Since the outbreak of the incident, the related topics of the leakage of carbon 9 in Donggang have attracted great attention from micro-bloggers and micro-credit users, and the number of readers has reached tens of millions. At the same time, the mainstream media such as CCTV News Network, People's Network and Xinhua Network have also reported and reprinted the incident one after another.
I.the disclosure of Donggang carbon nine
According to media reports, the accident was caused by the leakage of 6.97 tons of carbon dioxide from Fujian Donggang Petrochemical Industry Co., Ltd. (hereinafter referred to as Donggang Petrochemical Co., Ltd.) during the implementation of the shipment of carbon dioxide, which not only brought serious pollution to the environment, but also adverse effects on the health of local residents and fishermen's economy. Quangang District Government arranged emergency working capital of 5.5 million yuan, Donggang Petrochemical promised to compensate all losses within the scope of liability. The police detained 7 staff involved in the crime of serious accident.
II.Legal issues behind media reports
1.Media focus: negligence in government regulation and accident disposal, and imperfect daily management of enterprises.
According to a survey conducted by CCTV, local officials reported that "oil pollution has been cleared up" and "atmospheric indicators have returned to normal". However, the plastic foam in the sea area supporting the fishing row was corroded, and the oil spill on the sea surface was still not salvaged. Many villagers appeared unwell in the hospital. CCTV network believes that the accident that should not have happened. The transparent and orderly aftermath of chaos, enough to show that behind this leak accident, there are more worrying deep problems. From the various reflects of the local people, they are not satisfied with the deterioration of the environment for a day, but they have not yet seen the due attention and improvement.
According to a survey conducted by the Wechat Public Number CECA (Cross-border Environmental Concern Association), the Quanzhou Wharf Environmental Impact Assessment (EIA) for carbon spill has not been approved for construction. Donggang Petrochemical Wharf has not yet received public approval, and its corresponding environmental protection completion acceptance documents have not appeared in Fujian Province, Quanzhou two levels of environmental protection departments publicity website. But now, Donggang Petrochemical has been put into operation for 7 years. According to CECA, the operation of Donggang Petrochemical Company is illegal, and the local environmental protection department also has negligence in its daily supervision work.
2.Legal issues behind the focus.
According to the opinions of mainstream media and netizens, the legal problems reflected in this regard can be divided into three major aspects:
2.1.The enterprise's management qualification and production management are illegal and irregular, and it should bear corresponding administrative responsibility. Enterprises with high environmental risk should be stricter than the general industry in administrative examination and approval. In the site selection of factory buildings, they should be far away from residential areas and schools according to the distance stipulated by the national, and they should not be built and operated illegally. In EIA, the relevant environmental protection departments should apply for approval in accordance with the National Environmental Assessment Law before they can operate, and no subsequent application can be made. The punishment decision of the administrative department shall be fulfilled in time.
2.2.Staff members of enterprises who violate the provisions of safety management in production and operation, thus causing serious consequences and committing the crime of the accident bears the liability shall correspond the criminal responsibility.
2.3.The enterprise should bear corresponding civil liability for compensation to the injured people. Due to infringement of environmental pollution, responsible enterprises should bear no fault liability.
2.4.Staff in the management department are suspected of misconduct of duty. The supervision personnel negligence in examination , approval, supervision and accident disposal work lead to serious damage to the public on the activities of the office staff of state organs objective trust, resulting in heavy losses to the national and people's interests.
III.Legal advice
1.Enterprise perspective. Enterprise managers can employ lawyers to customize various systems applicable to their own enterprises, such as safety in production accountability, resolving legal disputes, preventing legal risks and providing legal advice for business decision-making. In production, the risk prevention and troubleshooting of production safety are not regularly carried out.
2.Government perspective. In daily work, governments at all levels should strictly formulate emergency plans and information dissemination methods suitable for local production safety emergencies in accordance with the law, and invite lawyers, experts and other third-party organizations to participate in the evaluation. When an incident occurs, we should do a good job in guiding and analyzing public opinion, strengthen the verification, examination and management of relevant information, timely, accurate and active guidance. After the incident, we should organize and coordinate the civil compensation work of the enterprises for the injured people.
3.The angle of the common. People with damaged interests may employ lawyers to claim civil compensation from enterprises through mediation or litigation channels. Applying for government intervention is conducive to resolving disputes.
