Data source
Date of text
20 Oct 1998
Court name
Jiaxing Intermediate People's Court of Zhejiang Province
WANG Kunjun (presiding)
After the judgment of Zhejiang Pinghu Teachers Special Breed Farm v. Jiaxing Buyun Dye & Chemical Factory, etc. for Water Pollution Damage and Compensation made by Pinghu People's Court on 27 July 1997 came into effect, Jiaxing People's Procuratorate filed a civil prosecutorial protest to Jiaxing Intermediate People's Court on 20 Jule 1998, on the grounds that the original judgment identified the fact incorrectly and applied laws improperly. Jiaxing People's Procuratorate indicated with evidence the direct and inescapable causal link between the discharge of sewage and the death of tadpoles. The defendants in 1st instance shall bear the responsibility to compensate because they cannot prove that their activities are not the cause of the tadpoles' death. The court held that, the plaintiff in 1st instance could not clarify the reason leading to the tadpoles' death, nor could it come to a forensic conclusion that the lethal substances found in the tadpoles' body are consistent with the element in the sewage discharged by the defendants in 1st instance. Moreover, other evidence did not prove directly that sewage discharged by the defendants in 1st instance directly caused the death of the tadpoles. Therefore, the court dismissed the prosecutorial protest and upheld the original judgment.