[in 2011 ten] China public interest litigation by voting and expert evaluation, 2011 ten major public interest litigation Chinese released. Case description, see the.

 

1Hunan Bureau of Geology and mineral resources, Liu Yunsu refused to record the color blind civil servant candidates

2Mousu, Yang China Telecom Guangdong Branch junk SMS infringement case

3USA, ConocoPhillips (China) Co., Ltd. spilled oil pollution damage compensation cases

4, Gordon Liu v. southern airline discount ticket cannot endorse back case

5, Li Yan v. Ministry of land and resources, the Ministry of education and the Ministry of science and technology of government information disclosure

6Friends of nature, such as v. Luliang Chemical Industry Co. Ltd., chromium slag pollution compensation case

7, Lin Lihong v. Shenzhen Customs seized the foreign books purchased by the specific administrative act as illegal case

8, the China Environment Federation v. Xiuwen County Environmental Protection Bureau of the government information disclosure

9Shenzhen City, Baoan District's Procuratorate v. deep burning oil and gas company environmental pollution responsibility dispute case

10Zheng Weining, Liu Haijun v., Shenzhen airlines refuse disabled infringement of equality and dignity 

2011"Ten years China public interest litigation"

Legislative seminar expert evaluation and public interest litigation

 

 

Host: democracy and the legal system of network

Co organizer: Beijing Institute of Technology Judicial Institute of advanced studies

The legal aid center of Central University of Finance and Economics

Beijing city endowment slightly law firm

Host: China Public Interest Action Network 

 

 

Media support: the Journal of democracy and legal service, Sina micro-blog, China report magazine, Caixin media, Guangzhou daily, Securities Daily

                   Daily economic news, China economic times, economy and the rule of law online,Southern Metropolis Daily, Hongkong Ta Kung Pao

 

2012Years2Month19Day

 

Introduction of activities

 

2011Years China public interest litigation in the lack of legal norms and judicial support environment to continue hard and tenacious growth. This year the emergence of a group with a certain influence and social value of public interest litigation case, they reflect the real situation China public interest litigation now, they are the future China public interest litigation to options.
  2011Years is Chinese public interest litigation in the year of hope. That year10Month, the National People's Congress promulgated draft amendment to the civil procedure law, will increase the public welfare lawsuit clause, and nationwide solicitation amendments, this is a major event in the development of Chinese public interest litigation.     

To review the major public interest litigation over the past year, the summary of the current public interest litigation and the lack of experience, find the need to solve the difficulties and the system construction of public interest litigation problems, to promote the development of public interest litigation and public welfare, democracy and the legal system of public interest litigation, China Network Co sponsored network"2011Ten years Chinese public interest litigation"Selection activities. 

To strengthen the public participation activities, to ensure the objectivity and fairness of the contest, we sincerely invite the majority of Internet users concerned about the development of China public welfare social from all walks of life and the activities of interest to participate in democratic and legal network, China public interest litigation network2012Years2Month10To19At the same time opening day"2011Ten years Chinese public interest litigation"Selection of online voting. Your vote will be"2011Ten years Chinese public interest litigation"An important reference for the results.

 

The online voting:

Democracy and the legal system of networkHttp://www.mzyfz.com

Chinese Public Interest Action NetworkHttp://www.pil.org.cn

 

Thank you all for this event support!

 

 

Time arrangement

Time	Content	Place
2Month19Day	14:30 - 15:00	In the free exchange	Three meeting rooms China law (Xicheng District bingmasi Hutong63No.)
15:00-15:20	The launching ceremony
15:20-18:00	Seminar

 

The agenda of the meeting

A host, Mr. Li Gang introduced the guests

Two, representatives of the organizerDemocracy and legal systemEditor Liu Guiming Mr.

Three,Democracy and legal system network executive director Mr. Ming soldiersThe background activity, network voting results announced

Four, expert on-site voting, voting results

 

Photo, tea

 

Five, Chinese public interest litigation network consultant Mr. Xu Xin announced the appraisal results

Ms. Li Weihua, six, democracy and the legal system of agency law department director chaired the expert review and public interest litigation legislation

Seven, Chinese Civil Litigation Law Research Association, Professor Zhang Weiping summary speech

 

 

Participants

A list of experts

Zhang Weiping (Professor, Tsinghua University School of law China Civil Litigation Law Research Association)

Mo Jihong (Associate Professor, law China Academy of Social Sciences Institute of research on the constitution of Chinese vice president)

Zhan (Professor, Peking University School of law Chinese Administrative Law Research Association vice president)

Tang Weijian (Professor, Renmin University of China School of law Chinese civil litigation law research vice president))

Sun Guorui (Professor, Beihang University School of law China intellectual property research universities secretary)

He Hairen (Associate Professor of law Chinese Academy of Social Sciences)

Xiao Jianhua (Professor of China University of Political Science and Law, China Civil Litigation Law Research Executive Director)

Xu Xin (Professor, Beijing Institute of Technology School of law in judicial Higher Institute)

Lee Xuan (director, Center for education Central University of Finance and Economics master's legal secretary of the National Lawyers Association Constitution and Human Rights Committee)

The guest list

Liu Guiming (editor in chief of democracy and the legal system of social China law)

Cui Li (China youth daily legal news director, pending)

Zhang Wenjing (director, editor Chinese judicial pending)

Ming Soldiers (Democratic and legal network executive director Chinese law)

Li Weihua (Chinese legal director of democracy and the legal system of agency law department)

Wu Leather (the smell of the director of the law firm, director of the National Lawyers Association Constitution and Human Rights Commission of Beijing)

Tong Lihua(Beijing city to the director Cheng law firm, director of Beijing Youth Legal Aid and Research Center)

Qiu Baochang (director, Beijing Huijia law firm Chinese Consumer Association of lawyers)

Zhu Shouquan (Beijing mayor Ji director of law firm)

Lee Just (Beijing city endowment slightly director of law firm, China public interest litigation network editor)

Week Ze (the partner of the Beijing Wentian law firm)

 

Qiao Zhenqi (Chinese Reports magazine)

Li Zemin (Economic Daily News reporter)

Li Chunlian (Securities Daily)

Yu Mengjiang (Guangzhou Daily News)

Ren Wave (Caixin media public policy editor)

Zhang Yan (China Economic Times reporters)

Zhang Tianpan (Beijing Nandu review Press)

Sui Xiaojiao (Hongkong Ta Kung Pao reporter)

 "2011Ten years Chinese public interest litigation "selection recommendation case

 

1Zhu Xiaofei v. Beijing Municipal Bureau of Commerce and industry, not to investigate the CCTV illegal tobacco commercials

 

[introduction] case law Dr. Zhu Xiaofei for Beijing City Industrial and commercial bureau basis "advertisement law" investigate and deal with CCTV in the"Exploration and discovery"Column broadcast"The group of Hongta to create artificial peak investment in the development of the world's leading brands in Yunnan Hongta Group Co., Ltd."Advertising, Beijing City Industrial and commercial bureau reply said: advertising picture content and advertising language"Artificially high mountain peaks"Excluding tobacco advertising elements, and not by the propaganda in the tobacco advertising, non tobacco advertising or disguised tobacco advertising. Zhu Xiaofei refuses to reply, lodge an administrative lawsuit in Haidian District court of Beijing city. A judge ruled that Zhu Xiaofei does not have the administrative litigation plaintiff qualification, the prosecution dismissed.2011Years1Month5Day, the Beijing intermediate people's court ruling upheld.

 

Recommended reason] [Zhu Xiaofei v. Bureau of industry and commerce administrative nonfeasance case although no substantive hearing, but the cause of public concern in tobacco advertising."Artificially high mountain peaks"The smoke people known advertising language,"Hongta group"Is China's largest tobacco companies, the advertising language and the Hongta Group production of Hongta mountain cigarettes close contact, is obvious in the tobacco advertising. The laws and regulations of our country radio, film, television, newspapers, periodicals ban tobacco advertising in the broadcast, but, tobacco ads are everywhere. Administrative law enforcement has become weak and feeble China government impossible task to fulfill the "Framework Convention on tobacco control" commitment to ban smoking in public places, is still a common responsibility. 

 

 

 

2Zheng Weining, Liu Haijun v., Shenzhen airlines refuse disabled infringement of equality and dignity

 

[case] Zheng Weining, Liu Haijun in the introduction to the capital airport is the Shenzhen aviation limited company denied boarding, the reason is one "can't walk even one step", according to the regulations of the company cannot be accepted. Two people were brought to the Shenzhen Baoan District court, asked the defendant to make an apology, and compensation for mental damage solatium1228Million yuan, in order to protect the equal rights of the disabled and dignity. After the case, the plaintiff to show not for money for purposes of action, the compensation for mental solatium claim change1Element.2011Years3Month15Day, in the Baoan District court mediation, the defendant committed to2011Before the end of the year, with a narrow cabin wheelchair services for persons with disabilities in Shenzhen Airlines Flights, and organized a special group to love as the theme of the social welfare activities; the plaintiff would give up claims. Since then, Zh Zh, on "passenger baggage domestic general conditions of carriage" revise, delete more than 10 limited transportation and refuse to transport of content, including not the carrier"Cannot move wheelchair passengers"Regulations.

 

Recommended reason] [widespread public facilities and public transport managers and operators of the phenomenon of discrimination against people with disabilities. In terms of transportation had anti discrimination lawsuit, but focus on the bus, Metro area. The first relates to the field of aviation, has certain positive significance. Litigation settled through conciliation, save judicial resources, achieve the goal of safeguarding the right of equality; deep navigation through for reconciliation and improved service to restore the image, which take a positive attitude to deal with the crisis and public criticism is commendable.

 

 

 

 

 

 

 

 

 

 

 

 

3Kunming Environmental Protection Bureau, Kunming agriculture, Yang Fu company v. company environmental pollution infringement dispute

 

[introduction] case Kunming agriculture agricultural and animal husbandry Co. Ltd., Kunming Yang Fu combined with animal husbandry Co. Ltd. in pollution control facilities are not completed acceptance conditions, the contract farming land subcontract200Many pig farmers, seep into groundwater system of aquaculture wastewater, resulting in Dalongtan hair black and smelly, drinking water problems. The administrative departments of fine50Million yuan, but to2010At the end of the year, the water quality is still not qualified. So, in Kunming city's support, Kunming City Environmental Protection Bureau as the plaintiff filed a civil lawsuit.2011Years1Kunming city intermediate court two enterprises to immediately stop the damage to the environment, to"Special funds for relief to Kunming City Environmental Public Interest Litigation"Payment417．21Million and assessment fees13.252Million yuan, for the management of contaminated dalongtan. Two the accused, appeal.2011Years5Month31Day, Yunnan Province High Court of final appeal, dismissed the appeal, upheld the.

 

Recommended reason] [in this case is Yunnan's first environmental civil public interest litigation, the administrative organs filed environmental public interest litigation precedent. The case and there are many innovation: the prosecution by the "plaintiff" renamed"Public interest litigation people"The amount of compensation is a domestic; environmental public interest litigation decisions of the supreme; compensation paid to the city of Kunming environmental public interest litigation relief special fund account, used for the special environmental governance, has opened up a new way of pollution control; public interest litigation prosecution exemption of litigation fees, court verdict against direct pay legal costs, reduce the public interest litigation initiator pressure.

 

 

 

 

 

 

 

 

 

 

 

 

 

4, Huang Naihai v. Jiangsu Provincial Price Bureau, and Nanjing airport expressway toll case law

 

[case]29Km Nanjing Airport Expressway and charges40Yuan per kilometer, excess0.24Yuan, exceed the standard of more than50%By public complaints, the14Years.2009Years, Huang Naihai sued the Bureau of Jiangsu Province, Nanjing Airport Expressway Management Office, request and Nanjing airport high-speed illegal charges, and lower fee standards. Nanjing City Intermediate Court decides not to accept.2011Years6Month,71Old Huang Naihai indicted again. In the same month28Day, Nanjing City Intermediate People's court to "the plaintiff cannot prove to the Jiangsu Provincial Price Bureau asked them to carry out their duties for", once again ruled inadmissible. Huang Naihai then put forward to province traffic hall application for disclosure of government information disclosure, Nanjing airport high speed operation requirements14The related information of years.9Earlier this month, the Jiangsu provincial government announcement, make adjustments to the Nanjing airport freeway toll standard2011Years9Month1000:00, small car charges from the original two-way20Element/Second, adjust for bidirectional10Element/Time.

 

[reasons] in recent years, the country for illegal charges frequent proceedings, the court refused to initiate, or the verdict against the plaintiff, the judicial redress unable to play the functions of administrative law. The illegal charges14Years, frequent complaints that cannot be corrected, administrative authorities turn a deaf ear to confidence come from? The highway until2011Years6Month on the background of special clean-up of toll roads in China in the Ministry of transport, Ministry of Finance and other five ministries, Wong Nai Hoi effort again litigation, was the last straw.

 

 

 

 

 

 

 

 

 

 

 

 

 

5, Ms. Zhang v. Beijing mobile per minute billing charges of illegal case

 

[case] Beijing Ms. Zhang dissatisfaction with China Mobile"Each call is less than a minute by minute billing"Charging method, sued a Beijing Mobile Corporation, request the return of calls being overcharged. Dongcheng District court held that, telecommunication service contract relationship has been formed between the two parties,Legal and effective. Ms. Zhang believes that the Mobile Corporation's unreasonable charges,Required to refund part of the cost,No factual and legal basis, decision rejected the prosecution. Ms. Zhang dissatisfied, to appeal.6Month20Day, the Beijing second intermediate court made a final decision, upheld the.

 

Recommended reason] [telecommunications high fees is China had not solved the problem. The mobile phone is the basis of telecommunications tariff problem,In accordance with the regulations formulated by the competent administrative organ of the state, not by the telecommunication business operators decide."Calls for less than a minute by minute billing"Once the entire industry traffic fee charging standard, then the fixed telephone changes according to six seconds for the unit billing, charging unit of mobile phone without adjustment. It is reported, the international also per second billing telecommunications company. Communication billing standards related to each of the vital interests of telecommunications users,But, not only consumers do not have the ability and the operators to carry out price game, but the court did not affect the ability of the government and the monopoly, which is the movement of China consumer had to face the consumption environment and legal environment.

 

 

 

 

 

 

 

 

 

 

 

 

6Zhao Zhaoyang v. expressway company, "lost card at the most distal billing" illegal case

 

[cases] of Henan lawyer Zhao Zhaoyang drove from Xu Pingnan highway toll station entrance into Pingdingshan, he will pass into the car a gap can not be removed. He immediately in the toll station square about50Meter parking returns reflect the situation, told the lost card according to the most distal charging highway. Because of the consultations fail, he from the toll station exit out of high speed. Toll station although confirmed he has just entered the high speed, but still adhere to the most remote charging, Zhao Beipo paid185Yuan tolls and30Element access card fee. Zhao Zhaoyang went to the Yexian County court, request a refund was overcharged toll. The court held that, losing card according to the long-distance charges, contrary to the principle of equivalence paid, order the defendant to return180Element. The accused, appeal.2011Years7Month20Day, the Pingdingshan City Intermediate People's Court upheld the original verdict.

 

[reasons]"Lost card at the most distal charges"The highway, is still the norm. Between owners and operators is a contractual relationship paid an expressway service charges and services, collecting the most remote tolls, violation of fairness, making compensation for equal value, honesty and credit principle.2010Beijing Fengtai District court in high-speed toll road dispute case does not support high speed road"Lost card at the most distal charges"Proposition. But, this case verdict without precedent effect, also did not cause the Ministry of communications and the development and Reform Commission attention. The Pingdingshan intermediate people's court if through trial put forward judicial proposals, in this case, prompting authorities to change the unfair"Lost card at the most distal charges"Practice in the industry, will play a positive role in promoting the public interest.

 

7The cases of compensation for death, anonymous traffic accident

 

[case] according to incomplete statistics,2011Media disclosure11The cases of compensation for death cases of anonymous traffic accident, the support of the court, procuratorate Bureau of civil affairs as the prosecution8Zong, does not support the Civil Affairs Bureau, prosecution2Zong.  

The support of the court's Procuratorate prosecuted cases: the cases of compensation for Anhui Lixin County procuratorate anonymous relatives v. road accident personal injury compensation by the procuratorate, the escrow.

The support of the court prosecution: Hebei Civil Affairs Bureau of Shenzhou Civil Affairs Bureau, Shenzhen Civil Affairs Bureau of Baoan District relief management station, Shandong Qihe County Civil Affairs Bureau, the Civil Affairs Bureau of Yanzhou City, Shaanxi Ankang City Hanbin District Civil Affairs Bureau, Tongchuan Yintai District Civil Affairs Bureau, Chenggu County Civil Affairs Bureau relief management station anonymous relatives v. the traffic accident. And (or) the cases of compensation for personal injury insurance company. Among them, the Civil Affairs Bureau of the prosecution case, both prosecution to procuratorial proposals and to support the recommendations of the Bureau of civil affairs in handling criminal cases of traffic accident, usually in the criminal supplementary civil action in damages for the solution, by the Civil Affairs Bureau hosted. Existing problems: the compensation standards are not uniform, some in accordance with the standards of urban residents, rural residents have according to the standard calculation, gap; some do not pursue the vehicle insurance liability, reduce the capacity of compensation responsibility; compensation management is not uniform, some provisions of their5Years, if5Years later his relatives did not claim, then turn over to the state treasury or for social relief funds, lack of evidence.

The court did not support the Civil Affairs Bureau of the prosecution case: Anhui Zongyang County Civil Affairs Bureau, Shandong Heze City Mudan District Civil Affairs Bureau relief management station anonymous relatives of the party and the insurance company v. traffic accident personal injury compensation cases2Zong. The former is considered the Supreme Court of Anhui province's opinion, then closed the Civil Affairs Bureau anonymous dead claims litigation door. The latter is the Shandong provincial court system was first rejected the Civil Affairs Department of the prosecution, will have a significant impact on Shandong province similar trial. The court held that the plaintiff Zhang, generation based rights should be interest in the case, Civil Affairs Bureau and the anonymous no legal interest, does not have the qualification of plaintiff.

 

Recommended reason] [compensation for anonymous traffic accident in the China law does not clearly defined, who instead of anonymous to sue for damages, is one of the hot issues of civil litigation in recent years.2008Years,2010The Supreme People's Court issued a series of judicial documents do not support the traffic police, civil affairs, the procuratorial organs generation anonymous claims:"The people's Procuratorate or the civil affairs department can not replace the death of close relatives of the victim to file an incidental civil action","In the absence of a clear authorization law, civil affairs departments to the people's court, the people's court shall not accept the. Has been accepted, rejected the prosecution". However, the system is still in the direct representative or the nameless dead adults to support the prosecution way"Public interest litigation"In some places, court did not perform the Supreme Court of judicial documents. Judicial protection of the rights and interests of the nameless dead on the split, and the judgment standard of compensation across the difference, damage the unity and authority of justice. By the state authorities to nameless dead adults with social interests, the Supreme Court shall review the rationality has been the judicial documents.

 

 

8USA, ConocoPhillips (China) Co., Ltd. spilled oil pollution damage compensation cases

 

[case]2011Years6Month4Day, CNOOC and ConocoPhillips developed in cooperation with the Penglai19-3Oilfield oil spills caused by the sea840Square kilometers of inferior to four categories of heavily polluted water area, about3400Square kilometers of sea area decreased by first class water quality for water third, class four, Liaoning, Hebei, Tianjin, Shandong Province farmers suffered heavy losses.8Month16Japan, national ocean bureau Beihai branch that will represent the country about marine ecological damage to the oil spill liability claim procedure. According to the "marine environmental protection law" article ninetieth, the litigation is regarded as the environmental public interest litigation. Although Marine Bureau composed of lawyers, but has not taken action. During the first half of the year, aggrieved farmers compensation litigation, courts often refuse to accept. Until2011At the end of the year, the maritime court that accepts the Tianjin29The cases of compensation for farmers Sue ConocoPhillips, Chinese CNOOC damage. Because the Marine Bureau delayed a month before the disclosure of pollution accidents, a lot of farmers unable to retain the victims and losses of sufficient evidence, the lawsuit claims.

2012Years1Month25DayThe Ministry of Agriculture said, after the administrative mediation, the Ministry of agriculture, CNOOC, Kang Fei company and the provincial government to solve, oil spill accidents fishery damages and compensation, consensus. ConocoPhillips company10Billion yuan, is used to solve the Hebei, some districts and counties of Liaoning province and Bohai aquaculture natural fishery resources damages and compensation. Administrative mediation had not made public, victims and their Representatives failed to participate in the administrative mediation, how to determine the amount of loss and10Billion yuan of the amount of compensation? Compensation to farmers in accordance with the standards and procedures for what? The Ministry of agriculture work questioned by the public opinion.

 

[reasons] that Philippine oil spill is China suffered the most serious oil spill accident, ConocoPhillips to cope with the negative, to shirk responsibility sparked outrage. The State Oceanic Administration or its authorized agency, is a statutory body claim marine ecological loss. The agriculture department or its authorized agencies, natural fishery resource damage caused by oil spill has the right to file a claim of fishery resources. The first half of the year, public interest litigation of marine ecological no progress, fisheries agreement compensation loss of resources of incredulity, litigation affected farmers are not being accepted by the government, the legitimate interests of improper disposal. The oil spill has exposed China's environmental law is not perfect, regulatory enforcement and judicial inactivity of ills.

 

 

 

 

9, Zhao Shaohua v. Guangzhou Shenzhen Zhuhai high speed, not construction service area gas station service failure case

 

[cases] of Guangzhou lawyer Zhao Shaohua drove in the Guangzhou Shenzhen highway because of the way not gas causing the vehicle broke down. Wide deep high speed length122.8Km, but along the way, no service area refueling, refueling vehicle cannot be rescue vehicles towed often happens. Zhao believes that the high-speed road company charges but did not provide qualified service, then filed a lawsuit to high-speed road, return50%Toll charges and Trailer325Yuan, to provide qualified services to all vehicles by charging tolls. Zhao think, No.2Litigation request is the public interest litigation for the interests of the vast number of consumers.2011Years8Month30Day, the Guangzhou City Intermediate Court made the final decision, did not support Zhao Shaohua's claim. The court thinks, the parties have not agreed on Guangzhou Shenzhen Zhuhai companies to provide services to gas station in the establishment of service contract relationship, and the dispute can be used to standardize the Guangzhou Shenzhen highway laws and regulations, national standards, industry standards are not required to be provided service gas station, the Guangzhou Shenzhen Zhuhai companies without refueling contract duty station service. A request for adjustment of the high-speed road tolls charged by request, which belongs to the competent transportation, the price administrative department to perform administrative duties category, does not belong to the scope of mediation in civil litigation, the court would not mediation.

[] the case despite the recommendation reasons losing, but have an indirect result.2011Years3Month, Dongguan Houjie South gas station service area opened for business, over wide deep high speed no comprehensive service area history. In recent years, the case against high-speed toll road and public service, to the plaintiff failed. These cases to let more people see between the high-speed road, high fees and low quality service are not equal, see the lack of high-speed road management regulations in balancing the road operators and users interests. The face of the highway, the rules and regulations lack court handed, the conflicts of interests between operators and consumers, often mechanically applicable laws, violated the principle of fairness blindly shielding operators or the administrative organ to abandon their claims, which should bear legal responsibility, lost to adjust social conflict function.

 

 

 

 

 

 

 

 

 

10, Li Yan v. Ministry of land and resources, the Ministry of education and the Ministry of science and technology of government information disclosure

 

[cases] of Tsinghua University law school graduate Li Yan from2011Years5Month has started to14The situation is in charge of the Department, ministries and commissions for application for public department deputy part-time status, but the Ministry of land and resources, the Ministry of education and the Ministry of science and technology of the reply did not provide for information. Li Yanyu9Month9To the Beijing intermediate people's court sued the Ministry of land and resources, the Ministry of education and the Ministry of science and technology. The court charged the complaint has not been formally accepted. During the period, three ministries in the courts of the communication in succession to Li Yan for the information to be disclosed. In view of administrative litigation purpose has been achieved in the case review period, Li Yan withdrew the prosecution.

 

[reasons] "Regulations on open government information" self2008Years since the implementation of, did not play a supervisory role of government administration according to law. The public want to know the information is often incomplete or the government is unwilling to disclose. No administrative regulations the power of interpretation of the general office of the State Council issued the restrictive interpretation of "Regulations on open government information","The government information administrative organs of the applicant and open my special needs of production, life, scientific research, independent, can not provide". This one government agencies at all levels require the applicant to provide all kinds of proof or refused to disclose the information of the shield. "Regulations" the Supreme People's Court on Several Issues concerning the trial of administrative cases about government information disclosure clear court should hear the government information open cases. However, information public administrative proceedings the government still exist on file, a huge obstacle to the trial. The jurisdiction of the court in this case would communicate in an out of court with the three ministries, is not willing to accept and hear that the citizen's right to know, the judicial environment still need to improve.

 

 

 

 

 

 

 

 

 

 

 

 

11Shenzhen City, Baoan District's Procuratorate v. deep burning oil and gas company environmental pollution responsibility dispute case

 

[introduction] found in the case of Baoan District Environmental Protection Bureau, Shenzhen shenran petroleum gas company without the approval of the environmental protection department, Shiyan supply site will its operating bottled liquefied petroleum gas retail moved to Baoan District Shiyan Reservoir Drinking water source protection area management. Environmental Protection Bureau in accordance with the law on administrative punishment and ordered to immediately stop operation, but the supply station still refuses to suspend and move. In order to safeguard the environmental security, the protection of public interests, the Baoan District procuratorate prosecution, the court ordered the supply station for rock from or close, to eliminate the risk of.2011Years9Month, the Baoan District court conciliation mediation agreement is reached, the defendant admitted supply stations set up for public environmental pollution risks, is committed to in accordance with the procuratorate indictment, stop Shiyan supply station gas sales and the supply station moved away from the water source protection area.

 

[] this is recommended for environmental public interest litigation cases in Shenzhen City, the first prosecution by procuratorial organs, is also the Shenzhen City Court formally accepted the first environmental public interest litigation. Around the procuratorate has been used as a pilot environmental public interest litigation. How to coordinate the relationship between environment law enforcement executive power and the procuratorial power, procuratorial authority to avoid administrative power or laissez faire administrative power is always negative and not as environmental public interest litigation issues. This case reveals a defect of our country's environmental law, environmental protection law"Enterprises and institutions of governance tasks fails to complete by the deadline governance...May be fined in accordance with the consequent damage, or ordered to suspend business, close", but does not provide can cause pollution shall be ordered to suspend business, the risk of enterprises may be shut down. Procuratorate civil lawsuit to make up for the lack of administrative remedies.

 

 

 

 

 

 

 

 

 

 

12Friends of nature, such as v. Luliang Chemical Industry Co. Ltd., chromium slag pollution compensation case

 

[cases] of Qujing Luliang Chemical Co. stacked14Million tons of chromium residue in the Pearl River source of water pollution.2011Years9Month, Beijing City Friends of nature environment research joint Chongqing green volunteers Union and Qujing City Environmental Protection Bureau of civil lawsuit, Qujing City Intermediate People's court in10Month19Hitachi case, has not yet been hearing. The plaintiff6Litigation request, including the cessation of the infringement, eliminating the danger, to the chromium slag environment set up special fund account recovery of damage caused by chromium slag pollution loss1000Million yuan (tentative).

 

Recommended reason] [the case is accepted by the court for the first time civil organizations for environmental public interest litigation plaintiff,Is a historic breakthrough in public interest litigation. Procedure proposed to set up Ecological Restoration Compensation Fund account, used in a common regulatory environment protection organization, the court and the environmental protection agency, for the public interest litigation can claim for compensation in environmental cases, the determination of compensation, compensation management to explore the road, pioneering significance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

13Dongguan City, the car with vehicle toll vote illegal case

 

[introduction] case provisions of Dongguan local vehicle pay annual Luqiao tolls (ticket). Regardless of whether the use of toll roads, car owners to buy votes, votes and the car home, transfer, annual hook. This policy aroused public discontent, the city of about86There are nearly million in motor vehicle registration30Million to pay2010The annual Luqiao annual fee. Shipping company of Jiang Mingliang and Yang Mingming are lawyers filed a lawsuit, questioning the legality of a ticket, ticket and pointed out that the annual hook illegal.

All of Jiang Mingliang's Dongguan Feichi freight company vehicles are pipe so did not buy votes refuse inspection, then sued the Dongguan city traffic police detachment, requesting the Court confirmed the votes in annual and linked to illegal.2011Years5In August, the first Dongguan court verdict against Jiang Mingliang, but also to confirm the payment ticket can not as a precondition for vehicle inspection.6At the end of the month, Dongguan announced the cancellation of votes in annual and hook.

The second day case verdict, Dongguan City Department of transportation to gallop company did not buy votes for, issued "administrative punishment decision book", fine30Million yuan. Jiang Mingliang think,2011Years7Month1On the "road management regulations" and "implementation rules" failure, not to buy votes were punished no basis in law. Sued the Dongguan City Department of transportation of illegal punishment.10Month, the court rejected the prosecution. The court thinks, set up a toll station is a collection of vehicle tolls, the ticket is another kind of form, the fee for vote on motor vehicle traffic of Luqiao Dongguan City area did not pay the annual fee is for escape paying road tolls, should be illegal.

The speeding Transportation Co., litigation lawyer Yang Mingming is also the votes of opponents, also received the City Transportation Bureau of the administrative punishment decision book "". The first Dongguan court has accepted he v. Bureau of transportation administrative litigation, not hearing. He thinks, only to charge tolls passage in the toll road vehicles, not used for less pay, he never passed the toll road, there is no escape payment behavior; their behavior is not"Escape payment"But the exercise of right of refusal.

 

Recommended reason] [votes is also called the loan to build a toll road or Luqiao tolls, has been widely criticized. According to the Circular of the State Council on governance to the motor vehicle charges and rectify the problem of road site, no toll rates to all vehicles and forced to charge. The ticket has tied up fees (tied loan highway and non loan highway) and duplication fees (fuel tax, paid use ordinary highway should not pay) of the suspects, ticket does not distinguish between whether the use of a toll road are charged, in violation of the principle of fairness. Collection of fees, government revenue increase, according to reports, Tianjin a year collecting tolls is as high as14Billion yuan. The country had many of tolls or votes in litigation, to the plaintiff failed. In the ticket cannot be removed, should be open to the public throughout the standard ticket is how to measure the collected each year, how many, how to use, how many votes in relief vehicle etc.. In the face of the huge toll pattern of interests, the court clearly incapable of action.

 

 

 

 

14Zhejiang Province, Pinghu city procuratorate v. Jiaxing Haining Mmonu group5Company environmental pollution infringement case

 

[introduction] case green Jiaxing City Friendship Environmental Services Ltd. Jiaxing Haining Mmonu group, Zhejiang Hongchang Leather Co. Ltd., Zhejiang Volkswagen leather Co Ltd, Haining leather Star Co., Ltd.4Company commissioned by the processing in the tanning process5000Tons of sludge (chromium concentration1.09%), sludge dumping in Pinghu city's ponds, causing serious pollution of drinking water sources. Environmental Protection Bureau to make "administrative punishment decision book" on the green company, ordered deadline for removal of sludge, impose a maximum fine of5Million yuan. But, the administrative punishment can not compensate for environmental pollution caused direct economic loss and pollution treatment costs.2011Years11Month, Pinghu city procuratorate to the identity of the plaintiff to5Company filed a lawsuit, request to order the defendant to compensate for the direct economic losses54.1Million yuan, including sludge venue edge reinforcement of levee fee5.94Million yuan, follow-up treatment sludge site fees23.35Million yuan.12Month, the court mediation to reach a settlement agreement: the direct economic loss of green company payment caused by environmental pollution541373Yuan, litigation fee4607Element.

 

Recommended reason] [the case is the first case in Zhejiang province by the procuratorate filed environmental public interest litigation. The environmental protection law, which causes environment pollution, have the responsibility to eliminate the hazards, and the unit or individual that suffered direct damages. However, the law has not stipulated in the injured subject not specific or when it is difficult to determine, who claim compensation. Pinghu people's Procuratorate to the identity of the plaintiff to represent the damage of public interest litigation filed compensation is a meaningful attempt.

 

 

 

 

 

 

 

 

 

 

 

 

15, Gordon Liu v. southern airline discount ticket cannot endorse back case

 

[cases] of Beijing lawyer Gordon Liu in the southern web site on the order of a round-trip ticket between Beijing and Nanning. She needs to change the return time found in payment, call China Southern to change, and that the discount tickets may not retreat, instead, sign. Gordon Liu had to buy a return ticket, and return the original ticket. China Southern Airlines only returned to the airport construction fees and fuel surcharges amounted to140Yuan, refused to refund the ticket section630Element. China Southern Airlines, airlines have the option in the range of Civil Aviation Bureau within the prescribed independent ticket pricing, which launched special fares has clearly indicate the conditions of use, without any breach of the law. For consultation with China Southern Airlines can not, so Gordon Liu sued for the return ticket630Element.2011Years11Month, Beijing Chaoyang District court rejected Gordon Liu's claim. The court thinks, Gordon Liu to buy a ticket for the special seventy percent off tickets, the low price is a marketing tool to attract passengers enjoy China Southern Airlines, it is the same with the full fare service, China Southern will"Not Gaiqian retirement"As the use of low-priced tickets conditions, is not unfair, unreasonable, also does not violate the law; the plaintiff because of his negligence caused by wrong booking tickets, should bear the consequences of their own. Gordon Liu refuses to accept, has filed an appeal.

12Month14DayA related problem, judicial proposal Chaoyang District court respectively to the Civil Aviation Administration of China Southern Airlines, Chinese discount ticket Gaiqian retirement. Among them, the court suggested that the Civil Aviation Bureau unified aviation company about the guiding document discount tickets, refunds, change the sign rules, China Southern Airlines, retreat, to suggest reasonable deadline to sign discount ticket set, and improve the online booking program prompt way.

 

Recommended reason] [special fares Gaiqian retirement or restrictions shall not endorse back is the industry practice, is an unfair contract terms. Consumer refund belongs to breach of contract, the airlines can charge the appropriate cancellation fee, but the ticket void, obviously increase the consumer's liability for breach of contract. Judicial proposals with good yield positive legal and social effect. For example, the court in Chaoyang District2006Hear the Li Gangsu national anti teeth group illegal certification of a case, although rejected his anti group and the Ministry of health on dental prosecution, but through the judicial proposals to the Ministry of health has revoked the national anti teeth group. But, judicial proposals may also be used to circumvent the trial court effectively, the case according to the law. For example, in some large enterprises, government action, the court should support the plaintiff's claim, still dismissed the plaintiff's prosecution or judgment against the plaintiff, the other on the external judicial proposals to remedy, seemingly also solves a problem, but not provided in the case of judicial justice.

 

 

 

 

 

16Wang Hai and Guangzhou blue moon, false propaganda, Industrial Co. Ltd. defamation case

 

[case]2011Years6Months of occupation, crack down on people in micro-blog Wang Hai accused the blue moon washing liquid containing"Carcinogenic"Fluorescent whitening agent, and the agent in Beijing, Guangzhou buy prosecuted the blue moon, asked to confirm the Lan Yueliang company violated consumer's right to know, or request the recall of products, or claim double compensation.7Month, blue moon to the Whampoa　 District Court Wang Hai reputation infringement, the claim300Million.10Month, Guangzhou Tianhe District court made a judgment on the plaintiff in Ye Maoliang v. blue moon's case, the prosecution dismissed. The court thinks, the blue moon production of light quality white Zengyan washing liquid qualified, marking the outer packaging products, content and no false exaggerated ingredients, fluorescent whitening agent does not belong to the provisions of the product quality law should warning situation, does not exist or is misleading the consumer fraud.12Month, Guangzhou Whampoa　 District People's Court on the blue moon Co. v. Wang Hai defamation case made the first instance judgment, found Wang Hai in micro-blog speech without any scientific results and conclusions support, constitute defamation, ordered to remove micro-blog on the relevance of false statements, print statement of apology, and compensate for the losses10Million yuan. Ye Maoliang and Wang Haijun has filed an appeal.

 

Recommended reason] Wang Hai and [blue moon litigation, triggered a detergent fluorescent whitening agents in security issues, caused public attention to washing product safety standards. Detergent add fluorescent whitening agent is harmful to health is a matter of science, whether the relevant product ingredients logo should be a legal issue. Related appeal, the court of second instance will be how to judge, to be seen. For a long time, people can fake occupation as consumer rights protection in such cases the courts throughout the country, different attitudes. Shanghai court clearly: the operator does not constitute a deliberately buy fake consumer fraud, on"Buy fake","By buying fake"Consumers require the operator"Back pay"Litigation request, the court will not support. Beijing Shijingshan court clearly: fake occupation as for ordinary consumers, a consumer rights in such cases the plaintiff identity. At present, violations of consumer rights occur frequently in various fields, consumers are still vulnerable groups rights of the poor, consumer organizations, administrative supervision, judicial relief high cost. Objectively speaking, occupation fake human existence is a wake-up call to the counterfeiters, purification played a role of certain consumer warning and market.

 

 

 

 

 

17Hunan Bureau of Geology and mineral resources, Liu Yunsu refused to record the color blind civil servant candidates

 

[case] Liu Yun in Hunan Province2010In the civil service exam, enter oneself for an examination the occupation safety management post bureau of Geology and mineral resources of Hunan province. Liu Yun first written examination, interview the comprehensive score of second, ranking first grade to enter the physical link. On physical examination, Liu Yun was diagnosed with a red green color blindness.2011Years12Month, plans to hire staff list publicity, no Liu Yun. Liu Yun telephone inquiry, told because examination detected color blindness, physical examination conclusion unqualified. Liu Yun thinks, the Bureau of Geology and mineral resources safety management positions Zhaolu description does not limit the color blind, "special" in civil service examination standard for color blindness examinee limit is also not including took the job, Provincial Bureau of Geology and mineral resources to the examinee achromatopsia refused to employ color blindness, violated the equal right to employment.2011Years12Month14Day, Yuhua District People's Court of Changsha City, Liu Yun went to,Illegal request judgment Bureau refused to record the color blind students behavior,And make a hiring decision,Compensation for losses5Million yuan. Yuhua District Court has not yet decided whether to put on record.

 

[reasons] this is the first in the civil service examinations for color blindness refused to record an administrative litigation. According to statistics, China currently has about6000Million color blindness, they in school and engaged in chemical, agriculture, arts and other professional greatly restricted. The employment promotion law, engaged in the occupation intermediation with occupation intermediary agencies, employers to employ workers, should provide workers with equal employment opportunities and fair employment conditions, not the implementation of employment discrimination. If you refuse to record the color blindness,Colour blind people's equal right to employment, survival will be greatly infringed.

 

 

 

 

 

 

 

 

 

 

 

18, Lin Lihong v. Shenzhen Customs seized the foreign books purchased by the specific administrative act as illegal case

 

[case] Wuhan University professor Lin Lihong introduction the Huanggang customs entry, customs confiscated their carry "sky burial, the fate of Tibet", "my western" and "Eastern, you The mighty river flows eastward., Memoirs of Situ Hua" three books. Lin Lihong believes that the illegal collection of customs, the three books of Hongkong Special Administrative Region and legitimate legal publishing books sold in the legitimate, open the bookstore to buy their own for reference; reading and study, is the citizen's cultural rights, and bring an administrative lawsuit to the court of Shenzhen.2011Years12Month, the Shenzhen intermediate court made the first instance judgment, the prosecution dismissed. The court thinks, the customs shall decide that the facts clearly, correctly applies the law, legal procedures. Lin Lihong refuses to accept, has filed an appeal.

 

Recommended reason] [this is the first citizens the legitimacy of censorship system long-standing and questioned the rationality. The administrative decision is disclosed, it is a basic principle of modern administrative law. The judge overseas publication according to what standard"Belongs to the political, economic, cultural and China moral harmful print"? Or the Customs has banned books catalog? If the customs have the right to establish banned books and catalogues, it should be prior to the public. Otherwise the entry personnel can not determine what books can entry, the risk of asset loss faced at the time of purchase.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

19Mousu, Yang China Telecom Guangdong Branch junk SMS infringement case

[case] mobile phone users of Mr. Yang because of unbearable junk SMS harassment,Will telecom operators China Telecom Co Guangdong branch to court.2011Years6Month, Yuexiu District court for lack of proof rejected Mr. Yang's claim. Mr. Yang refuses to accept, appeal.2011Years9Month6Day,Guangzhou city intermediate court. The court,Telecom operators said,Received a court summons the plaintiff Mr. Yang on a"The Red List",Notice to all agents must not again to Mr. Yang sales calls, send text messages. Telecom operators in particular on the red list, basic is the province, city level leadership by treatment. Mr. Yang also did not receive similar harassing phone calls and text messages, the case with mediation.

Recommended reason] [mobile phone user troubled, the plaintiff a paper petition to get yourself out of the pain of being harassed, but also to other consumer guide from harassment from the road.2011Year of average weekly half short information users receive spam messages13Article,Rubbish short message of all short information ratio27.3%.The number and proportion of spam messages are showing a rising trend. Telecom"The Red List"The event, the technology already telecom operators shielding rubbish short message, and promote the proliferation of litter message, is the short message industry economic interests chain, let operators breaking source of income, it is not easy."The Red List"The telecom enterprises to ordinary users of the attitude of discrimination, the general consumer's personal information has become a means of profit. Whether the regulatory authorities that operators in the play"Hide and seek"Not determined to governance, governance and no effect leads to? Public interest litigation in this case is not the true sense, failed to produce extensive binding, other consumers to follow, must pay a high cost of litigation. In order to effectively protect the interests of consumers, it is necessary to improve the public interest litigation and representative litigation system.

 

 

 

 

 

 

 

 

20, the China Environment Federation v. Xiuwen County Environmental Protection Bureau of the government information disclosure

[case]2011Years12On the court, Qingzhen City environmental protection the court's acceptance of the China Environment Federation v. Xiuwen County Environmental Protection Bureau does not fulfill the legal duties of disclosure of government information.2011Years10Month, United will bring environmental pollution litigation court to Qingzhen City environmental courts, sued Guizhou a dairy Limited by Share Ltd exceed the standard discharge of industrial wastewater. As the case requires, United will apply to the environmental protection agency Xiuwen County, demanded a public good a company's discharge permit, the number of the sewage outfall and location, type and quantity of discharge of pollutants, the environmental protection departments to determine the pollutant discharge fee standards, by the environmental protection department monitor reflected and punishment, environmental impact assessment document and the approval document,"Three at the same time"Approval documents and other relevant environmental information. The EPA has not reply. Federation and administrative public interest litigation, Xiuwen County Environmental Protection Bureau of public decision related information.2012Years1Month10Japan, after the court sentencing court, procedure, content and form of the plaintiff for information disclosure shall comply with the provisions of the law,Xiuwen County of Guizhou Province Environmental Protection Bureau should be the information to the public.

Recommended reason] [in the case is the first case to apply for public environmental information of the public interest litigation cases. The court in support of the plaintiff's claim, which opened for the maintenance of public interest for environmental information disclosure of the door, to promote administration according to law, safeguard the citizen, legal person and other social organizations to obtain environmental information rights, promoting public participation in environmental protection has the milestone significance.