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Three Model Cases Involving Solid Waste Pollution of the Environment Lawfully Tried by the People's Courts Released by the Supreme People's Court
[Effective]
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最高法发布3件人民法院依法审理涉固体废物污染环境典型案例
[现行有效]
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【法宝引证码】
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| Three Model Cases Involving Solid Waste Pollution of the Environment Lawfully Tried by the People's Courts Released by the Supreme People's Court | | 最高法发布3件人民法院依法审理涉固体废物污染环境典型案例 |
| (April 22, 2025) | | （2025年4月22日） |
| Industrial and agricultural solid wastes, construction debris, and domestic garbage, especially hazardous wastes among them, will seriously pollute the air, water bodies and soil and pose a huge threat to the ecological security of the environment, which is a major challenge in environmental governance. Since the 18th National Congress of the Communist Party of China, the Central Committee of the Party, with Comrade Xi Jinping as the core, has promoted management with unprecedented intensity. General Secretary Xi Jinping has made important instructions and comments for several times, requiring “strengthening comprehensive governance of solid wastes, and continuously promoting coordinated governance of new pollutants and environmental risk control.” The Opinions of the CPC Central Committee and the State Council on Comprehensively Promoting the Construction of a Beautiful China clearly states that comprehensive treatment of solid waste shall be strengthened, all forms of smuggling and disguised imports of solid waste shall be strictly prevented, and the regulation, utilization and disposal capabilities for hazardous waste shall be enhanced. The people's courts shall adhere to the guidance of the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, implement the Xi Jinping thought on ecological civilization and the Xi Jinping Thought on the Rule of Law, fully maximize their judicial functions, try cases related to solid waste pollution of the environment according to the law, crack down on relevant illegal and criminal activities in accordance with the law, collaboratively promote carbon reduction, pollution reduction, and green growth, and provide strong legal guarantee for protecting and improving the ecological environment and supporting the development of new productive forces. | | 工农业固体废物、建筑垃圾、生活垃圾，特别是其中的危险废物，会严重污染空气、水体、土壤，对生态环境安全构成巨大威胁，是环境治理中的一大难题。党的十八大以来，以习近平同志为核心的党中央以前所未有的力度推进固体废物管理工作，习近平总书记多次作出重要指示批示，要求“加强固体废物综合治理，持续推进新污染物协同治理和环境风险管控”。《中共中央、国务院关于全面推进美丽中国建设的意见》明确提出，要加强固体废物综合治理，严防各种形式固体废物走私和变相进口，强化危险废物监管和利用处置能力。人民法院坚持以习近平新时代中国特色社会主义思想为指导，贯彻落实习近平生态文明思想和习近平法治思想，充分发挥审判职能作用，依法审理涉固体废物污染环境案件，依法打击相关违法犯罪活动，协同推进降碳减污扩绿增长，为保护和改善生态环境、护航新质生产力发展提供有力法治保障。 |
| For the purposes of fully maximizing the deterrent, educational and guiding role of model cases, displaying the determination of the people's courts to safeguard ecological security and promote green development by severely cracking down on crimes involving solid waste pollution of the environment, guiding the public to actively participate in the prevention and control of solid waste pollution of the environment, urging enterprises to legally carry out activities such as generation, collection, storage, transportation, utilization and disposal of solid waste, and promoting the formation of a lifestyle and production mode that is simple, moderate, green and low-carbon throughout society, on the World Earth Day on April 22, the Supreme People's Court specially released three model cases involving solid waste pollution of the environment lawfully tried by the people's courts. The model cases released this time have the following characteristics: | | 为充分发挥典型案例的警示、教育和指引作用，展现人民法院守护生态安全、推动绿色发展，严厉打击涉固体废物污染环境违法犯罪的坚定决心，引导公众积极参与固体废物污染环境防治，促使企业合法开展固体废物的产生、收集、贮存、运输、利用、处置等活动，助推全社会形成简约适度、绿色低碳的生活方式和生产方式，在4月22日世界地球日，最高人民法院专题发布3件人民法院依法审理涉固体废物污染环境典型案例。本次发布的典型案例主要有以下特点： |
| First, adhering to the strictest systems and the most rigorous laws. The people's courts legally intensified the crackdown on serious criminal offenses involving solid waste pollution of the environment that seriously damaged ecological environment, and had especially imposed severer penalties upon those who had committed criminal offenses of cross-provincial (municipal) discharge, dumping and disposal of radioactive waste, infectious disease pathogens, toxic substances or other harmful substances. Case 1: Wu [REDACTED] You and Deng [REDACTED] and others, without obtaining the approval formalities for the disposal of construction waste and without taking protective measures for environmental protection, transported over 4,800 tons of mixed waste from multiple construction sites in Shanghai to two abandoned fish ponds in Qidong City, Jiangsu Province, for dumping and covering with soil, which fell under the circumstances for severer penalties as stipulated in the Meeting Minutes on Relevant Issues on Handling Criminal Cases Involving Environmental Pollution by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the Ministry of Ecology and Environment. The people's court imposed severer penalties on Wu [REDACTED]you and Deng [REDACTED] and others for their criminal acts of illegally dumping and disposing of the mixed waste across provinces (municipalities) in the Yangtze River Economic Belt Region according to the law, which had a strong educational warning effect and would effectively deter similar situations. | | 一是坚持最严格制度最严密法治。人民法院依法加大对严重破坏生态环境的涉固体废物污染环境违法犯罪行为的打击力度，特别是对于跨省（直辖市）排放、倾倒、处置有放射性的废物、含传染病病原体的废物、有毒物质或者其他有害物质的违法犯罪活动，予以从重处罚。案例一，吴某友、邓某等人在未取得建筑垃圾消纳批准手续、未采取环保防护措施情况下，将上海多处建筑工地的4800余吨混合垃圾运至江苏省启东市的两处废弃鱼塘，进行倾倒并覆土掩埋，属于最高人民法院、最高人民检察院、公安部、司法部、生态环境部《关于办理环境污染刑事案件有关问题座谈会纪要》明确规定可以从重处罚的情形。人民法院对吴某友、邓某等人在长江经济带区域跨省（直辖市）实施的非法倾倒、处置涉案混合垃圾的犯罪行为，依法从重处罚，具有较强的警示教育作用，将有力震慑类似情况的发生。 |
| Second, comprehensively holding those who damage the ecology legally liable. The people's court adhered to a zero-tolerance attitude towards ecological damage behaviors, implemented the principle of comprehensive accountability, and appropriately coordinated and applied criminal, civil and administrative liability for those who commit crimes of ecological damage, having ensured effective protection of the ecological environment. Case 2: Yuan [REDACTED]qin, together with others, illegally committed cross-provincial collection, dumping and stacking of hazardous waste aluminum ash, and piled up the aluminum ash in the basin near the Yellow River Estuary of Fen River, having caused serious pollution to the ecological environment. The people's court, while holding the perpetrator criminally liable according to the law, ordered the perpetrators to assume corresponding liability for environmental damage through trying a case of civil public interest litigation incidental to criminal proceedings according to the law, having fully demonstrated the judicial attitude of comprehensively holding the criminal offender liable, which was a vivid manifestation of judicial services for guaranteeing the major national strategy of ecological protection and high-quality development of the Yellow River Basin. | | 二是全面追究破坏生态行为人法律责任。人民法院坚持对生态破坏行为的零容忍态度，贯彻落实全面追责原则，对破坏生态违法犯罪行为人依法妥善协调适用刑事、民事、行政责任，确保生态环境得到有效保护。案例二，袁某勤伙同他人非法从事跨省收集、倾倒、堆放危险废物铝灰的违法犯罪行为，且将铝灰堆放在汾河入黄口附近流域，造成生态环境严重污染。人民法院在依法追究行为人刑事责任的同时，通过依法审理附带民事公益诉讼案件判令行为人承担相应的环境损害责任，充分体现了对违法犯罪行为人全面追责的司法态度，是司法服务保障黄河流域生态保护和高质量发展重大国家战略的生动体现。 |
| Third, supporting and guaranteeing the law-based administration and strict law enforcement by administrative organs. According to relevant provisions of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes, the environmental protection department or other departments with supervisory and administrative responsibilities for prevention and control of solid waste pollution shall, as law enforcement organs, investigate and handle crimes involving solid waste pollution of the environment according to the law and severely crack down on them. The people's court legally supported and guaranteed the administrative organs in holding perpetrators involving illegal solid waste pollution of the environment legally liable according to the law, which could not only maintain the seriousness and authority of the law, but also cooperate and collaborate with administrative organs within their respective duties, forming a powerful law enforcement synergy, and having more effectively protected the ecological environment and maintained ecological security. Case 3: Although [REDACTED] Pearl Store obtained an import license, the stromboidea shells imported by it were identified as solid waste due to dirtiness and unpleasant smell, and were ordered to be returned by the Dapeng Customs. Therefore, this pearl store had constituted a violation and was fined by the Dapeng Customs. The people's court lawfully supported the Customs' law enforcement action and prevented the entry of solid waste, which not only played a warning and educational role for merchants who must strictly abide by laws and regulations and fulfill their due diligence obligations when importing goods and articles, but also built a judicial defense line for safeguarding the ecological security of the national border. | | 三是支持和保障行政机关依法行政、严格执法。根据《中华人民共和国固体废物污染环境防治法》等有关规定，生态环境主管部门或者其他负有固体废物污染环境防治监督管理职责的部门作为执法机关，对涉固体废物污染违法行为应当依法查处，严厉打击。人民法院依法支持和保障行政机关依法追究涉固体废物污染环境违法行为人的法律责任，既能够维护法律的严肃性和权威性，又能够与行政机关在各自职责范围内相互配合、协作，形成强大的执法合力，更好地保护生态环境、维护生态安全。案例三，某珍珠商行虽然取得进口许可，但是进口的大凤螺贝壳因脏污、有异味被鉴别为固体废物，被大鹏海关责令退运，因此该珍珠商行的行为构成违法，被大鹏海关处以罚款。人民法院依法支持海关执法行为，阻止固体废物入境，这一举措既对商家在进口货物、物品时必须要严格依法依规办事、尽到审慎注意义务起到警示教育作用，也为捍卫国门生态安全筑起了一道司法防线。 |
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