On 3 Dec. 2021, the SPC issued the 31st batch of guiding cases (concerning biodiversity conservation).

The newly-released cases concerning ecological and environmental protection include civil public interest litigation, administrative penalty, and civil public interest litigation collateral to criminal proceedings.

According to the guiding cases, restoration is attached great importance when judges hear cases regarding biodiversity conservation.

As guiding case No.172 clarifies, courts may refer to expert opinions and other professional opinions from Forest Management Units for Planning and Design, competent authorities over nature reserves, etc. when determining the obligation of the accused to restore the forest ecosystems and environment.

For further information on China’s Guiding Cases System, please refer to our previous posts on “China’s Guiding Cases”.