On 21 Nov. 2023, China’s Supreme People’s Court (SPC) released the 38th batch of guiding cases, which comprises five cases all involving environmental protection of the Yangtze River.
The release of these guiding cases by the SPC aims to guide courts nationwide in implementing the “Yangtze River Protection Law” (長江保護法), thereby transforming legislation into judicial trial rules.
These five cases concern the following issues:
- collected jurisdiction of criminal cases of illegal sand mining across administrative divisions and how to compensate for ecological environmental damage;
- using scientific methods to implement enhancement and releasing techniques in illegal fishing cases to restore the ecological environment;
- determining joint debts for environmental pollution control in bankruptcy reorganization cases;
- corporate legal personality denial and shareholders’ joint liability in ecological environmental infringement cases; and
- territorial responsibilities of environmental administrative authorities in preventing and controlling the trans-regional dumping of hazardous wastes.
For more information on China’s guiding cases, please click here.
Photo by Zhang Xupeng on Unsplash
Contributors: CJO Staff Contributors Team
