Criminal Liability for Spreading Toxic Substances: the Magic Solution for Environmental Protection?
[English translation - for Chinese original see “投毒罪”能否拯救环境污染治理？—有感于我国首次以投毒罪判处环境污染者]
The February 20th water pollution incident in Yancheng, a city in Jiangsu Province, is still fresh in our memory. Back then, the Biaoxing Chemical Company had emitted large quantities of carbolic acid-contaminated wastewater into the Wuzhi River for more than three months; Hu Wenbiao, Biaoxing’s chairman, and Ding Yuesheng, the factory director, were fully aware that their company was violating the law by releasing the highly toxic wastewater. The pollutants eventually reached the water intakes of two water plants, subsequently affecting the drinking water of 200,000 residents who experienced a water shutdown lasting nearly three days.
On August 14th, the People’s Court of Yandu District in Yancheng sentenced Chairman Hu to ten years in prison for spreading toxic and hazardous substances. Factoring in several other minor charges and convictions, Hu received a total of eleven years in prison. The court convicted Ding Yuesheng as an accomplice, sentencing him to six years in prison. These two sentences mark the first instance in China where individuals have been sentenced to prison for the crime of spreading toxic and hazardous substances resulting in a major environmental pollution incident.
The two sentences are a departure from previous instances where individuals have been charged with criminal liability for environmental pollution. Previously, suspects were charged with criminal liability for the crime of causing a major environmental incident but not for the release of toxic and hazardous substances. Yet under China’s Criminal Law, the maximum sentence for major environmental pollution with serious consequences is seven years, while the maximum sentence for releasing toxic and hazardous substances is ten years. Chinese legal scholars and the news media therefore believe that the central reason behind the Yandu Court’s use of different charges for criminal liability is because the crime of spreading toxic and hazardous substances carries a longer prison term. Such a case is a sign of the emerging tougher stance in China against environmental pollution.
Putting aside the criminal theory discussion of whether the different charges are appropriate, we believe this is at least a good sign that punishment is increasing against serious environmental pollution incidents; the heavier punishment no doubt demonstrates the government’s determination to warn polluters.
However, many questions remain. Is this new approach the only or best option available? Are the existing environmental laws well enforced? How many other judicial bodies have cited the Yandu approach? And how many people have escaped such charges and received less punishment than they deserve? A glance in the Chinese news reveals unaddressed cases: one company official responsible for the lead poisoning of 2000 children in Wei Country, Gansu Province in 2006 still retains his management position.
Taking a step back, even if these major incidents had been subject to their due criminal punishments, should we have to turn to environmental law only when life losses or national and individual property losses have already occurred? Routine, universal, and consistent compliance and enforcement of environmental law is the key solution to China’s environmental problems. It is evident that China still has a long way to go: utilizing the criminal charge of spreading toxic and hazardous substances will not be our only solution.
Related Links:
“Chemical Company Boss Appeals 11-year Sentence for Environmental Crimes,” CRI English
“A New Era of Environmental Crimes in China?” China Environmental Law Blog
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