Considering the ecological environment damage, the cost of restoration, the defendant's economic situation and the ability of restoration, how to effectively solve the "difficulty of execution" and truly realize the purpose of marine environmental public interest litigation is particularly critical. 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, which was selected by the Supreme People's Court as a typical case of national maritime trial in 2022, explores and enriches the damage compensation mechanism of marine environmental infringement, which deserves our attention.
The case shows that Lin instructed Gao to drive a ship to the bay town of Fuan City and other sea areas to illegally mine sea sand 17 times without obtaining the sea area use right certificate and mining license, with a cumulative 11295 of 33 cubic meters, and used it to sell for profit. Lin Mou-mou and Gao Mou-mou were investigated for criminal responsibility for the crime of illegal mining. At the same time, Ningde People's Procuratorate filed a civil public interest lawsuit against Xiamen Maritime Court for marine natural resources and ecological environment, requesting that Lin Mou-mou and Gao Mou-mou be ordered to jointly and severally compensate for ecological environment damage and restoration costs of more than 680000 yuan. On the basis of finding out the facts,
Xiamen Maritime Court presided over the parties to reach a mediation agreement on "marine carbon sink + alternative restoration" for compensation for the losses involved in the case.
The mediation agreement clearly States that the two defendants shall jointly and severally compensate for the cost of repairing the damage to the marine ecological environment 680298 19 yuan, of which 180000 yuan shall be paid by the two defendants in three years by voluntarily subscribing and entrusting the Straits Resources and Environment Trading Center to purchase marine carbon sinks, and the remaining compensation shall be paid by the two defendants through public welfare services. Undertake the auxiliary work of marine environmental governance in the sea area of Wanwu Town, Fuan City, including but not limited to marine garbage salvage, coastal maintenance, marine environmental protection publicity, etc., with a time limit of three years. If the labor service is insufficient to compensate after the expiration of the time limit, it shall still be liable for compensation. After
the mediation agreement was announced and served, the defendant has purchased the first 2400 tons of marine carbon sinks according to the contract, and actively fulfilled other obligations through labor services. In
this case, the 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 between the two parties, taking into account the ecological environment damage, the cost of restoration, the defendant's economic situation and the ability of restoration. Through the civil liability mode of "marine carbon sink + alternative restoration", it can not only avoid the difficulty of execution caused by the weak compensation ability of the defendant, but also solve the dilemma of the disconnection between compensation and governance restoration, and achieve the purpose 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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