China Justice Observer


EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

SPC Releases Typical Cases of Carbon Peak and Neutrality

Mon, 10 Apr 2023
Categories: China Legal Trends

On 16 Feb. 2023, China’s Supreme People’s Court (SPC) released the “Typical Cases of Judicially Active and Steady Promotion of Carbon Peak and Carbon Neutrality” (司法积极稳妥推进碳达峰碳中和典型案例).

There are ten cases in this batch. Among others, the noteworthy ones are as follows.

Case No. 1 involves Bitcoin mining services. The court held that Bitcoin “mining” consumed vast amounts of electricity and energy, which does not align with the goal of carbon peak and carbon neutrality. Therefore, the contract involving the transaction was null and void.

Case No. 2 involves the over-quota use of controlled ozone-depleting substances (ODS). The court held that the tortfeasor used Freon and caused its discharge even though knowing trichlorofluoromethane (commonly known as Freon) is controlled ODS, which is expressly prohibited from being used in production. Therefore, the tortfeasor should pay damages for ecological environment infringement.

Case No. 7 involves carbon emission quotas. The court found that the actual carbon emission of a Shenzhen company in 2014 exceeded the quota it held. Therefore the penalty imposed by the enforcement agency was lawful.

Case No. 8 involves using carbon emission quotas as assets to compensate execution creditors. After the judgment creditor applied to the court to enforce the judgment, the court found that the judgment debtor still held unused carbon emission quotas. Consequently, the court froze the unused quotas and listed them for sale in exchange to compensate the judgment creditor for damages.



Cover Photo by Jillian Luo on Unsplash


Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

China Introduces New Drunk Driving Convictions Standards Effective 2023

In December 2023, China announced updated standards for drunk driving convictions, stating that individuals who drive with a blood alcohol content (BAC) of 80mg/100ml or higher on a breath test may be held criminally liable, according to the recent joint announcement by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice.

SPC's Revised Rules Extend Reach of International Commercial Courts

In December 2023, China's Supreme People’s Court's newly amended provisions extended the reach of its International Commercial Courts (CICC). To establish a valid choice of court agreement, three requirements must be met - the international nature, the agreement in writing, and the amount in controversy - while the 'actual connection' is no longer required.

SPC Releases Typical Cases of Punitive Damages for Food Safety

In November 2023, China's Supreme People's Court (SPC) released typical cases of punitive damages for food safety, emphasizing consumer rights protection and highlighting instances of tenfold compensation awarded to consumers for food safety violations.