Data source
Date of text
09 Dec 2008
Country
Seat of court
Haizhu District, Guangzhou City, Guangdong Province
Original language

Chinese, Simplified

Type of text
National - higher court
Reference number
No. 382 (2008), First Instance, Guangzhou Maritime Court [ (2008) 广海法初字第382号]
Court name
Guangzhou Maritime Court
Justice(s)
Cheng Shengxiang
Xiong Shaohui
Gu Enzhen
Sources
InforMEA
Keywords
Access to justice, chemical, environmental damage, inland water, Pollution, Waste management

In this case, the procuratorate of the Haizhu district sued the director of the Xinzhongxing textile treatment plant for causing the pollution of the Shiliugang River in the Guangdong province.

Indeed, following the investigation of the Haizhu Environmental Bureau, it was established that the Xinzhongxing textile treatment plant was violating several of the environmental regulations as it was dumping an important part of its wastes in the river.

The action was brought in front of the Guangzhou Maritime Court. The judges held that following the Article 3 of the Water law and Article 73 of the General Principle of Civil Law, the Shiliugang River is a national resource and that consequently the jurisdiction of the procuratorate of the Haizhu district who have the right to sue for the environmental damages caused to the river. Consequently, the court held that the director of the Xinzhongxing textile treatment plant was responsible for the population and for the environmental damage that took place. As a result, the defendant was condemned to pay a compensation for the losses caused by the pollution.

 (Contribution: Case provided by Professor Tianbao QIN, Tang HE, and Han GAO, Research Institute of Environmental Law, Wuhan University, China)