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Recently, the Shanghai Third Intermediate Civil Court Sugar daddy publicly pronounced the first criminal case of interfering with the automatic monitoring system of environmental quality in the city, resulting in the detection data being dropped.
Case Replay
Shen Moumou is the responsible person for the maintenance and operation of environmental monitoring facilities of a third-party company, and provides environmental protection automatic monitoring equipment maintenance services to a Shanghai electric company.
2011
In order to solve the problem of the automatic monitoring equipment data reporting of a certain company’s automatic monitoring equipment for purifying emissions, Shen Moumou designed and installed self-contained water pipes on the automatic monitoring equipment inlet pipes, knowing that he would interfere with the authenticity of the sampling data of the automatic monitoring equipment information system. Sugar daddy
2021
When the relevant equipment reform, he continued to set up his subordinates to distribute and reinstall the water purification emission automatic monitoring equipment and pipeline lines according to the original pipeline layout. During the joint inspection process of the Shanghai Ecological Environment Bureau, the General Team and other units found that the above-mentioned installation behavior caused the induction water pump to start and the automatic monitoring and analysis of the mixed sewage and self-contained water to undergo complex advancement and evolutionary chemical oxygen demand, ammonia nitrogen and total phosphorus of the sampling water pump. Through comparison test and analysis, it was found that the installation of Sugar baby‘s online monitoring data of the automatic monitoring equipment is severely deteriorated, and it cannot accurately reflect the chemical oxygen demand and ammonia nitrogen concentration value of the company’s external sewage discharged.
Court review
Shanghai Third Intermediate Civil Court believes that
The plaintiff Shen Moumou is an environmental monitorThe testing equipment maintenance personnel violated national regulations. Knowing that the environmental monitoring equipment cannot be modified by private operation, they still use the method of adding self-water pipes to the pipes of the automatic monitoring equipment for purifying emissions to interfere with the data collection efficiency of the automatic monitoring system, resulting in severe loss of online monitoring data and unable to accurately reflect outside the pollutant discharge unit. The chemical oxygen demand, ammonia nitrogen concentration value of the discharged sewage, and the true data have been uploaded to the Shanghai Eco-Environmental Purification Source General Management System and other platforms, resulting in the environmental protection department discharging the purified substances of the pollutant discharge unit to the useful monitoring pipe, with serious consequences, and their criminal responsibility should be investigated for damage to the computer information system. The plaintiff Shen Moumou had sentencing conditions for surrendering and confessing the crime. He had a good attitude in court to recognize the crime. Considering the plaintiff’s violation, nature, circumstances and persecution level of society, the court finally sentenced him to two years in prison and two years in prison in accordance with the law.
Judge’s Lecture
Zhu Yi
Shanghai No. 3 Intermediate People’s Court (Environmental Resources Court)
Third-level Senior Judge
The lives and safety of the people in water resources protection are safe and safe, and no one likes “other people’s children”. The child curled his lips and turned around and ran away. A wonderful life environment. In order to protect precious water resources, the country conducts fixed and clean source monitoring of water resources. This is the main basis for precise pollution control, scientific pollution control, and pollution control in accordance with the law. It is the main support for the thorough prevention and control attack. It is an important skill to clearly grasp the situation and pollution discharge trends of pollutants. It is the implementation of precise management of clean sources and supervision of Song Weitong’s pace in accordance with the law. After hesitating for half a minute, he put down his suitcase and looked for the main support he found through sound. It is the main “pillar” of environmental governance.
The “People’s Republic of China Water Purification Prevention and Control Law” stipulates that the discharge of water purification substances should be stopped by abnormal operation of water purification prevention and control facilities and other methods to avoid supervision. The “People’s Republic of China Security Protection Regulations on the Security Protection of Computer Information Systems” stipulates that the safety of computer information systems shall not be persecuted. “If the structure is violated, criminal responsibility shall be investigated in accordance with the law.” It can be seen that the “Law on Water Purification Prevention and Control of the People’s Republic of China” and the “Regulations on Security Protection of Computer Information Systems of the People’s Republic of China” protect the authenticity of monitoring data and the security of computer information systems. The plaintiff in this case often operates through physical wrists, which affects his data collection and persecutes calculations.The safety of the machine information system, its behavior also constitutes the crime of purifying the environment and the crime of destroying the computer information system. The name of the crime of destroying computer information systems seems difficult to connect with environmental purification, but according to Article 11 of the “Answer of Several Issues in the Application Law of the Supreme People’s Court and the Supreme People’s Procuratorate on the Application of Several Regulations on the Persecution of the Persecution of Computer Information Systems”, the computer information system and computing are provided. babyThe system refers to a system with automatic data processing performance, including computers, network equipment, communication equipment, automatic control equipment, etc. Automatic monitoring equipment is the main component of the water purification source monitoring system. As the main indicator of the integrated monitoring of the source, the plaintiff’s behavior formed the monitoring data, and it was impossible to accurately reflect the chemical oxygen demand and ammonia nitrogen concentration values of the sewage discharged from the sewage discharge unit. Therefore, the plaintiff’s behavior damaged the performance of the computer information system, and formed the computer information system that could not reflect the real situation of the visual reaction. According to Article 10, Paragraph 2 of Article 10, Paragraph 2 of the “Announcement of Several Issues in the Applicable Law of the Supreme People’s Court and the Supreme People’s Procuratorate on the Treatment of Environmental Purification Criminal Cases”, in the case of constituting the crime of purifying the environment and destroying the computer information system at the same time, the crime of punishing the crime of purifying the environment and destroying the computer information system will be punished according to the serious regulations. Therefore, the plaintiff’s behavior in this case shall be recognized by the plaintiff. daddy is determined to destroy the computer information system.
In this case, the plaintiff interfered with the long term by installing self-water pipes on the pipes of automatic monitoring equipment for water purification emissions. The data acquisition efficiency of the Escort‘s automatic monitoring system has caused the online monitoring data to be severely de-remembered, and the de-remembered data has been uploaded to the Shanghai Ecological Environment Purification Source Comprehensive Management System Automatic Monitoring Platform and the Ecological Environment Ministry’s Purification Source Monitoring Center Automatic Monitoring Platform. It can be seen that the plaintiff’s long-term interference in the process of making a move not only breaks the authenticity of the inspection data, but also mistakes the environmental decision-making, affects the overall supervision method of the purification source, and enables the environmental protection department to clean up the emission of chemicals from the pollutant discharge units.Drop it into useful supervision. Therefore, the plaintiff’s behavior was so painful that she could not get out of bed that day that the man on the business trip suddenly appeared, which resulted in serious consequences, which was in line with the “severe consequences” stipulated in Article 286 of the Criminal Law.
The Party’s Twenty Years of Reports emphasize that Chinese modernization is the modernization of harmony between man and nature. We must focus on green development, use judicial hard constraints, strictly cure environmental violations and illegal acts, and implement the original intention and mission of judicial p TC:
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