Chinese, Simplified
Facts
In the first half of 2018, DONG Ruishan and other illegal fishers used prohibited fishing gear with a mesh size of less than 3 mm to illegally fish and sell Yangtze River eel fries in the mainstream of the Yangtze River. Illegal purchasers including WANG Xiaopeng knew that the eel fries of Yangtze River were obtained from illegal fishing. They purchased the eel fries separately or established a partnership organization to purchase eel fries through the signing of partnership agreements and joint investment. They jointly invested in the acquisition and offer for sell, sharing the illegal profits. QIN Libing knew the eel fries that WANG Xiaopeng and others sold to him were illegally caught in the Yangtze River but still made repeated acquisition. In July 2019, the Taizhou People's Procuratorate filed a civil public interest lawsuit on the grounds that 59 people including WANG Xiaopeng, DONG Ruishan, and QIN Libing illegally fished, sold, and purchased eel fries of Yangtze River, damaged the ecological resources of the Yangtze River and harmed the public interest, and petitioned that the 59 people including WANG Xiaopeng, DONG Ruishan and Qin Libing, were jointly and severally liable for the damage caused to the ecological resources.
Judgment
The Nanjing Intermediate People's Court held in the first instance that illegal fishers such as DONG Ruishan illegally caught Yangtze eel fries in the waters of the Yangtze River within the prohibited fishing periods, caused damage to biodiversity and are liable for compensation. A complete chain of interests has been formed between illegal purchasers such as WANG Xiaopeng and illegal fishers, which jointly cause damage to ecological resources, and shall bear joint and several liability for compensation. In the judgment of the first instance, 13 illegal purchasers including WANG Xiaopeng were ordered to compensate more than 8.5 million Yuan for the loss of ecological resources caused by illegal trading of eel fries; QIN Libing, DONG Ruishan and other purchasers and fishermen shall be liable for corresponding compensation or joint and several liability with the direct purchaser based on the number of eel fries in the illegal trading or fishing that they participated in illegal trading or fishing. The Jiangsu High People's Court affirms the original judgment in the second instance.
基本案情
2018年上半年，董瑞山等非法捕捞者在长江干流水域，使用网目尺寸小于3毫米的禁用渔具非法捕捞长江鳗鱼苗并出售谋利。王小朋等非法收购者明知长江鳗鱼苗系非法捕捞所得，单独收购或者通过签订合伙协议、共同出资等方式建立收购鳗鱼苗的合伙组织，共同出资收购并统一对外出售，均分非法获利。秦利兵在明知王小朋等人向其出售的鳗鱼苗系在长江中非法捕捞的情况下，仍多次予以收购。2019年7月，泰州市人民检察院以王小朋、董瑞山、秦利兵等59人实施非法捕捞、贩卖、收购长江鳗鱼苗行为，破坏长江生态资源，损害社会公共利益为由提起民事公益诉讼，请求王小朋、董瑞山、秦利兵等59人对所造成的生态资源损害结果承担连带赔偿责任。
裁判结果
江苏省南京市中级人民法院一审认为，董瑞山等非法捕捞者于禁渔期内，在长江干流水域多次非法捕捞长江鳗鱼苗，造成生物多样性损害，应当承担赔偿责任。王小朋等非法收购者与非法捕捞者之间形成了完整的利益链条，共同造成生态资源的损害，应当共同承担连带赔偿责任。一审判决，判令王小朋等13名非法收购者对其非法买卖鳗鱼苗所造成的生态资源损失连带赔偿850余万元；秦利兵、董瑞山等其他收购者、捕捞者根据其参与非法买卖或捕捞的鳗鱼苗数量，承担相应赔偿责任或与直接收购者承担连带赔偿责任。江苏省高级人民法院二审维持原判。
Implications
This is the first case that the Nanjing Environment and Resources Tribunal heard and decided in public since the "9＋1" environment and resource trial mechanism has been officially operated. It is also the first case in China that people in the "whole chain" was ordered to bear the liability of ecological damage compensation for fishing, acquisition and sale of eel fries in the Yangtze River basin since the national fishing ban was adjusted in January 2016. It fully demonstrates the determination and commitment to protect the ecosystem and the environment of the Yangtze River "with the most stringent regime and rule of law". The case was heard by a seven-person Collegial Bench. With experts accepting inquiries in court, the consequences of ecological damage are comprehensively measured, and the loss of ecological resources is scientifically calculated. At the same time, the amount of labor compensation that can be used to offset part of the amount of compensation for ecological damage was clarified. It provides an effective path for the ecological restoration of the Yangtze River, which is of great positive significance for maintaining the ecological security of the Yangtze River area, comprehensively strengthening the protection of the Yangtze River's aquatic organisms, and forming a harmonious coexistence and green development pattern between human beings and nature.
典型意义
本案系江苏环境资源审判“9+1”机制正式运行后，南京环境资源法庭立案受理、公开开庭审理并作出裁判的第一起案件，也是自2016年1月国家调整长江流域禁渔期以来，全国首例判令从捕捞、收购到贩卖长江鳗鱼苗“全链条”承担生态破坏赔偿责任的案件，充分体现了人民法院“用最严格制度最严密法治”保护长江生态环境的决心和力度。本案适用七人制合议庭进行审理，通过采用专家出庭接受询问的方式，综合衡量生态破坏后果，科学计算得出生态资源损失，同时明确可以采用劳务代偿的方式折抵部分生态损害赔偿数额，为长江生态修复提供了有效路径，对维护长江地区生态安全，全面加强长江水生生物保护工作，形成人与自然和谐共生绿色发展格局具有重要积极意义。