Title in original language
张某山等人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 Dongtai City, Jiangsu Province
Seat of court
Dongtai City, Jiangsu Province, China
Reference number
[2022] Jiangsu 0981 Criminal First Trial No. 46
Files
Link to full text
Justice(s)
Ding Hui, Zhang Junhong, Bian Rongwei, Xu Hongzhu, Da Honghua, Ding Jingbo, Yu Hongjun
Relations to MEAs
Relations to SDGs
Abstract
Zhang Shan and other defendants illegally mined and transported more than 46,000 tons of Yangtze River sand within a national nature reserve for freshwater dolphins, causing severe ecological damage valued at over CNY 5 million. Because the crime spanned multiple provinces (Anhui and Jiangsu), the Supreme People’s Court designated the People’s Court of Dongtai City to exercise jurisdiction. The court convicted the defendants of illegal mining and concealing criminal gains, imposed imprisonment and fines, and ordered joint compensation and a public apology. After the judgment took effect, the court transferred the restoration funds to Tongling City (Anhui Province) for ecological restoration and finless porpoise protection. The case clarified rules for designated jurisdiction and cross-regional transfer of restoration funds for basin-wide environmental damage.
Key environmental legal questions
How do courts determine jurisdiction for environmental crimes spanning multiple administrative regions?
How should funds for ecological and environmental restoration be used when damage occurs outside the trial court’s territory?
How do courts apply the Yangtze River Protection Law and Civil Code to assign joint liability for ecological damage?
How can designated cross-regional jurisdiction enhance river-basin ecological governance?