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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)

检例第111号:海南省海口市人民检察院诉海南A公司等三被告非法向海洋倾倒建筑垃圾民事公益诉讼案

  • 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)
  • 检例第111号:海南省海口市人民检察院诉海南A公司等三被告非法向海洋倾倒建筑垃圾民事公益诉讼案
  • [Keywords]
  • 关键词

  • 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
  • [Key Points]
  • 【要旨】
  • 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.
  • 对于海洋生态环境损害,行政机关的履职行为不能有效维护公益,又未提起生态环境损害赔偿诉讼的,检察机关可以依法提起民事公益诉讼。公益诉讼案件二审开庭,上一级人民检察院应当派员出庭,与下级检察机关共同参加法庭调查、法庭辩论、发表意见等,积极履行出庭职责。
  • [Basic Facts]
  • 基本案情
  • 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.
  • 2018年,海口B公司中标美丽沙项目两地块土石方施工工程后,将土石方外运工程分包给海南A公司。陈某(A公司实际控制人)以A公司的名义申请临时码头,虚假承诺将开挖的土石方用船运到湛江市某荒地进行处置,实际上却组织人员将工程固废倾倒于海口市美丽沙海域。
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