Amendments to the draft to increase the intensity of punishment, Seventy-eighth, the eighty-first paragraph, the first paragraph of the eighty-fifth and the eighty-seventh have increased the amount of the fine. But a number of members believe that, in general, the amount of fines is still low, it is proposed to increase the amount of fines, severely punish the behavior caused by water pollution.
Increase the cost of illegal, to improve the environment will be of great benefit." Yang Zhen members believe that, in addition to the removal of pollution, fines should also be increased, according to the situation increased to 50% to 100%.
Xie Xiaojun said: "the drinking water is directly related to people's health and life safety, and article eighty-seventh of the draft regulations, not only conforms to the national standard of more than twenty thousand yuan at two hundred thousand yuan fine, should be more severe." He suggested that the place to be more than twenty thousand yuan fine of less than $one million, in addition to the provisions of the increase, causing major accidents, shall be investigated for criminal responsibility according to law.
Forkin repair members believe that the current penalty provisions are a specific amount, but for water pollution case, the degree of harm caused by many pollution behavior is not the same, with the amount of simple laws can not achieve full coverage, how fine, how to do a fair, there should be a specific method to calculate the amount of the fine, to appear more complete.
Yao Sheng members believe that the draft amendments to the provisions of article eighty-seventh of the water quality of drinking water supply units do not meet the standards prescribed by the state to give the contents of punishment, the punishment of the regulations is not enough, because the life of safe drinking water to protect the people is very important, suggestions to increase penalties.
Fine to add a little more, such as an increase of more than fifty thousand yuan less than five hundred thousand yuan." Van Sherite said, some toxic and harmful pollutants from the sewage outfall harm the surrounding environment, pollution is no way to turn back. Loss of practice, in the case of pollution can not be remedied after the money to compensate, the best way is to prevent the occurrence of pollution. Fines can be increased, but the most important thing is to stop production for rectification, the enterprise shall be ordered to limit, this law is strong, do not give the opportunity for companies to calculate the abacus, the cost of violating the law, but only law this way."
Zhou Tianhong members believe that the draft amendment to article eighty-first of the provisions of legal liability for eight violations of the law, but mostly retained the original provisions, the punishment is too low or vague. "For example, in section sixth to discharge sewage containing pathogens, at more than ten thousand yuan to one hundred thousand yuan fine, but not in accordance with the provisions of clause eighth to take measures to prevent infiltration ditches, ponds and sewage transportation storage containing pathogens to more than twenty thousand yuan at two hundred thousand yuan fine, what's the difference? Sixth money seems to already have a limit of eighth models, and to discharge the consequences may be more serious, such as sewage to the rivers and lakes will be consequences of pathogen emissions damage than pathogens to a discharge sewage pond is more serious, but the punishment is relatively low, proposed amendments to the."
Wang Mingwen said, "at present we are using the punishment of unified, large enterprises and individual industrial and commercial households, Small and micro businesses with a fine standard, for Small and micro businesses in terms of the crackdown may be too large, almost no chance to correct the enterprise bankruptcy law enforcement, but also influence the grassroots. At the same time, these amounts are not enough to deal with large enterprises." She suggested refinement, for different situations to develop a more reasonable and effective fine mechanism.
Wang Mingwen also pointed out that part of the law of fine penalty is too large, may result in the process of law enforcement discretion is too large, the fairness of law enforcement results it is difficult to guarantee. How to set the penalty in the law can be more scientific and reasonable, in the actual operation can fit the reality, but also to avoid the problem of selective law enforcement, etc.. Suggestions in the revision process of the penalty part of refinement and research."
