The civil public interest case of the First Branch of Hainan People’s Procuratorate suing Li Xqing and Ye Xqing for ecological damage
The civil public interest case of the First Branch of Hainan People’s Procuratorate suing Li Xqing and Ye Xqing for ecological damage
[Case summary]
From January 2020, defendants Li Xqing and Ye Xqing, without obtaining any administrative permit, hired workers to fell Acacia mangium trees and destroyed two Alsophila spinulosa trees along a road in the jurisdiction of Yingge’ao station, Mt. Limu forest farm, in the National Park of Hainan Tropical Rainforest. They carried away and sold off the felled Acacia mangium trees for a sum of CNY18,450. Investigation showed that the felled woods were under second-class protection category, the forest blongs to provincial public interest forest and shelter forest; the growing stock volume of the felled trees was 171 cubic meters; the two destroyed Alsophila spinulosa trees are large Alsophila spinulosa under national second-class protection; the loss of the felled woods in ecological function was evaluated at CNY74,902.95 per year, and the investment for the remedy of the felled woods was estimated at CNY49,501.8. The costs for the evaluation above was CNY30,000. Li Xqing was sentenced to four years and six months in prison for the crime of illegally felling trees in a separate case. The First Branch of Hainan People’s Procuratorate took civil public interest actions against Li Xqing and Ye Xqing for illegally felling trees and requested Li Xqing and Ye Xqing to bear incidentally the costs of CNY149,805.9 for the loss of the felled woods in ecological function, the remedial costs of CNY49,501.8 for the damaged ecological environment, and the costs of CNY30,000 for investigation and evaluation.
[Verdict]
The First Intermediate People’s Court of Hainan Province held after court hearing that the Li Xqing and Ye Xqing damaged the ecological environment in the forest farm and should bear the civil liabilities accordingly. The court decided that Li Xqing and Ye Xqing bear incidentally the costs of CNY149,805.9 for the loss of the felled woods in ecological function, the remedial costs of CNY49,501.8 for the damaged ecological environment, and the costs of CNY30,000 for the investigation and evaluation of the ecological environment damages. Upon announcement of the judgement, neither party appealed against it, and the judgement of the first instance has taken effect.
[Significance]
Mt. Limu forest as involved in this case lies in the middle of Hainan Island and is an important part in the National Park of Hainan Tropical Rainforest. The defendants felled and destroyed a large quantity of trees in the key protection area of the national park, damaged
the ecological functions and value of the natural forest ecosystem in terms of integrity, biodiversity and soil and water conservation, damaged the ecosystem of the tropical rainforest and harmed the public interest. The people’s court ordering the offenders to compensate the loss in ecological resources increases their costs of offense, deters potential illegal acts, benefits the social atmosphere of protecting the tropical rainforest resources and maintaining a beautiful ecological environment, and passes a message to the public that the people’s courts are determined to crack down upon any acts that jeopardize the ecological environment and to safeguard in a high-quality manner the construction of the national park.
