JayGaby Blog
Tuesday, October 25, 2011
The buy before the centre of gravity of environmental protection needs
The message that pollutes about the environment of late is ceaseless. Be in these two days, company of energy of family of brilliant of an enterprise Zhejiang is suspected of Zhejiang Hai Ning contaminative environment causes the people to gather, shanghai closes in succession stopped company of 4 lead accumulator. Environmental problem is be besieged on all sides it seems that, be in an emergency everywhere. Almost meanwhile, premier Wen Jiabao made a speech with respect to safe production and environmental protection problem in Dalian, emphasize wanting the height from overall situation and strategy, sufficient understanding makes the extreme value of good safe production and environmental protection job. A big country in premier mouth " extreme " 2 words, also be the serious rate that gives instantly environment problem to comparative from another report. Advanced before long, be in Dalian, local government ever decided to stop production removes the PX project that is put in hidden danger of serious environment safety, this matter echo is very big. Hear environment contamination accident, the feeling that a lot of people appeared to have a kind of coma, this is the cause with too common contamination accident of the environment in reality really. From a few years before " thunder is very big " for many times " environmental protection storm " , the effort that leaves together to the ceaseless exposure of public opinion and multibarrel of environmental protection branch, the effect cannot say, but environmental reality still makes a person deeply regretful. Accompanying contamination accident frequency to send, it is the fall of quality of integral zoology environment. Can say, the fall of zoology environment quality, the body and mind of minatory people is healthy, lowered happy index of the people, also make the sense that economy grows is sold at a discount greatly. Plain common sense tells people, be economic activity of the mankind, brought more and more frequent environment accident. Academic research shows, accident of of all kinds environment occupies instantly the scale that total accident counts is stabilized basically, pollute with water and atmospheric among them most serious; On the space, environmental pollution and broken bad accident basically are centered in southeast and mid area province, hunan, Sichuan and Guangxi are the area with environmental the most concentrated accident. In the meantime, the environment below different economic level is polluted and the relevant degree of the happening of reason of paltry bad thing and influencing factor differs, develop province accident number and company number appear remarkable positive to involve a concern. Actually, do not know the heavy consequence of so concentrated contamination accident without the person. In last few years, environmental protection branch is treated destroy environment and the project that violate statute, punish strength is greater and greater, the method also has innovation repeatedly. But, postmortem punishs, what fail to prevent environmental contamination accident effectively however is ceaseless happen. Among this, it is what to link gave serious problem certainly. The centre of gravity of environmental protection, the buy before need arrives prevent control level. With respect to reality character, the most primary crucial reason, be afraid still is the paradox between local economy progress and environmental protection. A lot of moment, local official knows many enterprises can give local environment to cause pollution obviously, it is serious pollution even, but the pursuit that stems from pair of local economy progress, also or because officials are right the demand of GDP speed, so that between economic progress and environmental protection, fail to get the balance of at least. This paradox is a predicament, do not go to give this predicament, concentrated environmental contamination accident is destined to be able to happen continuously go down. Turn round to want, in these a few years, resounding city of temporarily Songhua River contamination accident, salt is especially big the contamination accident of violet gold mining industry of water pollution incident, Fujian, and the contaminative incident that plumbic accumulator industry causes ceaselessly, which is because,having together " black GDP " kind an apple of discord below? Before a few years, still call somewhat " cost is talked " (must bear to increase price) and " future is talked " (can solve in the future) defending for these contamination accident, but from the point of reality, these " academic " it is how absurd! From " black GDP " trend " green GDP " , this route goes so that have much hardship, it is difficult that economy grows the transition of means to be able to have many. But grim fact is warning people, again difficult, environmental protection battle also must be hit stoutly. Premier Wen emphasizes this in Dalian, should make full use of the market, administration and legal measure, drainage area of compound decision, area develops in economic society source control of integrated processing, pollution harnesses 3 respects put in time and energy, accuse through preventing couplet of fully control, joint defence completely and group prevent group control, improve environmental quality. These opinions, prevent what the environment pollutes accuse to be placed in more outstanding locally. Can discover, the processing after be being polluted first is " be on guard insufficient " processing, devoted cost is inevitable and exorbitant, paid price passes necessarily big. And the mode that the edge pollutes by the side of processing, although the harm that the environment pollutes was reduced on certain level, but cannot from go up at all the passive aspect that alters environmental protection. The centre of gravity of environmental protection must before buy, is postmortem passivity not merely punish. "Chronic and stubborn disease needs to use fierce drug medical service " , must build prevent couplet of fully control, joint defence to accuse to mix completely group prevent group control be on guard system. Someone says, local commissioner needs to be the great contamination accident with a few obvious reasons of local to be in charge of. Theoretic, this is a pretty good proposal, since a few officials are doted on so " black GDP " , and rather than of achievement in one's post of oneself of more attend to is communal interest, it is normal to pay necessary price to also be belonged to. But also put in the problem sometimes: "Evil flower " the likelihood is predecessor grow, if punish,go up in successor body, not fair. This explains, the system cannot undertake the whole thing solve all problems, still depend on occasionally for politics person conscience. Same, the buy before the centre of gravity of environmental protection, also rely on a place advocate politics more effort of the official.
Shaanxi god wood takes up land builds new city add: Land bureau says to belong to ask for the ground beforehand
Land changes an agreement (acoustical reporter Bai Yu of China is photographed) the sketch map of divine wood new residential quarter on outdoors billboard (acoustical reporter Bai Yu of China / photograph) the life is in the villager in mobile board room (acoustical reporter Bai Yu of China is photographed) is medium extensive network, the village that Chinese sound reported to farmer of part of Shaanxi god wood lives continuously recently and farmland as " divine wood new residential quarter " development construction is gobbled up gradually, had been in mobile board room the cave dwelling that before the villager that passed 3 years should be forced possibly to be moved 20 years, lives. The reporter discovers after thorough investigation, this covers an area of area ratio 15 the Imperial Palace are even big " divine wood new residential quarter " did not gain state-owned land access up to now card. The villager people the answer that gets after to lodge a complaint of Xiang Yulin quadrangle is however " administrative case cannot do by legal " . After many setbacks, divine wood county concerns leader He Yulin court of city intermediate people is final made a response. Response of vice secretary of county Party committee is denied " developing zone " new residential quarter of one wood saying a look begins to plan to carry out from 2006, cover an area of a face to accumulate 11.3 square kilometer, even bigger than 15 the Imperial Palace, modern other people includes to flow inside planning area, industrial project, large live wait for 6 an area, the program accommodates population 8-10 10 thousand people. New residential quarter is in charge of appoint Qiao Fan of conference vice director ever told a reporter " divine wood new residential quarter " it is a developing zone, but the examination that passes the county only up to now, also did not gain state-owned land access card. Reporter: What does this new residential quarter calculate now? Qiao Fan: It is a developing zone. 2003, hair of general office of the State Council, country changes appoint wait for 4 ministries and commissions to allot an announcement, the regulation that by government of the State Council and province, municipality, municipality directly under the Central Government according to the developing zone two class examine and approve, the developing zone is uniform under prefectural class cancel. After the report broadcasts, reporter after many flounder, the Hao Haidong of vice secretary of county Party committee that saw new residential quarter of wood of god of be assigned personal responsibility for develops construction eventually. Hao secretary introduces, in divine wood new residential quarter inside the program limits of 11.3 square kilometer, state-owned beach makes an appointment with 790 hectare besmearingly, village collective land makes an appointment with 340 hectare. But he is right " developing zone " this one view gave deny. Hao Haidong: Mix without literal account all the time on the county oral language says that is a developing zone. Reporter: That why new residential quarter is in charge of appoint can you say it is a developing zone? Hao Haidong: I what this who says am not to know this thing. In denying the villager to will be forced to move a cave dwelling to interview, 2 groups villager ever told Gong Liulin village the reporter, as the development construction of divine wood new residential quarter, their building and land are developed to take up, had been in mobile board room passed 3 years they also are done not have up to now when bridal chamber, the likelihood should be forced to move a cave dwelling that lives 20 years ago recently. To this, hao Haidong of vice secretary of divine wood county Party committee expresses county the beginning of the year to had made arrangement. Hao Haidong: We had had the beginning of the year arrangement, give chummage of two years again, be known according to me, it may not be a bad idea resembles fulfilling reached the designated position. Reporter: Did not fulfil reach the designated position, when I go, the villager said to did not give again. Hao Haidong: This is with the fact accurate, I still do not have bother about this thing. In long-term will tell, they have land, accelerate the development of their land. Reporter: Have plan of a time? Hao Haidong: I want to be solved temporarily solve inside year, long-term on my estimation also gets two years of time the least. Land newspaper is approved get half an year the most quickly, construction plans for some time. Bureau of land natural resources responds to state-owned land management not to reach the designated position to the villager people government of divine wood county contracts 30 years the ground is maintained for " the villager cultivates old state-owned and flood land ground " the problem of free commandeer, because land management job is less than a be caused by,Wen Zhiyi of censorial great team leader considers as bureau of natural resources of land of divine wood county. Wen Zhiyi: Because cadre of original villages and towns also is not to understand very much to land policy, the likelihood is right when sending card this thing also not quite attention. Reporter: Do then you make the program that collective of state-owned land pass on uses? Wen Zhiyi: We return this flow now, go up possibly at that time in the management of state-owned land we do not reach the designated position a bit. Did not sign up for batch of land to be able to continue to cultivate Hao secretary still tells a reporter, now already commandeer but did not sign up for approved land and did not change land use, if the villager is willing,still can continue to cultivate. Reporter: Because divine wood new residential quarter builds need to ask for the ground,asking for what be clear about on ground agreement to be being written is, so magical wooden new residential quarter should obtain the approval document that signs the ground above all. Hao Haidong: Divine wood new residential quarter was not obtained this, but now already of commandeer, did not move without what the newspaper approves, do not change use. About " already commandeer but did not sign up for batch " : Belong to what ask for place of ground Hao secretary to say beforehand " already commandeer but did not sign up for batch " how should understand after all? Censorial group grows bureau of natural resources of land of divine wood county Wen Zhiyi's explanation is " ask for the ground beforehand " . Reporter: You tell how is be being asked for after all beforehand to return a responsibility? Wen Zhiyi: I... this thing... not be me... I am specific also say to not be clear about... we did not tell this... we am prattle... go... we go... this thing... I give you... chat slowly... reporter: You do not chat slowly, I had not figured out, you sit in this first, wen Zhiyi: Do not fasten, white journalist, go... so far... I also do not understand to your lane, this we chat slowly... Wen Zhiyi expresses finally, prefectural land branch can guide the villager actively to deal with relevant land to sign up for batch of formalities. The court responds to about " administrative case cannot do by legal " : Belong to a mouth by accident the villager people think write one's own ticket of government of divine wood county " ask for the ground " behavior breaks the law, then, to lodge a complaint of court of intermediate people of Xiang Yulin city, yu forest quadrangle did not grant put on record, reason is " administrative case cannot do by legal " . So, what is the basis that the judge makes such explanations after all? Be in office of department of politics of Yu forest quadrangle, the staff member is right of the reporter arrive again visit the go off in a huff after expressing to pay no attention to solution. Judge: What thing can provide the court? You do not stand on the reporter's identity, I also do not stand on the judge's identity to consider this issue. Reporter: That if the court is not solved, who can be solved? Judge: This truth many what we understand than you. Reporter: Then you are told. Judge: I attend a meeting went... after this is close in 4 hours, the reporter is various bargaining, after all staff members come off work, the reporter was gone to please outside office building a party anteroom that does not have lamplight, it is bargaining hind, jade of bezoar of a horse of a secretary in charge of sth of place of propaganda and education sufferred forensic authorization to be accepted in this dark room interview. Reporter: Administrative case cannot do by legal, how do you understand the meaning of this word? Jade of bezoar of a horse: A few when everybody has him himself by accident. Reporter: Such mouth appears when handling a case as the judge by accident, the behavior of what property is this? Jade of bezoar of a horse: I think is a kind of neglect, I think this also is a kind of error that allows inside working limits. About granting put on record: Be absent accept Zhao Sanping of lawyer of limits villager representative to ever told a reporter, this year June 8, the villager people to lodge a complaint of court of intermediate people of Xiang Yulin city, yu forest quadrangle does not grant up to now put on record, is this why? Jade of bezoar of a horse: This belongs to the impact of specific administration action between the villager and prefectural government, this does not belong to the limits that intermediate people court accepts Yu forest city. Reporter: Which one level should that attribute? Jade of bezoar of a horse: Should belong to what county court. According to " top people court about administrative case administer the regulation of a certain number of problems " , the accused is the case of government of people of prefectural class above, belong to administrative procedural law the 14th (3) of the regulation ought to by intermediate people court administer case of first instance administration. Party with the case great and complex for perhaps think to have court of jurisdictional basic level people unfavorable exercise is jurisdictional, sue to intermediate people court directly, intermediate people court ought to part inside 7 days according to different situation make: (One) show definitive edition area under administration is other court of basic level people administer (2) him decision is tried (3) written tell party to have jurisdictional basic level people the processing that the court sues. Do not grant to accept a ruling about doing: "It seems that " lawbreaking according to the villager acting lawyer Zhao Sanping introduces, from June 8 up to now, 3 many months had gone, yu forest quadrangle was not done from beginning to end take up the post of why to grant to accept a ruling. Is this why? Jade of bezoar of a horse of court of intermediate people of Yu forest city: We are not belonged to to accept after be being taken commonly, we also can refer joint meeting, joint meeting mechanism is square sex of one cultivate land, to safeguard a kind of mechanism of harmonious stability. It is so in the particular procedure of administrative lawsuit, the harmonious process of sex of the buy before having commonly. Reporter: Is this harmonious process legal regulation? Jade of bezoar of a horse: He is a kind of spirit of summary of a kind of conference. Reporter: Can you issue this conference summary? Jade of bezoar of a horse: You should say to issue a specific conference summary, issue do not come. Reporter: Can conference summary serve as legal basis? Jade of bezoar of a horse: Conference discipline otherwise can regard a kind of law as the basis, but a kind of spirit that can regard understanding as law. Legal clause is thing of a kind of paperbacked merely, how paperbacked thing understands, the face used judicatory drive here, and what judicatory policy and conference summary wait mental sex a moment is how-to. Reporter: 7 days want to make a ruling, this has very clear legislation regulation, you is the practice understandable now to violated law? Jade of bezoar of a horse: If you are pure the word from article proceed with, go up from the form for, seem to say 7 days inside you should make a ruling, you were not made, this seems to look he violated law. But, we think to those who say it is to was not disobeyed come on the spirit from law. Concerned incident makes progress, chinese sound will continue to pay close attention to.
Friday, March 11, 2011
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