Title in original language
刘某桂非法采矿刑事附带民事公益诉讼案
Original language
Chinese, Simplified
Country
China
Date of text
Status
Decided
Type of court
National - lower court
Court name
People’s Court of Ruichang City, Jiangxi Province
Seat of court
Ruichang City, Jiangxi Province, China
Reference number
[2022] Jiangxi 0481 Criminal First Trial No. 304
Files
Link to full text
Justice(s)
Lei Qin, Luo Liping, Peng Xiaojuan, Zhou Qijun, Fan Youfang, Fang Li, Zhu Haiying
Relations to MEAs
Relations to SDGs
Abstract
Liu Gui leased a vessel to illegally mine sand in the Yangtze River and conspired with others to extract over 5,900 tons of river sand during a prohibited mining period. The defendants illegally profited and caused ecological damage to the riverbed, water quality, and aquatic resources. The People’s Procuratorate filed incidental civil public-interest litigation alongside the criminal case. The court convicted Liu Gui of illegal mining, imposed imprisonment and fines, and ordered joint compensation for mineral resource loss and ecological restoration costs, as well as a public apology. The ruling affirms that joint environmental crimes can be heard by courts linked to any co-offender’s jurisdiction and supports ecological protection in key river basins.
Key environmental legal questions
How do courts determine jurisdiction over illegal mining cases spanning multiple administrative regions?
How can criminal prosecution be combined with public-interest civil litigation to address ecological damage?
How is joint criminal liability and compensation allocated among multiple offenders in illegal resource extraction cases?
What principles guide compensation and restoration orders for environmental harm in major river basins?