Judicial Cases on Environment and Resources of Hainan Court Selected
According to the arrangement about strengthening case exchanges in the memorandum of understanding signed between United Nations Environment Program and the Supreme People's Court of China, both parties have agreed to collect and spread the knowledge and information about China’s environment and resources adjudication through the environment law database of United Nations Environment Program and relevant portal websites so that excellent Chinese environment judicial cases can be shared with the rest of the world.
The 10 cases in the second batch were selected from typical cases on environment and resources released by the Supreme People's Court in recent years, including criminal civil, administrative & public interest litigation, ecological environmental damage litigation and other litigation types about environment and resources, covering a ten-year moratorium on fishing in the Yangzte River, regulation of controlled ODS(ozone depleting substance), protection of pavo muticus and other endangered wild animals and plants, protection of rare marine animals and coral reefs, protection of world natural heritages and national geological parks, solid waste control, rural dwelling environmental governance in Yellow River Basin, protection of coastlines and other case types about environment and resources, and involving the domestic application of international conventions and multilateral agreements joined by China such as Convention on Biological Diversity, The Convention on International Trade in Endangered Species of Wild Fauna and Flora and Montreal Protocol on Substances that Deplete the Ozone Layer.
As No. 177 guiding case of the Supreme People's Court, the administrative penalty case of Hainan Lingao Yinghai Shipping Co., Ltd vs Fishery Administration Division of Sansha City (Court of first instance: Haikou Maritime Court, Court of second instance: Hainan High People's Court) was selected into the website. The case has established adjudication rules for Chinese courts to try similar cases: A contracting party to The Convention on International Trade in Endangered Species of Wild Fauna and Flora should legally protect all species of corals and giant clams listed in Appendixes I & II of the convention, whether they are living or dead or have been made into relevant products. In case of illegal practice of corals or giant clams transport listed in Appendixes I & II of the convention which being imposed administrative punishments according to wildlife conservation law or other relevant regulations, the people’s court shall support it.
United Nations Environment Program has spoken highly of the cases and white papers provided by the Supreme People's Court of China, deeming them as an important carrier for the international community to understand concepts, adjudication rules and other information about Chinese environment and resources judicature. The release of Chinese judicial cases on environment and resources and white papers in the website of United Nations Environment Program is of positive significance to transmitting China’s voice about environment adjudication and improving China’s image about environment adjudication.