Emergence of environmental legal framework or seizure of illegal assets
The 12th Five Year Plan Environmental legal framework emerges
Environmental illegal enterprise assets or seizure
The reporter of the economic reference exclusively learned that the Ministry of environmental protection is fully involved in economic legislation and policy-making in export,credit,law enforcement and other fields.With the joint participation of the Ministry of environmental protection,the national development and Reform Commission,the Ministry of Finance and the competent departments of the whole industry,agriculture,forestry,fishery and animal husbandry,urban and rural construction and other fields,the"12th Five Year Plan"environmental economic legal and policy framework has emerged.In addition,relevant departments are seeking to add the clause of"sealing up and detaining enterprises suspected of illegal assets"to the revised environmental protection law(hereinafter referred to as the new environmental protection law),expand the authority of law enforcement,and eradicate the situation that the punished"star enterprises"refuse to stop production and obstinate discharge of pollutants.
At the same time,during the 12th Five Year Plan period,the environmental protection department also considered to increase the punishment on the enterprise's pollution discharge,and imposed"daily punishment"on it,with the daily fine superimposed,without the legal upper limit.Experts said that if the new environmental protection law including the above-mentioned provisions is voted by the National People's Congress,it will undoubtedly have a great deterrent effect on polluting enterprises.
In the first half of this year,the growth rate of"double high(high energy consumption,high pollution)"industry rebounded,which caused greater pressure on the situation of energy conservation and emission reduction.Zhou Jian,Vice Minister of the Ministry of environmental protection,stressed on Tuesday that"environmental protection departments must actively participate in macro-control,strictly implement the environmental impact assessment system,strictly suppress"two high and one capital",and restrict low-level repetitive construction and overcapacity projects."
Focusing on structural emission reduction in economic restructuring,authorities revealed to reporters that during the 12th Five Year Plan period,the Ministry of environmental protection will mainly promote"trump card"in credit and export.On the one hand,on the basis that more than 40000 pieces of environmental illegal information have been included in the credit system of the central bank,the Ministry of environmental protection will expand the scope of submitting environmental illegal information to the"one party,three meetings",and push it to the whole country after adding several pilot provinces.The above information will form a strong constraint on the financing and refinancing activities of illegal enterprises,such as credit approval,bond issuance and stock issuance.
On the other hand,the Ministry of environmental protection will continue to provide the list of equipment,products and processes of the"double high"industry to the national development and Reform Commission,the Ministry of industry and information technology and the General Administration of customs,so as to provide reference for the latter to further cancel the export tax rebate of the"double high"industry and prohibit processing trade.The Ministry of environmental protection and the Ministry of commerce are also studying and formulating the environmental behavior guide for Chinese foreign investment enterprises,so as to prevent Chinese businessmen from causing other countries and transnational environmental violations.
People familiar with the matter said Tuesday that the direction of environmental protection legislation in the 12th Five Year Plan will also shift from speed oriented to quality oriented,from construction oriented to perfection oriented."The annual legislative plan of the Legislative Affairs Office of the State Council has been greatly reduced from 39 in 2005 to about 15 in 2011,while the environmental protection legislative plan can still maintain a high growth rate,which is very rare."Said the person.
However,relevant personnel from the Department of policies and regulations of the Ministry of environmental protection admitted that the biggest problem in the current environmental protection legal system"is not the lag of legislation,but the poor implementation."In response,Lu Keqin,consultant to the Secretary General of the China Environmental Protection Federation,also pointed out that the low cost of violation of law makes the production cost of enterprises transfer to the social and environmental cost,and some illegal enterprises regard administrative fines as recognition of illegal emissions.Lu called for the law enforcement authorities of environmental law enforcement departments to be fixed in the form of laws,so as to eliminate the interference of other government departments,individuals or groups in environmental law enforcement.
A jurist who participated in the revision of the new environmental protection law told reporters that according to some grass-roots enterprises,there are six or seven local departments,including the total amount department,the Environmental Supervision Bureau,the environmental assessment department,the technology department,and the publicity and education department,which are involved in different businesses,such as pollutant emission reduction,environmental violations,environmental impact assessment,environmental protection technology transformation,and environmental protection publicity,etc.,to inspect and guide the enterprises in turn,leading to the enterprises'fatigue."Environmental protection departments should not only focus on the expansion of law enforcement power,but also integrate the law enforcement power of different business departments into one platform."He said.