Xinyi v. Zijin or due to insufficient enforcement of administrative punishments

may be out of concern for the strength of the administrative punishment is difficult to compensate for the loss of Gao Qi Ridge tailings dam failure, Guangdong province Xinyi government sued Zijin Mining two wholly-owned subsidiary, claims 19.5 million yuan. "These 19.5 million are based on the initial statistics of the plaintiff, not the total amount of the loss." The specific evidence will be submitted to the receiving Court within the statutory period. The remaining losses will also be submitted to the Court after the conclusion and determination of the Guangdong provincial Investigation team.　　"Xinyi News Secretary Tong Hongbo yesterday to the" first financial daily "said.　　Zijin Mining Secretary Zheng at the same time also to the reporter made a response, the company has hired a lawyer in Guangdong province to prepare for the matter, the Company believes that the accident is strong rainfall caused by force majeure, rather than tailings reservoir design and engineering quality problems, if the responsibility can only bear no fault liability. But Zheng also said it welcomed the Zijin mining industry for claims by legal means. "The legal process is very good, whether it is our responsibility, how much compensation, the plaintiff needs to testify, we do not quarrel, should be the third party, the court to determine."　　"Claim, administrative fine parallel noteworthy is, compared to the Fujian Provincial Environmental Protection Bureau of the Purple Mountain copper mine wet plant sewage leakage accident of administrative punishment, this time the local government to take the method of compensation rather than administrative fines, and the prosecution is the Guangdong province Xinyi government. In response, Tong Hongbo explained, this is only a civil lawsuit against the initial compensation issue. "We are not yet involved in administrative penalties," he said. "On the administrative penalty, the provincial government has set up a special investigation group for the incident, and they have not come to the conclusion of the matter." After the conclusion, we will have a special department in accordance with the conclusions and laws of the administrative penalties.　　"Tong Hongbo said. "Administrative fines sometimes don't pay much, which may not be enough to compensate for the damage done locally." "Guangdong deputies representative, Guangzhou State Ding law firm director Zhu Lie told our correspondent," but civil action is not the same, resulting in how much loss can be appealed to the court.　　"However, whether it was a 9.5631 million-dollar ticket issued by the Fujian Provincial Environmental Protection Agency (Xinyi) or the 19.5 million claimed by the government, it seems to be a big problem for the purple gold industry, which had a net profit of up to 3.541 billion yuan last year.　　On the question of lesser punishment, Zheng said to our correspondent that 9.5631 million of the fine is the highest standard of punishment within the existing law. "The most important thing is to increase the amount of fines and claims, especially civil claims." For example, you create a major environmental pollution, sewage is a matter of hours, the restoration of the environment is very long.　　Zhu Lie pointed out that the current domestic environmental pollution and other aspects of administrative penalties or compensation is still low.　　The investigation team's conclusion is undecided October 11, Guangdong provincial government secretary general Tanghao in Guangdong Province disaster Relief press conference told this newspaper, the investigation team is still under investigation, and so the investigation will be published results. "This accident, the Guangdong provincial Investigation team, has yet to conclude., we find it a little odd that the Xinyi government brought the lawsuit so soon. "At the same time, we find it strange that there is no data from the investigation team and our side about where the data they claim came from," Zheng said.　　Zheng revealed that before receiving the court notice, Zijin Mining and the Xinyi government did not negotiate the issue of compensation, Xinyi the Government has not submitted specific compensation data. In this respect, Tong Hongbo explained that Xinyi Zijin and Xinyi Bao-Yuan are all owned subsidiary of the Purple gold mining industry. "4 people, such as Wang Hui, who are in Xinyi, have been taken by the law enforcement agencies to help with the investigation on September 25, so their property is in an unattended state," he said. "" In order to properly preserve the property of their enterprises, funds are not lost because of the departure of their personnel, but also to better deal with the issue of follow-up issues to ensure that not because the incident personnel were taken away from the impact of the future enterprise related work, so the municipal people's government in a timely manner to the local　　"Tong Hongbo said. It is reported that the city has been legally seized and frozen the property of the enterprise. Issues such as the use of the amount claimed, the time of the specific session, and whether there will be a court settlement. Tong Hongbo says it is not clear yet.　　Yesterday, when the reporter called Xinyi People's court to inquire about the specific court time, the other side also said the unknown. Zheng pointed out that at present, the responsibility should be identified first, "Guangdong itself is also said to be a Millennium rain disaster, the millennium is a case of force majeure, if the responsibility is no fault liability." "But this reporter found that although the law stipulates that" no fault liability "does not take the perpetrator's subjective fault as the attribution of the elements, at the same time, it also stipulates that the defendant should testify against the exemption, and put the burden of proof upside down, that is, Zijin mining must prove its" no fault ", not the Xinyi government.