On June 30, the Supreme People's Court issued ten typical cases of national maritime trials in 2022. In the civil public interest litigation case of marine natural resources and ecological environment between the People's Procuratorate of Ningde City, Fujian Province and Lin Mou-mou, Lin Mou-mou, without obtaining the sea area use right certificate and mining license, instructed Gao Mou-mou to drive a ship to the sea area of Wanwu Town, Fuan City, to illegally mine sea sand 17 times, with a cumulative 11295 of 33 m ³, and to sell it for profit. Lin Mou-mou and Gao Mou-mou were investigated for criminal responsibility for the crime of illegal mining.
Xiamen Maritime Court upholds the concept of ecological restorative justice, combines the damage compensation mechanism with the development of marine carbon sinks, and presides over the mediation agreement of "marine carbon sinks + alternative restoration" between the two parties on the compensation for the losses involved in the case, taking into account the damage to the ecological environment, the cost of restoration, the economic situation of the defendant and the ability of restoration. According to
the Supreme Law, the civil liability of "marine carbon sink + alternative remediation" can not only avoid the dilemma of "difficulty in execution" caused by the defendant's weak ability to compensate, but also solve the dilemma of the disconnection between compensation and remediation, so as to achieve the goal of carbon balance to a certain extent. According to the Supreme People's
Court, this case explores and enriches the damage compensation mechanism of marine environmental infringement, innovates marine ecological justice, highlights the judicial role of combining punishment with education in "one case, one repair", and is a positive practice for maritime courts to help build a marine environmental public interest litigation system with Chinese characteristics, and for judicial services to reach carbon peak and carbon neutralization.
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