Title in original language
江西省上饶市人民检察院诉张永明、毛伟明、张鹭生态破坏民事公益诉讼案
Original language

Chinese, Simplified

Country
China
Date of text
Court name
The High People's Court of Jiangxi Province (江西省高级人民法院)
Reference number
(2020) Gan Min Zhong No. 317 ((2020)赣民终317号)
Tagging
Civil
Justice(s)
Judge HU Shuzhu
Judge HUANG Xunrong
Judge WANG Huijun
Relations to MEAs
Abstract

Facts

Around April 2017, ZHANG Yongming, MAO Weiming and ZHANG Lu reached the agreement to go to the Sanqing Mountain Scenic Area to climb the "Gigantic Python Rising in the Mountain" (also known as the Python Peak). Before dawn on April 15, 2017, ZHANG Yongming, MAO Weiming and ZHANG Lu began to climb the Python Peak with tools including an electric drill, pitons, a hammer and ropes. When climbing, ZHANG Yongming drilled pitons in dangerous places, and MAO Weiming and ZHANG Lu climbed along the pitons and ropes laid by ZHANG Yongming. All the three people climbed to the top of the Python Peak through collaboration and coordination. Through on-site investigation, ZHANG Yongming hammered 26 pitons into the rock mass of the Python Peak. After the occurrence of the case, the Sanqing Mountain Management Committee installed the intelligent monitoring system on the Python Peak at the cost of 510,826.4 Yuan. According to expert evaluation, the estimated value of damage to the Python Peak should be no less than the threshold amount of 11.9 million Yuan of the non-use value (NUV) losses to the Python Peak arising from the case. ZHANG Yongming, ZHANG Lu and MAO Weiming have been identified as committing the crime of intentional damage to the place of historical and cultural interest in a valid criminal judgment made separately. Hence, the Shangrao People's Procuratorate of Jiangxi Province hereby lodges a civil public interest lawsuit, requesting ZHANG Yongming, ZHANG Lu and MAO Weiming to jointly and severally compensate for the threshold amount of the NUV losses to the Python Peak of 11.9 million Yuan, jointly and severally pay 510,826.4 Yuan for the installation of the intelligent monitoring system on the Python Peak as a measure to eliminate danger, and 150,000 Yuan for engaging experts for the appraisal, and make a public apology on a well-known national news and media platform.

Judgment

In the first instance, the Intermediate People's Court of Shangrao City of Jiangxi Province holds that the act of ZHANG Yongming, ZHANG Lu and MAO Weiming of climbing the Python Peak by hammering pitons has evidently jeopardized the environmental resources. Hence, the Shangrao People's Procuratorate has the jurisdiction to lodge a civil public interest lawsuit for ecological damage. In the first instance, the Shangrao People's Procuratorate applied for the withdrawal of the claim that ZHANG Yongming, ZHANG Lu and MAO Weiming jointly and severally pay 510,826.4 Yuan for the installation of the Python Peak intelligent monitoring system as a measure of eliminating the danger, which was approved by the court. Comprehensively taking specific matters into account, including the rarity of the Python Peak as a World Natural Heritage site, severity of consequences and wide social impact of ZHANG Yongming, ZHANG Lu and MAO Weiming's acts, and the economic condition and compensation capacity of ZHANG Yongming, ZHANG Lu and MAO Weiming, the court decided at its discretion that ZHANG Yongming, ZHANG Lu and MAO Weiming shall jointly and severally compensate for losses to environmental resources of 6 million Yuan, and for the expert fee of 150,000 Yuan, and publish an announcement on a national media platform to make a public apology. Jiangxi High People's Court of second instance upholds the original judgment.

基本案情

20174月左右,张永明、毛伟明、张鹭三人约定前往三清山风景名胜区攀爬“巨蟒出山”岩柱体(又称巨蟒峰)。2017415日凌晨,张永明、毛伟明、张鹭三人携带电钻、岩钉、铁锤、绳索等工具开始攀爬巨蟒峰底部。在攀爬过程中由张永明在有危险的地方打岩钉,毛伟明、张鹭则沿着张永明布好的岩钉和绳索攀爬,三人通过互相协作、互相配合的方式共同攀爬至巨蟒峰顶部。经现场勘查,张永明在巨蟒峰上打入岩钉26个。事后,三清山管委会建设了巨蟒峰智能监测系统,为此支付建设费用510826.4元。经专家评估,此次“巨蟒峰案的价值损失评估值”不应低于该事件对巨蟒峰非使用价值造成损失的最低阈值1190万元。张永明、张鹭、毛伟明故意毁坏名胜古迹罪已经另案刑事生效文书认定。江西省上饶市人民检察院提起民事公益诉讼,请求张永明、张鹭、毛伟明依法连带赔偿巨蟒峰非使用价值造成损失的最低阈值1,190万元,连带支付采取消除危险的措施建设巨蟒峰智能监测系统的费用510826.4元、聘请专家所支出的评估费用15万元,并在全国性知名新闻媒体公开赔礼道歉。

裁判结果

江西省上饶市中级人民法院一审认为,张永明、张鹭、毛伟明使用打岩钉的方式对巨蟒峰进行攀爬,该行为明显属于对环境资源的损害,上饶市检察院有权提起生态破坏民事公益诉讼。一审审理中,上饶市检察院申请撤回要求张永明、张鹭、毛伟明连带支付采取消除危险的措施建设巨蟒峰智能监测系统的费用510826.4元的诉讼请求,予以准许。综合考虑巨蟒峰作为世界自然遗产的珍稀性,张永明、张鹭、毛伟明的行为造成的后果的严重性以及社会影响的广泛性,同时在兼顾张永明、张鹭、毛伟明的经济条件和赔偿能力等具体问题的基础上,酌定张永明、张鹭、毛伟明连带赔偿环境资源损失计600万元、支付专家费15万元,并在全国性媒体上刊登公告,向社会公众赔礼道歉。江西省高级人民法院二审维持原判。

Key environmental legal questions

Implications

It is a civil public interest lawsuit for ecological damage caused by intentional damage to a place of historical and cultural interest. The Sanqing Mountain National Park is a key scenic area in China, on the List of the World Natural Heritage and that of the UNESCO Global Geoparks. The geological heritage site of the Python Peak is a precious and landmark scenic spot in the Sanqing Mountain National Park, which is not only a non-renewable rare natural resource, but also a natural asset for sustainable utilization, with significant scientific, aesthetic and economic value. The three doers in the case climbed the Python Peak in a destructive manner, by drilling holes and hammering 26 pitons into the granite column of the Python Peak, resulting in serious damage to the Python Peak. The people's court punished the crime of intentional damage to the place of historical and cultural interest by law, which is a warning to the general public against damage to places of historical and cultural interest under the state protection. Meanwhile, the court accepted the civil public interest lawsuit for ecological damage, and ordered the doers to assume the liability for ecological and environmental restoration with consideration of case facts and expert opinions, playing an important demonstration role in promoting the preservation and restoration of places of historical and cultural interest, and guiding the general public to adopt a correct view of ecological environment and to cherish and care for natural resources and ecological environment that the human beings rely on for survival and development. This lawsuit, and the criminal action against ZHANG Yongming, MAO Weiming and ZHANG Lu for intentional damage to the place of historical and cultural interest, with the integration of criminal liability and civil liability, not only showcase the punitive function of the Criminal Law, but also reflect the ecological restoration function of public interest litigation for damaged natural resources.

典型意义

本案系故意损毁名胜古迹引发的生态破坏民事公益诉讼案。三清山风景名胜区是我国国家重点风景名胜区,并被列入世界自然遗产、世界地质公园名录。巨蟒峰地质遗迹点是其珍贵的标志性景观和最核心的部分,既是不可再生的珍稀自然资源性资产,也是可持续利用的自然资产,具有重大科学价值、美学价值和经济价值。本案当事人采用破坏性攀爬方式攀爬巨蟒峰,在巨蟒峰花岗岩柱体上钻孔打入26个岩钉,对其造成严重损毁。人民法院在依法惩处其故意损毁名胜古迹罪、警示世人不得破坏国家保护的名胜古迹的同时,提起本案生态破坏民事公益诉讼,结合本案实际情况和专家意见,判令其承担生态环境修复责任,对促进名胜古迹的保护和修复,引导社会公众树立正确的生态文明观,珍惜和善待人类赖以生存和发展的自然资源和生态环境具有重要的示范作用。本案与张永明、毛伟明、张鹭故意损毁名胜古迹罪刑事案件展现了我国对生态环境的全方位保护,通过运用刑事责任、民事责任相统一的方式,既体现了刑法的惩罚功能,又体现了公益诉讼对被损坏的自然资源的生态修复功能。