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'Henan Practice' Highlighted in Supreme People's Court Work Report (PART I)

Source:dahe.cn Published:2021-03-09 18:43

'Henan Practice' Highlighted in Supreme People's Court Work Report (PART I)

九项工作被点赞 一起来看最高法院工作报告里的河南元素(一)

 

On March 8, 2021, Zhou Qiang, president of the Supreme People's Court, delivered a work report of the Supreme People's Court at the fourth session of the 13th National People's Congress. In the report, nine typical cases of Henan Province are highlighted.

2021年3月8日,最高人民法院院长周强在第十三届全国人民代表大会第四次会议上作最高人民法院工作报告。报告中,九项河南法院重点工作被点赞。

 

Zhou Qiang, president of the Supreme People's Court. [Photo provided to dahe.cn]


In the report

【最高法报告】

 

A total of 34 typical cases related to the COVID-19 epidemic were released, and such criminal acts as deliberately concealing one's overseas travel history (many people were quarantined as a result),  committing fraud on medical workers dispatched to Wuhan and other parts of Hubei, cheating on public donations under the cloak of charities, driving up prices, starting or spreading rumors, etc.

发布34个涉疫典型案例,严惩隐瞒出境史致多人隔离、诈骗援鄂医护人员、假冒慈善机构骗捐、哄抬物价、造谣传谣等犯罪行为。

 

Henan practice

【河南元素】

 

In March 2020, the accused Guo (pseudonym) arrived in Beijing by train from Zhengzhou, and then travelled to Milan, Italy and Paris, France via Abu Dhabi of United Arab Emirates by air. Guo deliberately concealed his travels, didn't follow the quarantine requirements after returning to China, and was finally diagnosed with COVID-19. As a result, 43 people in close contact with him were collectively quarantined for medical observation and the entire building where he was working had to be closed for days due to the high risk of spreading the virus.

2020年3月,被告人郭某某从郑州市乘坐火车到达北京,从北京乘飞机经阿联酋阿布扎比中转,先后到意大利米兰、法国巴黎旅行,郭某某回国后故意隐瞒出入境情况,且未执行隔离规定,被确诊为新冠肺炎患者后,与其密切接触的43人被集中隔离医学观察,工作单位所在大厦全楼被多日封闭,有引起新冠病毒传播的严重危险,社会影响恶劣。

 

On April 4, Guo was sentenced to one year and six months in prison by the Erqi District People's Court in Zhengzhou for obstructing the prevention and treatment of the infectious diseases.

4月3日,郑州市二七区人民法院以妨害传染病防治罪判处被告人郭某某有期徒刑一年六个月。

 

In the report

【最高法报告】

 

To ensure public health emergency supplies, courts in Suzhou, Weihai and Xinxiang granted emergency permission to enterprises involved in bankruptcies to resume production.

苏州、威海、新乡等法院紧急准许处于破产阶段的企业恢复生产,确保紧急医疗物资供应。

 

Henan practice

【河南元素】

 

Henan Piao'an Group applied for bankruptcy and reorganization through the People's Court of Changyuan, Xinxiang, due to its broken capital chain.

河南飘安集团因资金链断裂向长垣市人民法院提出破产重整申请。

 

After the sudden outbreak of COVID-19, under the guidance of the Intermediate People's Court of Xinxiang, the People's Court of Changyuan timely coordinated with relevant departments to solve the problem of raw material procurement of Piao'an Group. At the same time, with the joint efforts of the local government and the court, such problems related to production as equipment and labor were finally solved.

疫情发生后,新乡市中级人民法院及时指导长垣法院协调有关部门解决飘安集团原材料采购问题,同时通过府院联动工作机制,帮助企业解决生产过程中遇到的设备、用工等方面的困难和问题。

 

From January 18 to March 5, 2020, a total of 315 thousand protective clothing and 26.5 million medical masks were produced by Piao'an Group and sent to the virus-hit places, making significant contribution to the nation's epidemic prevention and control and winning a commendation from the Ministry of Industry and Information Technology of China.

2020年1月18日至3月5日,飘安集团共生产出防护服31.5万套、各种口罩2650万只,及时投放疫区,为全国疫情防控做出了重大贡献,受到国家工信部的通令嘉奖。

 

In the report

【最高法报告】

 

Court in Henan tried a case of waste acid polluting the Yellow River's tributaries and changed the phenomenon that "enterprises pollute, people suffer and government pays".

河南法院审理废酸污染黄河支流案,改变“企业排污、群众受害、政府买单”现象。

 

Henan practice

【河南元素】

 

A company sent its waste acid produced during the production to some unqualified personnel for disposal. They poured the waste acid into the rivers of Huimugou and Jindi, causing serious pollution. The Puyang Municipal Government sued the company for damages to the ecological environment. The company was ordered by the Intermediate People's Court of Puyang in the first instance to compensate Puyang government for more than 4 million yuan, 50 percent of which should be paid immediately, while the rest can be deducted by participating in ecological environment management and technical innovation as well as buying compulsory environmental pollution liability insurance. The accused Wu and others were sentenced to the imprisonment of no less than two years and six months and no more than three years and eight months respectively for environment pollution.

某公司将其生产过程中产生的废酸液交由无资质的吴某等人非法处置,将废酸液倾倒至濮阳县回木沟、金堤河,造成严重污染。濮阳市政府对该公司提起生态环境损害赔偿诉讼,濮阳市中级人民法院一审判决该公司赔偿濮阳市政府损害费400余万元,先行支付50%,剩余50%可通过参与生态环境治理、技术改造、购买环境污染责任险的方式,按比例折抵费用,吴某等人被以污染环境罪分别被判处二年六个月以上、三年八个月以下有期徒刑。

 

In the report

【最高法报告】

 

Courts in the 9 provinces and autonomous regions through which the Yellow River flows such as Shanxi, Inner Mongolia, Shandong, Gansu and Ningxia strengthened their coordination in environmental resource adjudication to jointly protect the Yellow River, the nation's mother river.

山西、内蒙古、山东、甘肃、宁夏等黄河流域9省区法院加强环境资源审判协作,共同保护中华民族母亲河。

 

Henan practice

【河南元素】

 

The High People's Court of Henan actively explored a systematic, scientific and integrated judicial protection mechanism for the Yellow River Basin. Approved by the Supreme People's Court, Henan Superior People's Court designated the Railway Court of Zhengzhou to centralize jurisdiction over cases involving environmental resources in the Yellow River Basin within the province, so as to facilitate ecological protection and high-quality development of the Basin.

河南高院积极探索系统科学、整体协同的水流域司法保护机制,报请最高法院批准,指定郑州铁路法院集中管辖省内黄河流域环境资源案件,全力护航黄河流域生态保护和高质量发展。

 

Since the implementation on September 1, 2020, with a cross-domain and online filing rate of 96.4 percent, 323 cases had been accepted while 313 concluded with an average processing time of 31.3 days. Besides, with the non-appeal rate in tried cases increasing by 5.2 percent, Henan's 4 cases were selected into the top ten typical cases of the juridical protection of the Basin's ecological environment.

2020年9月1日实行以来,共受理案件323件,跨域及网上立案率96.4%,审结313件,平均审理天数31.3天,息诉服判率提升5.2个百分点,4起案例入选全国法院黄河流域生态环境司法保护十大典型案例。

 

In the report

【最高法报告】

 

Courts in Chongqing, Zhengzhou, Chengdu, Xi'an and Lanzhou properly settled disputes over contract for international railway through transport.

重庆、郑州、成都、西安、兰州法院妥善化解国际铁路联运合同纠纷。(中文来源/大河网 翻译/赵汉青 实习生/黄骞婷 审校/张玉红)

 

To be continued

未完待续……

Editor:Zhao Hanqing