The Supreme People's Court Releases the 38th Batch of Guiding Cases

2023-11-22

The Yangtze River is the mother river of the Chinese nation and an important support for the sustainable development of the Chinese nation. In order to effectively guide the people's courts at all levels to accurately implement the Yangtze River Protection Law of the People's Republic of China, promote the rule transformation of beneficial experience in judicial protection of river basins, and unify the concept and rules of environmental resource adjudication, the Supreme People's Court has recently selected and determined 5 guiding cases for the Yangtze River protection topic. Among the cases released this time, 4 are environmental public interest litigation cases that safeguard social public interests. The Guiding Case No. 212 "Liu Mougui Illegal Mining Criminal Case with Civil Public Interest Litigation" clarifies the centralized jurisdiction and ecological environment damage compensation rules for criminal cases of illegal sand mining across administrative divisions. Guiding Case No. 213, "Criminal Incidental Civil Public Interest Litigation Case for 8 Persons Including Huang, Chen, and others Illegal Fishing of Aquatic Products," clarifies the responsibility of using scientific methods to restore ecological environment through proliferation and release in illegal fishing of aquatic products, as well as the lenient punishment rules for actively repairing ecological environment. Guiding Case No. 214, "Bankruptcy Liquidation to Bankruptcy Reorganization Case of a Certain Port Industrial Co., Ltd. in Shanghai", clarifies the rules for determining the shared debt of environmental pollution governance in bankruptcy reorganization cases, and regards environmental pollution governance as an important consideration factor for realizing the value of reorganization. The Guiding Case No. 215 "Kunming Minmou Paper Industry Co., Ltd. and Other Pollution Environmental Criminal Incidental Civil Public Interest Litigation Cases" clarifies the rules for the denial of corporate personality and joint liability of shareholders in ecological environment infringement cases. The Guiding Case No. 216, "Suining County People's Procuratorate v. Suining County Environmental Protection Bureau for Not Fulfilling Environmental Protection Supervision Responsibilities," clarifies the territorial responsibility rules of the ecological environment administrative department for the prevention and control of cross regional dumping of hazardous waste. (New News Agency)

Edit:Jia Jia    Responsible editor:Zhou Shu

Source:rmfyb.chinacourt.org

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