Whitepaper of Hainan Courts for Environmental Resource Trials 

(2017-2019) 

Preface 

Ecologic civilization construction is a millennial strategy related to the sustainable development of the Chinese nation, our people's well-being and our nation's future. At the strategic height of the overall arrangement of "Five in One" for the cause of socialism with Chinese characteristics, the CPC Central Committee, centering on Xi Jinping, has made a series of top-level design, decisions and institutional arrangements for ecological civilization construction. The Fourth Plenary Session of the 19th Central Committee of CPC also incorporates the upholding and improvement of the ecological civilization system and promotion of the harmonious coexistence of man and nature into the cause of improving the socialist system with Chinese characteristics and promoting the modernization of the national governance system and governance capabilities as a key part. 

Under the correct leadership and vigorous support of the Supreme People's Court, CPC Hainan Provincial Committee and the People's Government of Hainan Province, Hainan courts embrace the concept of "Hainan implementing the National Strategy, Contribution to Hainan Development", accurately seize the opportunity of Free Trade Port and the strategic positioning of National Ecologic Civilization Pilot, and adhere to the most strict juridical protection of environmental resources. The whole province's significant achievements in environmental resource trial have been affirmed by the Deputy President Jiang Bixin of the Supreme Court and the Deputy Secretary Li Jun of the CPC Hainan Provincial Committee. By the effective means of further promoting the reform of environmental resource trial, Hainan courts have established firmly the new concept of environmental resource justice, continuously made innovation in the trial work mechanism and explored the Hainan characteristics of environmental resource trial, so as to elaborately improve the system and capacity modernization level of  judicial governance of environmental resources of Hainan courts, and set up a "Hainan model of environmental resource justice". That "further promote the reform of environmental resource trial and innovatively promote the construction of a long-term mechanism of ecological environment repair justice" has been incorporated into the resolution adopted on the Second Plenary Session of the 7th CPC Hainan Provincial Committee while the "Circuit Trial of Environmental Resources by Hainan Courts for Overall Layout" is selected as a main innovative achievement of China (Hainan) Free Trade Pilot. During the "Lucid Waters and Lush Mountains Are Invaluable Assets" Exhibition of the People's Court's Achievements in Environmental Resource Trial held by the Supreme Court in 2017, the successful experience and innovative initiatives of Hainan courts in environmental resource trial reform were displayed and recommended as outstanding achievements of local courts in environmental resource trial throughout the past years. 

I. Overall situation of environmental resource trials of Hainan courts 

Since 2017, Hainan courts have been thoroughly implementing the ecologic civilization thought of Xi Jinping, establishing firm modern environment justice concepts, enhancing institutional construction and pattern exploration, and practically discharging its duties of trial in strict accordance with the construction requirements of Hainan National Ecologic Civilization Pilot to provide a solid judicial safeguard for the construction of beautiful Hainan. 

(I) Serious measures were taken to fulfill the first mission of law enforcement and case processing, and a number of environmental and resource cases were heard in accordance with the law 

1. Basic information of various environmental resource cases heard by courts in the whole province 

Since 2017, the courts in the province have accepted and heard 5,249 criminal, civil and administrative cases related to environmental resources. 

(1) Severely crack down on criminal crimes of environmental resources according to law, fully leverage its duty of criminal justice of environmental resources, and safeguard the safety of natural resources and ecological environment according to law. The courts in the province have heard 2,257 criminal cases of environmental resources. Basic information of first instance trial of various criminal cases of environmental resources by courts in the province: 

 Criminals who mined against law were punished and 102 illegal mining cases, including illegal sand dredging, were heard according to law to actively cooperate with the provincial special operation of severely cracking down illegal sand dredging. In 2019, Hainan courts separately heard 2 cases of illegal mining, in which, the defendants caused total economic loss of RMB 400 million to the nation due to illegal mining. 

 Criminals who were punished, 605 cases of excessive cutting and 151 cases of unauthorized cutting were heard.  During case trial, judicial officers were dispatched to residential areas in forests for in-situ trial, so as to educate and warn the mass, improve their awareness of forest protection according to law and practically protect forest resources and ecological environment in forest. 

 Criminals who occupied farmland without authorization were punished and 96 cases of illegal farmland occupation were heard to practically protect the national land resources, actively cooperate with the province to implement the consolidation of various regulations and make sure the compliance with the red lines of special basic farmlands of agricultural lands. 

④ Criminals who illegally hunt rare and endangered wild animals and plants subject to national key protection were punished and 215 cases involving rare and endangered wild animals and plants subject to national key protection were heard according to law. Rare and endangered animal and plant resources unique to Hainan, such as dalbergia odorifera and hopea hainanensis were strictly protected while criminals who illegally hunted, transported and bought rare and endangered wild animals and their products, such as red deer, Ptyas mucosus and macaque were strictly punished to effectively protect the diversity of species in Hainan. 

⑤ Criminals who illegally discharged toxic and harmful substances to pollute environment were punished and 15 cases of environmental pollution were heard in accordance with law to safeguard the health and interests of the mass and the environment. On Dec. 17, 2015, the People's Court of Longhua District, Haikou City held an open trial against the first environmental pollution case of our province, in which, Peng X was suspected of polluting environment. On Nov. 17, 2019, the Intermediate People's Court of Haikou City held an open trial against a case in which 40 defendants, including Liang X and Liao X, were suspected of disassembling and smelting storage batteries to produce waste residue and flue ash to pollute environment. The case created a historical record in the province's environmental resource criminal cases in respect of the most defendants. 

⑥ Criminals who illegally caught aquatic products were punished and 46 cases of illegal aquatic product catching were heard according to law. Criminal acts of fishing with electricity, explosives or small-mesh nets as well as fishing during closed time or in closed seas were severely controlled to promote the reproduction and sustainable utilization of marine aquatic products. 

⑦ Criminals who illegally collected Tridacan sp, an endangered marine species in Sansha area of South China Sea, were punished and 3 cases of illegal collection of Tridacan sp committed by 8 persons including Fu X were heard and closed by the two-level courts of Sansha under the instructions of the provincial supreme court in 2018. The cases were identified as the 1st criminal case of illegal collection of Tridacan sp in Sansha area of South China Sea. Its trial and close strictly cracked down criminal acts of making profits from illegal collection of Tridacan sp and demonstrated our judicial sovereignty over the Sansha area of the South China Sea. During case trial, attention was paid to investigation, visit and propaganda, and post-trial explanation to address both punishment and prevention, alerting and education. In March 2019, the Provincial High People’s Court issued the Provisions on Several Questions Concerning Marine Cases in cooperation with Hainan Provincial People's Procuratorate and Hainan Coast Guard, which consummated the provincial procedures and mechanisms for the connection and cooperation of authorities responsible for marine criminal acts and further enhanced the juridical protection efforts of marine environment. 

(2) Adhere to the principle of liability for damage and protect the civil interests of environmental resources. Courts in the province have heard 1,906 civil cases of environmental resources. In the principle of liability for damage and full compensation, those who pollute environment, damage ecologic and natural resources are investigated for civil responsibilities, so as to promote the improvement of ecological environment, rational development and utilization of natural resources. In addition to the persistence in the green principles established in the general provisions of the civil law, ecologic benefits are placed at the first position, and efforts are made to achieve the rational protection and orderly utilization of land resources, marine resources and forest resources, so as to deal with various civil disputes over environmental resources under the new trends of consolidation of various regulations and reform of agricultural reclamation. 25 cases of compensation for damage due to environmental pollution of air, water and soil were heard to improve the overall environmental quality of the whole province. 415 cases of disputes over the land use rights and contracting of agriculture, forestry, fishery and husbandry were heard, and the concept of protection first was established to promote the consistency between resources development and utilization and environmental protection. 782 cases of disputes over engineering contracts were heard to safeguard the healthy development of private economy and construction industry according to law and powerfully protect engineering construction. The "Three Simultaneous System" was implemented under supervision while the strict implementation of EIA systems was promoted. 

(3) Pay equal attention to supervision and support, and motivate the public and the government to abide by law. Courts in the province heard 1,086 administrative cases of environmental resources. The courts also supported and supervised administrative agencies to fulfill duties according to law, effectively prevent and control pollution, strictly keep to the evidence standards and fully consider the heavy workload of adjustments in state land resource planning under the context of consolidation of various regulations. Field survey was emphasized and the process of evidence presentation and questioning was strictly implemented to improve the evidence awareness and evidence presentation ability of administrative agencies when dealing with administrative affairs. When hearing the Case of Hainan Sangde Water Co., Ltd. vs Danzhou Bureau of Ecological and Environmental Protection, Hainan Province for dispute over administrative penalty of environmental protection, the Provincial Second Intermediate People's Court explicitly stipulated that a monitoring report shall not be separately considered as the main evidence of the punished party's illegal environmental acts if the legality of the sampling procedures can't be proved. The case was selected as the "Top 10 Typical Cases of the People's Court on Environmental Resources" by the Supreme Court. The administrative case of a company vs the Environmental Resources Bureau of Wenchang City for water source protection supported the punishment imposed by administrative agencies for illegal discharge according to law, and protected the ecological environment of the water source and drinking water safety of residents. Learning from the case of a Sanya company vs Sanya Marine and Fishery Bureau for administrative punishment, the government shall support the construction of major projects in Hainan while fulfilling its duties of environmental supervision and management, and properly deal with the relationship between development and protection. The case of a company vs the Environmental Resources Bureau of Meilan District, Haikou City for administrative punishment demonstrated the governmental supports to administrative agencies of environmental protection in punishing those who disposed of kitchen waste against law, and powerfully protected the wetland environment of mangrove forest. The Provincial High People’s Court carried out a special investigation of wetland protection of mangrove forest and issued the report of Research on the Judicial Protection Questions of Wetlands in Hainan. 

(4) Guide and orderly promote the trial of environmental public interest actions. Courts in the province have heard 35 lawsuit cases for environmental public interest, and guided the public to be engaged in ecological environmental protection according to law as a supplement to the insufficient administrative law enforcement means. All closed cases support indictment. 

Greatly advance the lawsuits of environmental public interest initiated by procuratorial organs, enhance communication and coordination, and make innovation to and improve the work modes within the framework of law. Courts of the province have heard 32 lawsuits of environmental public interest initiated by procuratorial organs. After the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Lawsuit Cases of Procuratorial Public Interest was issued, the Provincial High People’s Court held several consultations with the Provincial Procuratorate on specific issues related to how to promote environmental public interest lawsuit, and reached a number of consensuses. In recent years, procuratorial public interest lawsuits accounted for the majority of the lawsuit cases of environmental public interest heard by courts in the province. These were civil, administrative or criminal cases with civil public interest lawsuits, and related to mangrove forest ecology, water source ecology, mineral resources and wild fauna and flora resources, etc. During case trial, the courts cooperated with the procuratorial organs and fully played a professional role, and supported reasonable and legal claims from procuratorial organs, which fully demonstrated the juridical organs' zero tolerance of environmental pollution and damage. 

Establish channels for social organizations to initiate public interest lawsuits and set up corresponding lawsuit supporting mechanisms. 3 environmental civil public interest lawsuit cases initiated by social organizations were accepted. The Hainan Provincial High People's Court and the Hainan Provincial Department of Finance jointly issued the Interim Measures for the Management of Provincial Environmental Public Interest Lawsuit Funds in Hainan Province as the first code passed by the provincial court to provide local fiscal support for environmental public interest lawsuits. The initiative of governmental fiscal support for public interest lawsuits is also an early innovative attempt across the country. In December 2018, the Intermediate People's Court of Haikou City closed the civil public interest lawsuit case of China Biodiversity Conservation and Green Development Foundation and Putian Lvmeng Coastal Wetland Research Center vs Hainan Mangrove Tourism Co., Ltd. for environment by mediation. In an appropriate manner, the court solved the problem of illegal setup of plank roads in the Dongzhaigang Mangrove Forest Natural Reserve, a key wetland in our province, and achieved good ecologic and social effects, and affirmation from the leaders of the Environmental Resources Tribunal of the Supreme Court. 

Actively promote the trial of lawsuit cases related to marine environment public interest and maintain the marine ecological environment. As a province with the largest sea area in China, Hainan shoulders the weighty responsibility of safeguarding the natural ecological environment of blue sea. Therefore, the courts in the province attach great importance to the trial of lawsuit cases of marine environment public interest. In January 2019, the administrative public interest lawsuit case of Wenchang City People's Procuratorate vs Wenchang Agriculture and Rural Affairs Bureau for marine environment heard by Haikou Maritime Court, as the first administrative public interest lawsuit case of marine environment in the province, achieved the effects of urging the related administrative organs to strictly discharge their duties of supervising and managing illegal netting and enhanced the efforts against illegal netting and fishing. In this way, the growth of juvenile fish and the marine ecological environment can be effectively protected. 

2. Characteristics of environmental resource case trial in the province 

(1) The total number of environmental resource cases is rising steadily. The number of environmental resource cases heard was 1,323 in 2017, 1,912 in 2018, and 2,014 in 2019, an increase of 44.52% (589) and 6.28% (102) on a yearly basis. The steady growth of total number of environmental resource cases suggests that the judicial organs are making increasing efforts in law enforcement related to environmental resources, especially after the environmental protection supervision and inspection by the Central Government, when the courts in the province heard a large number of environmental resource cases based on questions. The annual number of environmental resource cases accepted is also significantly improved, demonstrating our obvious achievements in the reform of environmental resource trial and the increasingly remarkable effects of environmental resource trial functions. The effects of environmental resource trial integrating criminal, civil and administrative lawsuits of environmental resources have become more obvious. 

(2) Criminal environmental resource cases account for a significant proportion. The criminal cases of environmental resource heard by the courts in the province from January 2017 to 2019 totaled up to 2,257, accounting for 43% of the total cases in the same period, while civil and administrative cases of environmental resource heard by the courts in the province were 1,906 and 1,086, accounting for 36.31% and 20.69% of the total cases in the same period. The high proportion of criminal cases suggests that courts in the province always maintain a high pressure policy against criminal cases of environmental resources so as to safeguard the lucid waters and lush mountains with the strictest judicial means. While punishing criminals strictly to the extent of law, courts in the province also actively cooperate with CPC provincial committee and provincial government in special operations to address illegal sand dredging, sinister gangs and black deeds, heavily and strictly cracking down various environmental resource criminals. 

(3) Environmental resource cases in core ecological areas account for a significant proportion. In the environmental resource cases heard by the courts in the province from 2017 to 2019, cases heard by the Provincial First Intermediate People's Court and the Provincial Second Intermediate People's Court were the most, i.e., 1,186 and 1,105 respectively, accounting for a proportion of 43.65% in the total environmental resource cases of the province. The jurisdiction of the two courts covers the majority of the core ecologic areas in the province as well as the 4 national natural reserves and the Wanquan River (the 2nd largest river in Hainan), where natural and ecologic resources such as forests, plants and wild animals are abundant. In recent years, provincial efforts to protect the environmental resources in the core ecologic areas are increasing. However, the legal consciousness is weak in some forests and mountain areas, leading to frequent criminal cases of environment damage in local areas. As a result, the pressure of law enforcement and jurisdiction over environmental resources is still heavy. 

(4) Cases involving forests and minerals account for a relatively large proportion in criminal cases.  From January 2017 to 2019, 1,287 criminal cases of environmental resources heard throughout the province were of first instance, and the most serious three cases were distributed as follows: 605 cases of deforestation, accounting for 47.01% of various criminal cases of environmental resources; 151 cases of illegal felling, accounting for 11.73% of various criminal cases of environmental resources, and 102 cases of illegal mining, accounting for 7.93% of various criminal cases of environmental resources. Cases of the three categories accounted for 66.67% of the total criminal cases of environmental resources. As a major forestry province with abundant forest resources, Hainan is challenged by the high incidence of various criminal cases involving forests, like unlicensed felling and tree felling for sales, forest destroy and wasteland reclamation to plant commercial crops.  Meanwhile, agencies responsible for natural resources and environment are unprecedentedly serious with sand dredging management, and have designed special operations to crack down illegal sand dredging. In the light of the huge market demand of mineral resources like sand, criminals intend to make extravagant profits from illegal mining, including illegal sand dredging. Driven by the high profits, illegal mining cases are often reported in the watershed of Nandu River, some offshore sea and some mountainous areas with abundant mineral resources. 

(II) Deepen the reform of environmental resource trial, and enhance the innovation of environmental resource trial system and mechanism 

Environmental resource trial changes with the times. By the means of reform of environmental resource trial, the Provincial High People’s Court actively explores and boldly innovates for increasingly sound trial systems and mechanism.  

1. Explore the possibility of upgraded and concentrated jurisdiction of environmental resource cases across watersheds and areas. According to the natural directions of rivers and distribution of natural reserves, environmental resource cases in the 5 watersheds and 4 natural reserves of Hainan area subject to cross-region upgraded and concentrated jurisdiction as an innovation. The local intermediate people's court in charge of the river estuary shall take charge of the upgraded and concentrated jurisdiction of all environmental resource cases across regions in the watersheds regardless of the administrative region. This innovative initiative effectively avoids the problem of segmented, fragmented and apparent governance of environmental pollution across regions. The right of jurisdiction is set up scientifically according to the natural attributes of the ecologic system and the characteristics of each region, which effectively solves the problem of separating administrative power disposition from ecological systems, and difficulties in solving pollutions across administrative regions. 

2. Circuit trial of environmental resource cases covers the entire territory of Hainan. Based on the regional characteristics of ecologic protection throughout the entire province, courts in Hainan specially set up a circuit trial organ in core ecologic protection areas such as natural reserves and major rivers. So far, there are 14 environmental resource tribunals and circuit courts in the province. The 7 environmental resource tribunals are Provincial High Court, Provincial First Intermediate People's Court, Provincial Second Intermediate People's Court, Haikou Intermediate People's Court, Sanya Intermediate People's Court, Haikou Qiongshan Court and Lingshui Court. The 6 circuit courts of environmental resources are located respectively in the 4 natural reserves of Yingge Ridge, Bawang Ridge, Jianfeng Ridge and Diaoluo Mountain, Wanquan River and Sanya Yucai Ecologic Zone. The last one is Sansha Islands Court, a marine circuit court of environmental resources. The juridical protection of environmental resources provided by courts in the province has efficiently extended to lands, forests, seas, islands and reefs within the jurisdiction of Hainan, forming a universal layout of circuit trial, upgraded and concentrated management of environmental resources in Hainan. "Universal Layout of Circuit Trial of Environmental Resources by Courts in Hainan" has been selected as an important innovation achievement of China (Hainan) Free Trade Pilot" by the Office of the Commission for Deepening Overall Reform, CPC Provincial Committee. Cases heard by all circuit courts of environmental resources totaled up to 51, including 12 by Yingge Ridge Circuit Court of Environmental Resources, 14 by Bawang Ridge Circuit Court of Environmental Resources, 7 by Jianfeng Ridge Circuit Court of Environmental Resources, 2 by Sanya Yucai Ecologic Zone Circuit Court of Environmental Resources, 6 by Wanquan River Circuit Court of Environmental Resources, 6 by Diaoluo Mountain Circuit Court of Environmental Resources, and 4 by Sansha Marine Circuit Court. Since the implementation of circuit trial of environmental resources, courts in Hainan have equipped each circuit court with circuit trial buses and ships as well as mobile trial equipment to hear or mediate cases in places where disputes or criminal cases of environmental resources take place. Such an operation significantly reduces the fatigue the parties involved suffer, makes it easier for the public in remote mountain areas to file a suit, and solves disputes of environmental resources on an in-situ basis, avoiding trial by default as some parties involved are impeded to show up by traffic. It is also advantageous to cause the parties involved to stay proceedings, comply with and implement judgment, timely removes various legal disputes over environmental resources, and promotes the harmony and stabilization of the grass-root society. 

3. Realize the "Three in One" centralized trial of various environmental resource cases heard by courts in the whole province. The Leading Party Group of the Provincial High People's Court places a high premium on the construction, provision and enhancement of a trial team of environmental resources, and is making efforts to build a dedicated team and an expert-type judge team of environmental resource cases. In the reform of environmental resource trial, efforts are made to actively explore the pattern innovation of environmental resource trial. Courts with an environmental resource tribunal in the province have achieved the centralized trial of the three major categories of civil, criminal and administrative cases. Each environmental resource tribunal is staffed with judges professional in civil, administrative and criminal cases, and some even have experience in execution. The knowledge structure of environmental resource trial teams throughout the entire province is optimized continuously and their professional capacities are improved significantly while the configuration of judicial officials from different professional backgrounds is increasingly scientific. A pattern in which an environmental resource judge undertakes multiple functions has formed. The level of specialization of environmental resource trial is remarkably improved. The aggregation effects of environmental resource trial are fully leveraged. The "Three in One" (criminal, civil and administrative) juridical protection of environmental resources in a three-dimensional manner is increasingly emerging, the judgment scales of environmental resource trial are further unified and the environmental resource trial functions are sufficiently put to good use. 

4. Innovatively carry out restorative justice of environmental resources. Courts in Hainan innovatively adopt the judgment mode of restorative justice, by which, the defendants are order to plant trees in situ or ex situ, restore the land to its original status, and improve the polluted rivers, etc. while being imposed of penalty, so as to achieve the environmental resource trial's judicial purpose of restoring ecology. There are 255 criminal cases involving 287 defendants in our province applying probation and restorative justice. The defendants were ordered to plant 190,882 trees to restore the ecology. According to the row spacing of 3*5m for afforestation, namely, 44 trees per mu (a high density), the cultivated area is suggested to be 4,338.23mu. They were also ordered to free 1,387,768 fries of fish, shrimp and crustacea in the form of reproduction and release. After judgment, courts in the province actively contacted the ecological environment protection department, the forestry department, the water department and the scientific research institutes to measure and evaluate the restoration obligations fulfilled by the defendants in terms of quantity, quality and effects, to track and urge the defendants to comprehensively and sufficiently discharge the ecologic restoration obligation in the judgment throughout the entire process, so as to make sure that the environmental restoration achieves practical effects, and form an integrated closed loop of "damage-sentence-restoration-supervision". 

5. Enhance the construction of a linkage mechanism and promote the diversified and shared governance for environmental resource protection.  

(1) Establish a coordination and linkage mechanism. In 2017, the Provincial High People's Court took the lead in uniting the Provincial People's Procuratorate and 16 departments with environmental resource supervision and management functions to establish the Hainan Judicial Coordination and Linkage Mechanism of Environmental Resource Law Enforcement, and convened the Hainan Environmental Resource Law Enforcement Judicial Joint Conference. 

(2) Improve the standardization of the linkage system. Given the new trend of law enforcement justice for environmental resources, related departments are joined to issue the Supplemental Opinions of Criminal and Judicial Protection of Environmental Resources (Trial) and the Notice on Issues Relating to Handling Maritime Cases, by which, the accomplishments of courts in the province and each related department in law enforcement and justice of environmental resources have been improved, the concepts of law enforcement and justice of environmental resources are further unified, and the level of specialization of diversified and shared governance of environmental resources is significantly heightened. 

(3) Special operations in consistent pace, and in-depth discussion of difficult cases. Subject to the unified arrangement of the CPC Provincial Committee, courts in the province have been actively working to guarantee the overall situation, and kept consistent pace and fully coordinated and linked with departments such as public security, procuratorate, environmental protection, forestry, marine, water and coast guard in major special operations of "Implementing the Important Speech by General Secretary Xi and the No. 12 Document of the Central Government", "Construction of National Ecologic Civilization Pilot", "Central Environmental Supervision", "Sweep Sinister Gangs and Eliminate Black Deeds", "Six Special Rectification Actions of Ecological Environment" and "Seriously Crack Down Illegal Sand Dredging", which achieves the unification of legal, political and social effects of trial of environmental resource cases. Since 2017, the courts in the province have arranged over 20 professional meetings with various environmental resources supervision and management functions as well as forest public security, coast guard and procuratorial organs on questions such as conviction and sentencing of a case of illegally hunting rare and endangered wild animals in the sea area of the province, if hunting artificially bred animals constitutes illegal hunting of rare and endangered wild animals, and environmental public interest lawsuits initiated by procuratorial organs, and a number of consensuses have been reached.  

(4) Strengthen judicial suggestions. With persistence in discovering problems and researching countermeasures in the trial of environmental resources, 15 judicial suggestions of environmental resources have been proposed to governments at all levels of the province.  Judicial suggestions related to professional questions such as recovery and utilization of state-owned land, governance of coastal zones, environmental protection of water sources, ecologic protection of mangrove forest wetlands and cracking down illegal fishing during closed period were put forward in succession, and generally adopted and relied on to make timely corrections decide active and effective measures by related departments.  

(III) Accelerate the construction of environmental resource trial specialization, and enhance organizational and talent guarantee 

1. Promote the construction of dedicated trial organs. The setup of special agencies is the core to achieve the specialization of environmental resource trial. In July 2010, the Environmental Protection Tribunal (later renamed as Environmental Resources Tribunal) of Hainan Provincial High People's Court was set up as the 1st environmental resource tribunal of provincial high people's court in China. By this chance, the construction of a special trial system is promoted based on demands and in steps according to local conditions. Up to now, a total of 7 courts in the province have established environmental resource tribunals. The Maritime Tribunal of Haikou Maritime Court performs its environmental resource trial duties within its jurisdiction. 7 circuit courts of environmental resource and maritime circuit courts, and 1 collegiate panel of environmental resources are also set up.  

2. Enhance the construction of professional teams.  As required the work, the courts have been adjusting and introducing new employees, and training professional trial teams of environmental resources adapting to the demands of centralized trial mode.  At present, there are 97 employees (including contract-based employees) working in the environmental resource trial departments of courts in the province, including 39 judges, 28 judge assistants, 29 clerks and 1 bailiff. Employees with an educational background at or above Master Degree Candidate total up to 32 (including on-duty degree), accounting for 32.99% of the total number. Employees graduating from universities amount 59 and account for 67.01% of the total number. Most of the police officers graduate from key national universities like Peking University, Renmin University of China, China University of Political Science and Law, and East China University of Political Science and Law, etc.  

3. Promote the systematic construction of environmental resource trial systems. Institutional innovation and systematization construction are taken as the breakthrough point of environmental resource trial to keep on exploring and improving the case trial mechanism, and promote the level of specialization of environmental resource trial in the general, providing systematical and standardized guidelines for the environmental resource justice throughout the entire province. Since 2017, 9 dedicated systems of environmental resource justice have been formulated independently by or under the leadership of the Provincial High People's Court, and in 2019, the 3 standardized documents were Opinions on Comprehensively Strengthening the Trial of Environmental Resources in the New Era to Serve the Construction of Ecological Civilization, Guiding Opinions on Strengthening the Judicial Protection of Marine Ecological Environment in Hainan, and Notice on Issues Relating to Handling Maritime Cases, of which, the last one is the first special system developed to enhance the judicial protection of marine environment and resources in China.  

4. Establish an expert think tank of environmental resource justice.  In response to the highly professional characteristics of environmental resource cases, the Provincial High People's Court, in conjunction with the Provincial Department of Justice, the Provincial Department of Environmental Protection and other departments, took the lead in establishing a unified environmental resource appraisal institution, a list of appraisers and the Hainan Provincial Environmental Resource Expert Pool, which includes 298 experts active in 9 fields, i.e., pollutant identification, surface water, atmosphere, groundwater, soil, ocean and coastal zone, and ecosystem. Professional technical support is offered for environmental resource trials by inviting experts to appear in court, serving as people's jurors, participating in case mediation, implementing return visits and supervision as well as training, etc. so as to improve the professional accomplishments of environmental resource trial teams in the province.  

(IV) Intensify propaganda and promote the social public's awareness of environmental resource protection 

According the requirement of "assigning law enforcement officers with the responsibility of law popularization", courts in Hainan have solidly carried out law popularization activities of environmental resources. Since 2017, over 20 press conferences have been held, over 60 popularization activities of law regulation for environment have been organized, and over 1,600 popularization brochures of law regulation for environmental resources have been distributed.   

1. Comprehensively carry out in situ trial and circuit trial to "educate an area via a case". Emphasizing law interpretation based on cases, courts in the province have carried out circuit trials in general, and set up the mobile court on marine surveillance ships to achieve the decentralization of environmental trial powers, timely in-situ trial of environmental cases, and in-situ popularization of legal regulation for environment. Cadres of villages and towns as well as nearby residents are invited to sit on case trial. As a result, the effects of "educating an area via a case" in environmental resource trial has been emerging.  

2. Mainly popularize cases highly concerned by the society at key time nodes to enlarge the legal regulation popularization influence of environment. In recent years, courts in Hainan have been persevered in the series of legal regulation popularization activities at important time nodes such as the June 5 Environment Day, June 8 World Oceans Day and December 4 Constitution Day, and cases which are highly concerned by the society, including cases related to environmental public interest and major criminal cases of environmental pollution are focused on. Various means, such as special exhibitions, press conferences, release of typical cases, concentrated court trial, open day of legal regulation for environment, and legal regulation popularization in communities, campuses and rural areas for environment, are adopted for judicial popularization.  

3. Persist in broadening the channels for law popularization, actively adapting to the new media era, and meeting the new expectations of the public's legal regulation for environment.  Courts in the province emphasize the application of big data and media in judicial popularization for environment to keep on enhancing the innovation in judicial communication means and modes of discourse for environment.  While traditional means such as TV, broadcast and newspaper are adopted in judicial popularization for environment, new media meters such as microblog, official account of WeChat, live video streaming and short video are employed to popularize the justice of environment in ways the public can accept, which greatly broaden the range of targets and influence of judicial popularization for environment.  

II. Main difficulties and problems challenging Hainan courts in environmental resource trials 

At present, the environmental resource trial of courts in the province is still weak in some links as compared to the requirements for the construction of Hainan to a National Ecologic Civilization Pilot:  

1. Trial specialization to be enhanced.  The trial team of environmental resources shall be improved in terms of professional competences and accumulate more trial experience on the basis of judges' insufficient scientific and technological knowledge in environmental resources, which affects the specialization of trials to a certain extent. Furthermore, in the background of institutional streaming in judicial reform, how to ensure the specialized development of ecologic resource trial is an issue to be solved.  

2. Unsound trial mechanisms and systems.  In view of difficulties in damage fact finding, loss assessment and responsibility allocation for evidence presentation of environmental damage cases as well as the standardization of "Three in One" proceedings procedures and public interest proceedings, further research and exploration are necessary.  The management and use of compensation and rehabilitation fees sentenced by each court are not subject to the same practice, and shall be standardized. 

3. Blocked law enforcement and judicial connectivity mechanism for environmental resources. Relevant administrative law enforcement agencies have inconsistent understanding of crime constitution, evidence standards, and liability identification methods. When handling cases, some administrative law enforcement agencies have replaced sentences with fines, and some courts have applied probation at a high proportion, affecting the crackdown intensity. During restorative judgment implementation, courts are lack of professional competence in judging the restorative cases, and shall enhance linkage with related departments. Some acts damaging environment is related to local economy development. The ability to balance the overall economic development situation and protection of environmental resources shall be further improved.  

4. Insufficient judicial protection of environmental resources in some fields. The government fails to initiate lawsuits against ecologic damages and there are limited typical cases of air, water and soil pollution control. The judicial protection strength of marine environment shall be enhanced, and a gap still exists between the judicial competence of environment resources and the requirements of constructing a national ecologic civilization pilot.  

III. Ideas to advance the environmental resource trials of Hainan 

In future work, courts in the province shall further implement the thinking of Xi Jinping on ecologic civilization, and give fully play to the trial functions according to the deployment requirements of national and provincial ecological environment protection conferences to safeguard the green rising of Hainan. Key points are as follows:  

1. Law enforcement and case handling. The most strict systems and laws shall be applied to protect ecological environment. The basic national policies of saving resources and protecting environment, and the policies concerning the ecologic protection red lines, ecological environment quality bottom lines and resource utilization shall be thoroughly and seriously implemented.  Punitive damages for civil infringement cases of environmental resources shall be put into effect according to law, and administrative law enforcement departments of environmental resources shall be supervised and supported to enforce laws strictly. Law-based strict punishment is to serve and guarantee the construction of Hainan Free Trade Pilot and Free Trade Port of Chinese Characteristics. For all criminal acts damaging ecology and polluting environment, the most strict source protection, damages and accountability investigation system shall be adopted.  More efforts shall be invested in the trial of environmental pollution cases related to air, water and soil and full cooperation shall be provided to combat, prevent and control pollution.  Judgment rules are established via the trial of major typical cases.  Environmental public interest lawsuit shall be vigorously promoted and influential cases shall be created.  

2. Enhance investigation guidelines. The connection and communication between the superior and the subordinate shall be enhanced to timely excavate and popularize typical cases and work experience. The investigation of damages for ecological environment shall be intensified and the relationship between environmental protection and economic development shall be balanced. The Guiding Opinions on the Trial of Ecological Environment Damage Compensation Cases are formulated, and through judicial practice and theoretical research, Hainan's experience in hearing ecological environmental damage cases is formed. 

3. Enhance the communication and coordination with related departments. The courts shall proactively strive for supports from the Party committee, government and related departments to establish a sound linkage mechanism of environmental resource protection, to promote the judicial authentication and damage evaluation mechanism of environmental resources, and to support the procuratorial organs in filing environmental public interest lawsuits and the provincial and municipal governments in filing ecologic damage compensation lawsuits.  

4. Enhance popularization.  The strength of circuit trial of environmental resource cases and the connection with media shall be enhanced, and the new media such as "Microblog, WeChat and News Client" shall be made good use to expand the influence of Hainan environmental resource trial. 

5. Enhance the construction of organs and teams. Further efforts shall be made to promote the full coverage of environmental resource trial organs in courts of Hainan.  Duties shall be well divided between Sansha Court and Haikou Maritime Court, and an international trial team of marine environmental resources shall be set up. Business training shall be strengthened, expert juror team shall be sufficiently staffed, and the environmental judicial capacity of judges shall be increasingly improved.