China targets polluters with judicial action

China's supreme court and procuratorate jointly issued a new judicial explanation Tuesday that imposes harsher punishments on polluters.

The new legal document, which will take effect on Wednesday, confronts difficulties in investigating environmental pollution cases and in convicting polluters, according to a statement issued by the two judicial departments.

With more precise criteria for convictions and sentencing, the document is expected to facilitate the work of judges and tighten punishments for polluters, it said.

The document lists 14 types of activity that will be considered "crimes of impairing the protection of the environment and resources."

For instance, discharging, dumping or treating radioactive waste or waste containing infectious disease pathogens or toxic substances into sources of drinking water and nature reserves will be seen as a crime.

Activities that result in pollution that forces more than 5,000 people to be evacuated or poisons more than 30 people will also be defined as crimes.

Those who pollute near hospitals, schools or large residential areas will be considered serious offenders.

According to the country's Criminal Law, those convicted of such crimes will face a maximum prison term of seven years and be subjected to fines.

Before the judicial explanation, the law had not clearly defined what activities could result in criminal charges, said Hu Yunteng, a senior researcher with the supreme court.

"Now it is clearer and easier for the judge to decide," he said.

The new document also lowers benchmarks for convicting and sentencing, he said.

According to the judicial explanation, a person can be convicted if he or she is responsible for pollution that seriously injures a person. Previously, the pollution would have to result in death in order to convict a person of this crime.

Under the current law, the sentence can only be increased if three or more people die from the pollution. Only one death will be required after the judicial explanation takes effect.

"The new document is stricter, since people can be convicted once they commit the crimes specified, even without proven consequences," Hu said.

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