Keywords

Conservation of marine environment; ecological restoration; enforcement with goodwill

Case Overview

In the enforcement of public interest litigation related to the ecological environment filed by Dongfang Municipal Bureau of Natural Resources and Planning against Huang, since the person subject to enforcement did not actively perform the compensation obligation for the damage to the marine ecological environment determined in the effective judgment, Haikou Maritime Court initiated enforcement procedures according to law. After seizing the properties of the person subject to enforcement according to law, the court explained the legal liabilities and legal consequences for default. The person subject to enforcement finally agreed to allow the court to deduct the amount from his savings account and to pay the outstanding compensation amount, hence the full payment of the compensation. After transferring the enforced amount to the relevant administrative organ, the judges actively extended enforcement functions and gave timely notice to urge the administrative organ to apply the compensation fund for ecological restoration. Later, an event for the release of fries funded by the compensation amount successfully enforced under the public interest litigation was held by the related authorities. More than CNY 400,000 of the compensation for damage to the marine ecological environment enforced in the case was all used for restoring the marine ecological environment. The judges participated in the release event with other representatives from the Second Division of the People’s Procuratorate of Hainan Province, Dongfang Municipal Bureau of Comprehensive Administrative Law Enforcement and other relevant authorities.  

Enforcement

The effective judgment ordered the person subject to enforcement to pay CNY 90,000 for the loss of sea sand resources, CNY 396,457.2 for restoring the damaged marine resources and ecological environment, case acceptance fee, and enforcement application fee. In this case, the judges employed both coercive and voluntary measures to ensure full payment of the enforced amount. They also extended the enforcement functions to take part in social governance by urging the administrative organ to apply the enforced amount in ecological restoration.

Significance

Conservation of the ecological environment is in the country’s most fundamental interests. Taking solid measures to protect the marine ecological environment is one of the major tasks for the construction of Hainan Free Trade Port. In this case, the enforcement judges follow the principle of conducting enforcement with goodwill and humanity by explaining the laws patiently and providing active guidance. The person subject to enforcement pays the ecological environment restoration fee and realizes the significance in protecting the ecological environment, vowing not to engage in such illegal activities in the future. The enforcement is both punitive and instructive and achieves both social and legal effect. By extending the enforcement functions, the judges also promptly work with the relevant administrative organ to ensure that the enforced amount is used in the restoration of the ecological environment. These efforts have delivered positive effect in restoring the fishery resources, reviving the population structures of marine lives, and maintaining the safety of the marine ecosystem.