Guiding Case No. 111 of the Supreme People's Procuratorate: Civil public interest litigation case of illegal dumping of construction wastes to the sea (People's Procuratorate of Haikou City, Hainan Province v. Hainan A Company and two other defendants)
Instrument Type： Judgment
- Source Note：SPP Gazette, Issue 1, 2022 (Total No. 186) Page 18-21
Procedural Status： Trial at Second Instance
- Date Issued：08-19-2021
- Judgment Date：11-23-2020
- Guiding Case No. 111 of the Supreme People's Procuratorate: Civil public interest litigation case of illegal dumping of construction wastes to the sea (People's Procuratorate of Haikou City, Hainan Province v. Hainan A Company and two other defendants)
- Civil public interest litigation; dumping wastes to the sea; joint investigation; procuratorial proposal; appearance in court in the trial of second instance
- 民事公益诉讼? 海洋倾废? 联合调查? 检察建议? 二审出庭
- Where, due to marine ecological and environmental damage, the performance of duties by an administrative organ fails to effectively safeguard the public interests and no individual or entity files a lawsuit for ecological and environmental damage compensation, the procuratorial organ may file a civil public interest lawsuit. In the court session of second instance of a public interest litigation case, the people's procuratorate at a higher level shall assign public prosecutors to appear in court, jointly participate in court investigation and court debate and present opinions with the procuratorial organ at a lower level, and effectively perform its duties of appearance in court.
- In 2018, after being awarded through bidding the earthwork construction of two land parcels in the Beautiful Sand project, Haikou B Company (hereinafter referred to as “Company B”) subcontracted the earthwork transportation project to Hainan A Company (hereinafter referred to as “Company A”). Chen, actual controller of Company A, applied for using the temporary pier in the name of Company A and falsely promised that the excavated earthwork would be carried in a vessel to a wasteland in Zhanjiang City for disposal. As a matter of fact, he organized personnel to dump the solid wastes generated in the project to the Beautiful Sand waters in Haikou City.