1. Han Mouhui and other 22 people's illegal hunting cases
2. Gu Mou and Chen Mouguan's illegal hunting cases
3. Qiu Mou's illegal fishing of aquatic products
4. Jiang Moulin v. Administrative Compensation Case
of Natural Resources and Planning Bureau of Dafeng District, Yancheng City, Jiangsu Province 5. Cixi Natural Resources and Planning Bureau v. Ningbo Engineering Team Non-litigation Administrative Execution Case
6, Jiangmou Criminal Incidental Civil Public Interest Litigation Case
7, Zheng Mouyuan Criminal Incidental Civil Public Interest Litigation Case
8, Nanjing People's Procuratorate v. Xu Mou, etc. Civil Public Interest Litigation
for Ecological Damage of Liu Mou 9. Civil Public Interest Litigation
for Environmental Pollution Liability of a Silk Spinning and Plasticizing Company in Deqing County by People's Procuratorate of Huzhou City 10. Civil Public Interest Litigation
for Ecological Environmental Protection of a Property Insurance Company by People's Procuratorate of Dongtai City 11. Shanghai Chongming District Seawall Management Office v. Shanghai Building Materials Company Land Lease Contract Dispute Case
12. Guangzhou Automobile Repair Factory Environmental Pollution Liability Pre-litigation Resolution
Case, the eleventh case: Shanghai Building Materials Company built five temporary cement silos and closed sand yards on the land. Engaged in concrete production and processing.
11. Shanghai Chongming District Seawall Management Office v. a Shanghai Building Material Company
[Basic Facts]
May 20, 2003. Shanghai Chongming District Seawall Management Institute (hereinafter referred to as Chongming Seawall Institute) signed an Agreement on the Use of Xixi Xiaowei with a building material company in Shanghai, which stipulated that a building material company in Shanghai would lease about 27000 square meters of beach on the west side of Xijiagang, Chenjia Town, Chongming District, Shanghai, as a sand and gravel yard, and invest in Xixi. With the use of Xiaowei during the contract period, after the expiration of the contract on June 30, 2019, the project will belong to Chongming Haitang Institute free of charge. In February 2009, a building material company in Shanghai built five temporary cement silos and closed sand yards on the land to engage in concrete production and processing . In 2019 and 2020, Chongming Haitang Institute issued three notifications to a building material company in Shanghai, specifying that the lease will not be renewed after the expiration of the contract, and requesting that the land be vacated within a time limit, all of which were rejected. For this reason, Chongming Seawall appealed to the court to request the company to vacate the aforementioned beach and return it. A building materials company in Shanghai filed a counterclaim, requesting Chongming Seawall to return the cost of dredging the diversion river, revetment and beach protection projects involved in the case, and to compensate for the economic losses caused by the construction of above-ground objects, confirming that the beach involved in the case belongs to the company.
[Judgment Result]
During the trial, the People's Court of Chongming District of Shanghai examined the environmental assessment documents handled by a building material company in Shanghai, and pointed out the risk of liability for violating environmental protection laws and regulations. After organizational mediation, a building material company in Shanghai first vacated nearly three quarters of the leased area, but still retained the cement silo and closed sand yard, and did not stop production. The court of first instance held that a building material company in Shanghai acquired the right to use the beach involved in the case based on the lease agreement, and that the company should vacate and return the land in time according to the contract when the lease term expires. The court then ruled that a certain building material company in Shanghai should vacate the beach involved in the case and return it to Chongming Seawall Office; at the same time, Chongming Seawall Office returned the performance bond to a certain building material company in Shanghai. After the sentence was pronounced, a building material company in Shanghai refused to accept it and appealed. The Second Intermediate People's Court of Shanghai ruled that the appeal was rejected and the original judgment was upheld.
[Typical Significance]
The coast of Xixi Branch Dyke belongs to the beach of the Yangtze River Estuary, which is located at the intersection of the arc-shaped golden coast of China and the golden waterway of the Yangtze River, and within the scope of the Chinese Sturgeon Nature Reserve of the Yangtze River Estuary in Shanghai. It is adjacent to the "Chongming Dongtan Wetland" listed in the list of international important wetlands and the "Dongtan Bird National Nature Reserve", an important passageway for migratory waterbirds in the Asia-Pacific region. In this case, the defendant has been engaged in concrete production and processing along the Yangtze River for a long time. If it is not regulated in time, the biodiversity of the Yangtze Estuary beach will be reduced and the ecological service function of the wetland will be damaged. After accepting the case, the people's court, relying on the platform of the judge's studio of the river chief system office in Chongming District, guided the defendant to vacate part of the beach first and carry out ecological environment renovation. If the defendant refuses to vacate the area, a timely judgment shall be made in accordance with the law to ensure the full clearance of the beach area. The proper handling of this case has promoted the further optimization of the industrial layout around important wetlands, ensured the timely and effective relief of people's environmental rights and interests and social public interests, and achieved the organic unity of political, social, legal and ecological effects.
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