| The case that the environmental protection authority finds no measures to
be adopted against enterprises who demur the decisions of production stoppage
due to environmental protection reasons will never been any more. One of
Shanghai's people's courts has, upon application by Shanghai Environmental
Protection Bureau, implemented the enforcement to the enterprise who fails to
follow the decision of the administrative punishment of production stoppage for
the first time in Shanghai, and Shanghai Electric Welding Machine Factory has
stopped its production, according to sources from the municipal Environmental
Protection Bureau. Soft enforcement of law on environmental protection is the
long-time hot potato for the environmental protection authority because it has
no power to production order stoppage and system transformation of businesses.
It can only initiate legal proceedings to apply to the court for enforcement.
However, the very court also meets difficulty in enforcing production stoppage
of enterprises in question, which causes that the decision of production
stoppage is of no de facto effects. Shanghai Electric Welding Machine Factory
started his production and discharged sewage to rivers since last May without
due authorization or approval under the condition of no environmental protection
facilities equipped. Shanghai Environmental Protection Bureau had ordered it to
stop production and fines were given according to law on October 20th, 2004. the
plant paid the fines but did not stop production upon receipt of decision for
punishment. As a result, Shanghai Environmental Protection Bureau applied for
enforcement to the People's Court of Changning District according to applicable
provisions of law of administrative proceedings. A few days ago, the Court ruled
out enforcement to the plant to enforce it to stop production on the very
day.
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