Shanghai's first comprehensive use of
administrative, criminal, The public interest litigation case
of damaging the ecological environment of the Yangtze River handled
by civil means was recently adjudicated
by the Shanghai Maritime Court. This issue of the "Case Statement" column
will select this case to be interpreted
.
HTML 0 UNK8 The Yangtze River Estuary is a complex ecosystem of rivers and islands 0 HTML 0 UNK9 has unique ecological resources and 0 HTML 0 UNK1 0 extremely high ecological value 0 HTML 0 UNK1 1 Ma Mou-mou is an "old oil" of illegal sand mining in the Yangtze River Estuary 0 HTML 0 UNK1 2 He has no river sand mining license 0 HTML 0 UNK1 3 From April 2019 to July 2020, 0 HTML0 UNK1 4 was found by Shanghai Water Administrative Law Enforcement Department 0 HTML0 UNK1 5 had three illegal sand mining activities in the Yangtze River Estuary 0 HTML0 UNK1 6 not only endangered the ecological environment 0 HTML0 UNK1 7 but also affected the safety of flood discharge and shipping 0 HTML0 UNK1 8 Illegal vessels unload sand at the wharf & nbsp; Shaohai & nbsp; Photographing 0 HTML0 UNK1 9 Penalty Result 0 HTML0 UNK2 0 Ma Mou-mou was found to have sailed three times 0 HTML0 UNK2 1 to the Yangtze River Estuary for illegal sand mining 0 HTML0 UNK2 2 in addition to three times of mining a total of 1768 cubic meters of river sand 0 HTML0 UNK2 3 all confiscated 0 HTML0 UNK2 4 was sentenced to a total of An administrative fine of 520,000 yuan 0 HTML 0 UNK2 5 The law enforcement team of the Shanghai Municipal Water Affairs Bureau, in accordance with the relevant provisions 0 HTML 0 UNK2 6 After imposing the third administrative penalty on Ma, 0 HTML 0 UNK2 7 The case was transferred to the public security organ 0 HTML 0 UNK2 8 The case was prosecuted by the Shanghai Railway Transport Procuratorate 0 HTML 0 UNK2 9 Shanghai Railway Road Transport Court 0 HTML 0 UNK3 0 sentenced Ma Mou to one year and six months in prison 0 HTML 0 UNK3 1 for illegal mining 0 HTML 0 UNK3 2 suspended for two years. 0 HTML 0 UNK3 3 At the same time, 0 HTML 0 UNK3 4 The Third Branch of Shanghai People's Procuratorate 0 HTML 0 UNK3 5 filed a public interest lawsuit with Shanghai Maritime Court 0 HTML 0 UNK3 6 The court ruled that Ma Mou-mou should not only apologize publicly to the society, but also compensate for the damage to the ecological environment 0 HTML 0 UNK3 7. Loss assessment fee 0 HTML 0 UNK3 8 Case acceptance fee totaling more than 32,000 yuan 0 HTML 0 UNK3 9 Law enforcement officers use drones to collect evidence & nbsp; Zhu Jiansheng & nbsp; 0 HTML 0 UNK4 0 Case Enlightenment 0 HTML 0 UNK4 1 Shanghai Water Bureau Law Enforcement Team and Shanghai Branch of Yangtze River Shipping Public Security Bureau, Shanghai Railway Transport Procuratorate, Shanghai Railway Transport Court, Shanghai Public Security Bureau Frontier Defense and Port and Shipping Public Security Bureau have established an effective linking mechanism between judicial and administrative law enforcement. It provides a solid legal guarantee for the protection of the ecological environment in the Yangtze River Basin. 0HTML0 UNK4 2 In this case, Ma Mou-mou was sentenced to tort liability for destroying the ecological environment of the Yangtze River after assuming administrative liability (administrative penalty) and criminal liability (illegal mining crime). The Shanghai Municipal Water Affairs Department continued to deepen the work of linking up execution with public security organs and procuratorial organs around cracking down on illegal sand mining activities in the Yangtze River, and launched joint law enforcement actions to crack down on illegal sand mining activities in a high-pressure and severe manner. At the same time, relying on the cooperation mechanism such as the Memorandum on the Implementation of the Yangtze River Protection Law, we will further promote the sharing of law enforcement resources, information exchange, emergency response, case consultation and the connection between water administrative law enforcement and criminal justice. 0 HTML 0 UNK4 3 Effective linking mechanism of judicial and administrative law enforcement severely cracked down on illegal sand mining activities, which basically eliminated illegal sand mining activities in Shanghai section of the Yangtze River, and illegal sand dredgers were hard to find, thus protecting the ecological environment and navigation safety of the Yangtze River. 0HTML0 UNK4 4 Knowledge Development 0HTML0 UNK4 5 What is the difference between administrative liability, civil liability and criminal liability? 0 HTML 0 UNK4 6 According to the nature of illegal acts and the degree of harm, legal liability can be divided into administrative liability, civil liability and criminal liability. 0 HTML 0 UNK4 7 Administrative liability, also known as administrative legal liability, refers to the legal liability that should be borne for violating administrative laws and regulations. Administrative responsibility is divided into two categories: one is administrative sanction, and the other is administrative punishment. 0 HTML 0 UNK4 8 Civil liability, also known as civil legal liability, refers to the legal consequences that should be borne due to the violation of civil legal provisions. 0 HTML 0 UNK4 9 Criminal responsibility, also known as criminal legal responsibility, is the most severe one of all legal responsibilities, which refers to the punitive consequences that the perpetrator must bear for violating the national criminal law caused by criminal acts. Such punitive consequences are determined by the judiciary through specific procedures. 0HTML0UNK50
浙公网安备33010802003254号