Three cases of Dongying Procuratorate were selected as typical cases of procuratorial work in Shandong Province | Published by Dongying

Recently, the Shandong Provincial Procuratorate issued the "Notice on Printing and Distributing the Services of the Yellow River Basin and High -quality Development Typical Cases of Procuratorate Services in the Provincial Procuratorate". Municipal Tourism Development Co., Ltd. and Jiangsu Construction Co., Ltd. Construction Engineering Construction Project Construction Contract Disputes and Calling Calls, and the People's Procuratorate of the Kenli District of Dongying City sued Chen Moumou and a chemical company. Selected.

Six people such as Xie Mou, Yang Moumou pollution environmental cases

Basic case

Xie Mou has leased the oil storage tank of a chemical company since April 2020 for the production and sales of related oil products. On April 24, 2021, Xie Mou cleared the oil storage tank and contacted Yang Moumou, who had no hazardous waste disposal qualification to deal with the oil and water mixture generated by the clear tank. Yang Moumou contacted Yan Moumou, and then Yan Moumou contacted Huang Moumou for processing. On the afternoon of the 25th, Yan Moulou contacted three transport personnel through WeChat circle of friends, driving a tanker to Xie Somedo for a total of 82.93 tons of oil and water mixtures. After the tanker, he dumped the oil and water mixture in the tank with Li Moumou, Liu Moumou and others to the Yellow River. After identification, the oil and water mixture is also a toxic substance for hazardous waste.

Perform duties

Strengthen collaboration and intervene in guidance in advance. After the case was issued in this case, the county procuratorate transferred clues according to the environmental protection department and public security organs, and sent staff to intervene in advance. It is recommended to comprehensively investigate and extract the waste oil residue sinking into the Yellow River at the bottom of the Yellow River and the oil and water mixture of floating water. Urges the public security organs to conduct case investigations in accordance with the "upstream waste-intermediate disposal-intermediate disposal-downstream sewage discharge" model, "one chase to the end" to achieve a full chain blow to the person involved.

Adhere to the synchronization of strikes and governance, and actively promote environmental restoration. While hunting and prosecuting the cases in accordance with the law, the Lijin County Procuratorate implemented a recovery judicial concept, cooperated with the public security and ecological environment departments to contact the Lijin County Government, and entrusted the social special disposal agency to clean up the hazardous waste involved in accordance with the law and regulations and resumed the river region to the river region. Governance. After identification, the waters of the pollution area have been restored.

Promote the negotiations of damage compensation and promote the performance of compensation obligations. After the case was transferred to the review and prosecution, the Lijin County Procuratorate suggested that the county government established the negotiation and negotiation groups including procuratorates, ecological environment, public security and other departments in accordance with the requirements of the "Measures for the Work Measures for the Compensation of Ecological Environmental Disability Compensation" to actively urge the parties to fulfill the obligations of compensation. Eventually, a compensation for ecological environmental damage was 1.151 million yuan and a negotiation agreement was signed.

Dongying City Tourism Development Co., Ltd. and Jiangsu Construction Co., Ltd. Construction Project Construction Project Construction Contract Dispute Disputes Calling Calling Call

Basic case

In October 2008, a certain tourism development Co., Ltd. (hereinafter referred to as a tourism company) with Dongying City (hereinafter referred to as a tourism company) signed a "Construction Project Construction Contract" with Jiangsu Construction Co., Ltd. The company promises to make a profit of 6.2%on the basis of engineering review. After the project was completed, the review value was more than 90.47 million yuan, and most of the project funds paid by tourism companies. In March 2019, the tourism company sued the construction company to request the payment of the project for benefits. The case lasted for nearly two years. Considering the benefit, for the cost of professional subcontracting engineering and engineering materials, the principle of illegal levels of profits is illegal. The price and cost of this part of the project should not be determined to be the scope of the profit, and the decision of the tourism company's claim. Tourism companies have clearly agreed on the clause and cannot overturn the contract for the principle of fairness, and apply for supervision from the Dongying People's Procuratorate.

Perform duties

Interpretation Analysis Theorem guidance and reconciliation. Through detailed investigation of the experience trial, and communicated with the parties many times, it was found that the tourism company and the construction company had a cooperative relationship for nearly 20 years. Affected by the new crown epidemic, the tourism company's income has decreased sharply in recent years. Construction companies more than 7.5 million yuan of project funds. Combined with the trial of the related cases, and comprehensively considering the interests of the two parties, the court judged the lawsuit of the tourism company with the principle of fairness. The Huanghekou Visitor Center project involved in the contract is of great significance to the ecological protection and high -quality development of Huanghekou. It is difficult to resolve contradictions and disputes between the two parties for the case.

Multiple rounds of communication settled. Adhere to "reconciliation and complete reconciliation", and the reconciliation work runs through the case. Although the two parties in this case have the willingness to settle, how to solve the two cases that have not been implemented in place together, the psychological expectations of the two parties have a large psychological expected gap, and the reconciliation work has fallen into a deadlock. The prosecutor took the initiative to communicate with the parties' "back" and "one -to -one", combined with the facts of the case, the business development of the enterprise, the ecological protection of the Yellow River mouth, and the implementation of another case. The perspective of cooperation prospects, in -depth and patient interpretations, make the two parties gradually narrowed and promoted the reconciliation of both parties.

Packaging and reconciliation drives the resolution of many cases. With the continued efforts of the procuratorate, the two parties were promoted to reach the "Reconciliation Agreement". The tourism company withdrew the application for supervision. The construction company exempts 2 million execution funds in the other two cases. The implementation of the other two cases between the two parties resolved the two sides of the two sides for more than ten years. Four people including the People's Procuratorate of Kenli District, Dongying City, and 4 people including Chen Moumou and a chemical company pollute the environmental criminal attachment of civil public interest lawsuits

Basic case

A chemical company in Binzhou is located in Wudi County, Binzhou City. In order to reduce the cost of hazardous waste disposal, the company's manager Ma Mou was taught by his company's person in charge. For illegal disposal, Chen was a Kenrion in Dongying, and there was no hazardous waste storage and disposal qualifications. In March 2021, Chen contacted Yue and Zhang again. The three of them transported Chen from a chemical company in Binzhou to a total of 211.3 tons of industrial waste into a ditch in the jurisdiction of Kenli. After the detection of professional institutions, the liquid in the canal at the site is strong and corrosive, which is a hazardous waste. After investigation of the on -site investigation, the procuratorial organs found that the dye was dangerous for further expansion, and immediately urged the relevant administrative organs to respond to emergency disposal of the hazardous waste and waste involved in the case. The administrative agency signed a pollution -cleaning and restoration contract with Dongying's environmental protection technology company, agreed to clean up the cost and subsequent repair costs of 886,1604 yuan, and successively cleaned a total of 1526.12 tons of sewage. On July 13, 2021, after the inspection of professional testing agencies commissioned, heavy metals and water pollutants in the on -site water bodies exceeded the limits of the water inspection of the surface meter, and the ecological environment continued to be infringed.

Perform duties

In the case of the People's Procuratorate of Kenli District, Dongying City (hereinafter referred to as the Kenli District Court), in the case of Chen and others, Chen and others discovered illegal acts involved in the case, seriously polluted the environment, and infringed on social public interests. Emergency disposal of hazardous waste involved in the case.

At the same time, in order to allow illegal actors to fulfill the responsibility for repairs in a timely manner and ensure the effective recovery of the damaged environment, the Kenli District Court proposed to the Kenli District People's Court (hereinafter referred to as the Kenli Court). Property preservation of property.

In response to the person in charge of a chemical company in Binzhou and the manager Ma, Ma Mou had been arrested by Binzhou Public Security Organs and was transferred to the procuratorate for review for another criminal case of pollution. In order to facilitate investigation and verification and subsequent lawsuits, the Kenli District Court responded to a chemical company in Binzhou And the corresponding illegal acts involved in this case were transferred to Binzhou Procuratorate for review and filed a criminal civil public interest lawsuit. On January 28, 2022, the Kenli Court ruled that the four defendants such as Binzhou and Chen Mou, such as Binzhou, and Chen Mou. A chemical company in Binzhou refused to accept the judgment of the first instance and appealed to the Dongying Intermediate Court. On April 22, 2022, the Dongying Intermediate People's Court ruled to reject the appeal and maintain the original sentence. On May 7, 2022, the Kenli District Court was transferred to the case by the Kenli District Procuratorate.

- END -