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福建首例适用生态环境法典案件昨日宣判_我的网站

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一 | From 7 a.m. onward Sunday, ballot boxes in Poland started filling up so fast that spare ones had to be dusted off and more ballots needed to be printed. No one had anticipated such long lines throughout the country.Voting was to end at 9 p.m., but by law, polling stations stayed open to accept all who queued up, and the last one closed at 5 a.m. Monday. Some voters braved the night chill for up to eight hours to cast their vote.This resulted in a record turnout of nearly 74% -- highest voter turnout in Poland since 1919 and even higher than that of the first free elections after the fall of communism in 1989.The high turnout confirmed that millions of Poles agree these parliamentary elections may have been the most decisive in the last three decades. Either they would allow the ruling right-wing populist Law and Justice (PiS) party to extend its eight-year hold on power for another four-year term, or they would opt for the return of a liberal democracy.Late poll figures univocally indicate that opposition parties stand a realistic chance to form Poland's next government.The PiS conservatives currently in power took 36% of the vote, but that doesn't translate into a seat majority in parliament, which would allow it to form a Cabinet. Latest polls show they would have 196 deputies in the 460-seat legislature as opposed to 249 seats won by the broad Civic Coalition of opposition parties led by Donald Tusk, former president of the European Council.Sunday's vote was a confrontation of two radically different visions of Poland's future.Conditioned by PiS propaganda that has continually been exploiting fears, PiS supporters claim only that party can secure Poland's sovereignty and protect its interests. The threat of illegal migrants is perhaps the most unifying emotion binding the PiS electorate.Supporters see PiS as their only protector from the alleged dominance of European Union bureaucrats in Brussels and their meddling in Polish affairs.PiS voters turn a blind eye to the fact that the country began to drift toward authoritarian rule, authorities neglect the EU's legal norms and the country continues on a collision course with the Union. Some €36 billion of EU COVID pandemic recovery funds have been frozen in a row over PiS judicial reforms. Many observers believe another PiS term would result in Poland leaving the European Union.Germany, Poland's by far most important trade partner and neighbor, is presented as another source of fear and the country is made out to be an ally of Russia, Poland's greatest foe throughout centuries. But if it's not the threat of German capital buying out Polish industry, then it's the threat of moral decay.In order to appeal to radical voters who accuse the government of extending excessive welfare to Ukrainian refugees, authorities cynically strained relations with Kyiv.PiS voters declare the fear that if the party loses, the next government would take away the generous social benefits PiS guaranteed, such as 14 pensions, child care payments and early retirement.Those who Sunday voted for parties forming the anti-PiS coalition declare they voted for a Poland securely rooted in the European Union.In radio and TV street interviews, they say they want to see Poland mend its strained relations with neighbors, particularly Germany and Ukraine.They do not want to see the Catholic Church influencing state affairs.Sixty-four percent of those polled declare they're in favor of same-sex marriages, and 70% want the new government to liberalize the current strict anti-abortion law.It is uncertain whether Poland's new government will be prepared to meet the more liberal postulates voters expect. The potential ruling coalition's unifying factor is its pro-democratic, pro-EU, anti-PiS stance. Other than that, they often differ in their proposed policies and outlook. They're a broad coalition composed of parties spanning from the far left to liberal conservative.The Civic Coalition's clear victory makes it the only faction in parliament able to constitute Poland's new government. But first, Polish President Andrzej Duda, a PiS nominee, will need to designate a prime minister. Most likely, against the odds, he will name a PiS candidate. That candidate will have little realistic chance of being approved by parliament, and Poland may be faced with many weeks of squabbling and chaos. Constitutionalists predict it may not be until December that Poland gets its new government.。 AI摘要福建宣判首例适用《生态环境法典》案件。上杭两家混凝土企业因粉尘致果园受损，虽排放达标仍被判连带赔偿28.5万元，彰显生态环境侵权无过错责任原则。东南网8月18日讯（福建日报记者苏依婕通讯员温东英）8月15日，我国第二部以“法典”命名的法律——《中华人民共和国生态环境法典》正式施行。17日，我省首例适用该法典的案件在上杭县宣判，上杭县人民法院依法认定，当地两家混凝土企业持续排放水泥粉尘的行为与周边柚子果园受损存在直接因果关系，判令两家企业连带承担相应生态侵权赔偿责任。

二 | 2011年，老邱在上杭县稔田镇楼岗村租下30亩地种植红心柚，后又引进泰国青柚，靠着这片果园维持全家生计。

三 | 2023年，两家混凝土企业落地楼岗村，甲公司在距离果园50米处建起水泥搅拌生产线，之后与乙公司合伙运营，并对外以乙公司名义生产。自当年5月投产以来，生产线的水泥粉尘持续飘入柚子果园；11月，不少柚子树开始枯萎死亡，老邱遂找企业协商赔偿。次年4月，经稔田镇人民调解委员会调解，乙公司一次性向老邱赔付粉尘污染造成的果园损失3.8万元；5月，企业加装治污设备，但日常生产仍有扬尘，果园受损情况并未好转。由于案件涉及专业问题，承办法官张兴发多次往返果园、厂区实地走访，委托第三方机构鉴定污染因果与财产损失。鉴定机构出具了因果关系认定，评估机构则给出三档损失认定。法院还引入生态技术调查官，开展现场勘验、取样研判。生态技术调查官、农林专家刘德春解释道：“叶片上的白色结块经检测就是水泥粉尘。果园无遮挡区域的果树烂枯，有竹林遮挡的长势完好，粉尘污染和果树受损的因果关系很明确，且与鉴定机构出具的污染因果关系认定相互印证。” 综合考量果树实际受损程度和果园经营现状，刘德春建议，参照当地征地时对果树的补偿标准来计算损失较为公允。审理过程中，企业方认为生产线已通过环评验收、排放检测达标，无需对果园后续损失承担责任。 “即使环评达标、主观无过错，也不能成为免责的理由。”张兴发当庭释明，依据生态环境法典，生态环境侵权适用无过错责任原则和举证责任倒置。