SPC releases guiding cases on Yangtze River protection

(english.court.gov.cn)      Updated : 2023-11-23

In order to better guide courts at all levels to accurately enforce the Yangtze River protection law, facilitate translating effective practices in judicial protection of the river basin into rules, and unify the principle and rules in environment and resources-related adjudications, the Supreme People's Court (SPC) released five guiding cases on the protection of the Yangtze River.

Four out of the five cases are public interest litigation cases regarding environmental protection. Case No 212, a criminal and civil public interest litigation case on illegal mining by an individual, clarified the centralized jurisdiction of criminal cases of illegal sand mining across administrative divisions and the rules of compensation for environmental damage. Case No 213, a criminal and civil public interest litigation case on the illegal fishing of aquatic products by individuals, clarified the rules of lenient penalties in such cases if action were taken to restore the ecological environment using scientific breeding methods. Case No 214, a corporate bankruptcy liquidation to restructuring case, clarified the identification rules for community liabilities concerning the treatment of environmental pollution in such cases, where the treatment was regarded as a major consideration in the restructured value of the enterprise. Case No 215, a criminal and civil public interest litigation case concerning environmental pollution by an enterprise, clarified the rules of denying corporate personalities and the joint liability of shareholders in cases of environment-related infringement. Case No 216, a local procuratorate suing the environmental protection bureau at the same level for failure in its duty of environmental protection supervision, clarified the responsibility of administrative departments of ecology and environment in the prevention and control of cross-regional dumping of hazardous waste.