protection department have been quite limited for a long time. Compared with the public security and even the taxation and industrial and commercial departments, the environmental protection department has always been a "soft trick", which is hard to shock. Awkward environmental violations. The new Environmental Protection Law, which has just been introduced, provides a series of law enforcement tools that can change the status quo and are targeted.
The first is to add a “penalty by day†system, which is a daily and continuous fine for continuous environmental violations. This means that the longer the violation, the longer the violation, the more illegal the smuggling, the excessive discharge, and the evasion detection. The fines imposed by the law on environmental violations are a fixed number, the amount is not large, resulting in low illegal costs, and many enterprises are therefore guilty of pollution control. After the implementation of the "per-day penalty" in the new law, the amount of the fine will not be capped, which will force the illegal enterprises to quickly correct the pollution.
Second, the new "Environmental Protection Law" as an administrative law rarely stipulates the punishment measures for administrative detention, and will use the most severe administrative punishment measures for those who violate the law. The new law stipulates that administrative detention shall be applied to environmental violations with serious circumstances; it shall be subject to joint and several liability for environmental monitoring agencies with falsification and behavior, as well as environmental monitoring equipment and maintenance and operation agencies for pollution prevention and control.
Third, the pollution behavior of individual local enterprises is unscrupulous. Behind the acquiescence and connivance of local officials based on the abnormal view of political achievements, the new "Environmental Protection Law" will take the "protective umbrella". The specific provisions are: leading cadres false reports, false reports, and reports of pollution, will lead to resignation; in the face of major environmental violations, the main responsible person of the local government in charge of the leadership, environmental protection departments and other regulatory departments will "resign and resign."
The new "Environmental Protection Law" is still an open legislation, which incorporates civil forces into the environmental governance mechanism in an orderly manner and establishes an environmental public interest litigation system. In the second review of the revised draft, the main body of the environmental protection public interest litigation was limited to a “national name†environmental protection organization; in the following several revisions, the legal litigation subject was further expanded, and was finally defined as: “The city in accordance with the law. The civil affairs department of the people's government at or above the level is registered, and the social organization specializing in environmental protection public welfare activities for more than five years and with good reputation." At the same time, the new law also stipulates: "A social organization that meets the requirements shall bring a lawsuit to the people's court, and the people's court shall accept it according to law."
With the approaching time of the new environmental protection law, China's abrasives industry is also facing opportunities and challenges. On the one hand, China's abrasives industry must further accelerate technological upgrading, equipment transformation, etc., to ensure that in the production process to avoid Environmental pollution; technically, the discharge requirements for wastewater, waste gas and waste residue will be more stringent. This has promoted the transformation and upgrading of China's abrasives industry; on the other hand, because of the implementation of China's new environmental protection law, many processing industries will be more cautious in selecting abrasive products, and will be more inclined to choose efficient, The energy-saving and environmentally-friendly products will greatly enhance the dependence on high-grade abrasives products, which will help promote the technical level of the entire abrasives industry in China and the faster development of the market.
Opportunities and challenges coexist, how to turn crisis into the machine in the shortest time, this is a problem that China's abrasives industry needs to think about together.
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