Xiamen man * was sentenced to pay about 900000 judges for raising pigs in this area.

category:Society click:360
 Xiamen man * was sentenced to pay about 900000 judges for raising pigs in this area.


Without any qualification, a man in Xiamen set up a large-scale pig farm on the contracted land without authorization, resulting in large-scale environmental pollution. Recently, the Municipal Intermediate Peoples Court issued a case of environmental public interest litigation, which is also the first case of environmental public interest litigation in Xiamen.

In the absence of the corresponding procedures for filing and approval, Ye built pig houses, management houses and solidified sites on the contracted plots in succession from 2003 to 2005, covering an area of more than 14,000 square meters and nearly 15,000 pigs. According to the environmental protection agency, Yes farm is more than 500 meters away from the surrounding villages and roads, which is located in the forbidden area of livestock and poultry farming stipulated by the government.

In November 2016, Xiamen Environmental Protection Bureau and Tongan Branch Bureau issued a decision on Ye Mou to correct illegal acts, ordering him to immediately stop large-scale pig farming, and to dispose of pigs, close or dismantle the farm. In January 2017, the farm was demolished. At the same time, the city management department thinks that Ye is suspected of illegally occupying agricultural land, and transfers the case to the public security organ according to law.

In August 2017, the farm was designated as a pig conversion project. In January 2018, the pig conversion project was accepted.

In October 2017, the Fujian Environmental Volunteers Association filed a lawsuit with Xiamen Intermediate Court for Yes responsibility for environmental damage compensation on the ground that Ye had been engaged in large-scale livestock and poultry breeding in the forbidden zone stipulated by the government for a long time and had not taken any measures to treat the wastes of livestock and poultry, such as feces, corpses and sewage, which seriously polluted the environment. Let.

During the trial, in May 2018, after on-site investigation, the farming site has been completely transformed into a vegetable greenhouse, Xiamen Intermediate Court then transferred the environmental damage consequence assessment involved in the case to the selected Institute of forensic expertise for identification. The appraisal body made a statement that the total value of environmental damage caused by illegal discharge of pollutants from a pig farming in Ye was 917,500 yuan.

Xiamen Intermediate Court considered that Ye was engaged in large-scale pig farming in the forbidden area, and did not carry out environmental impact assessment and comprehensive treatment of environmental pollution in accordance with relevant provisions, resulting in environmental pollution damage consequences. The plaintiffs Fujian Environmental Volunteers Association and the defendant Ye Mou (alias) in a public interest lawsuit for environmental pollution liability disputes made a first-instance judgment, ordered Ye Mou to pay environmental pollution compensation of 9175,000 yuan to the governments financial accounts for environmental ecological restoration, and in Fujian Province above the provincial level media to apologize publicly to the community.

Sequence of events

From 2003 to 2005, ye Mou set up large-scale pig farms in the restricted area *.

In November 2016, the Tongan branch of Xiamen environmental protection bureau made a written decision to correct the violation.

In January 2017, the farm was demolished.

In August 2017, the farm was designated as a * pig conversion project.

In October 2017, the Fujian provincial Environmental Protection Volunteers Association filed a lawsuit against the Xiamen intermediate peoples court.

In January 2018, the pig conversion * project was accepted.

In May 2018, the opinion issued by the appraisal bodies stated that the total value of environmental damage was 917 thousand and 500 yuan.

Focus of controversy

The site has been destroyed. How did the environmental damage consequence of 917 thousand and 500 yuan be determined?

Evaluation method

According to the relevant provisions of the Supreme Peoples Court on the Interpretation of Several Questions Concerning the Application of Law in the Trial of Environmental Tort Liability Disputes, an appraisal opinion on the consequences of environmental damage is issued by using the method of virtual governance cost.

Case results

Ye was ordered to pay 917,500 yuan for environmental pollution compensation to a special government financial account for environmental and ecological restoration, and to make public apologies to the community in the media at or above the provincial level in Fujian Province.

A judges statement

Pollution scene loss

How to determine the consequences of damage?

In this case, the undertaking Officer explained that the court had given full play to judicial initiative and successfully solved the difficulties of hearing the damage consequences in three aspects:

Firstly, under the circumstances of serious disputes over the consequences of damage caused by the loss of the environmental pollution scene, according to Article 8 of the Interpretation of Several Questions Concerning the Application of Laws to the Trial of Environmental Tort Liability Disputes by the Supreme Peoples Court, a department with relevant qualifications may be entrusted with the task of finding out the facts of environmental pollution cases. Legal appraisal organs shall issue appraisal opinions or institutions recommended by the competent department of environmental protection under the State Council shall issue inspection reports, testing reports, evaluation reports or testing data to initiate judicial appraisal of the consequences of environmental damage. Second, we should pay attention to the difference between public interest litigation and general civil litigation, and give full play to the principle of moderate authoritarianism. When there are disputes about whether the case should be appraised or not and the selection of appraisal institution, we should start the appraisal of the consequences of environmental damage according to the partys authority and appoint the appraisal institution with corresponding qualification. Finally, the virtual governance cost method is adopted to give the appraisal opinion on the consequences of environmental damage. Virtual governance cost method is one of the environmental value assessment methods, which is gradually applied in the current practice of environmental damage assessment. After on-site investigation, a large-scale pig farm in Ye was demolished and almost all of it was transformed into vegetable greenhouse facilities. Source: Xiamen daily editor: Zhao Yaping _NN9005

Firstly, under the circumstances of serious disputes over the consequences of damage caused by the loss of the environmental pollution scene, according to Article 8 of the Interpretation of Several Questions Concerning the Application of Laws to the Trial of Environmental Tort Liability Disputes by the Supreme Peoples Court, a department with relevant qualifications may be entrusted with the task of finding out the facts of environmental pollution cases. Legal appraisal organs shall issue appraisal opinions or institutions recommended by the competent department of environmental protection under the State Council shall issue inspection reports, testing reports, evaluation reports or testing data to initiate judicial appraisal of the consequences of environmental damage.

Second, we should pay attention to the difference between public interest litigation and general civil litigation, and give full play to the principle of moderate authoritarianism. When there are disputes about whether the case should be appraised or not and the selection of appraisal institution, we should start the appraisal of the consequences of environmental damage according to the partys authority and appoint the appraisal institution with corresponding qualification.

Finally, the virtual governance cost method is adopted to give the appraisal opinion on the consequences of environmental damage. Virtual governance cost method is one of the environmental value assessment methods, which is gradually applied in the current practice of environmental damage assessment. After on-site investigation, a large-scale pig farm in Ye was demolished and almost all of it was transformed into vegetable greenhouse facilities.