Liaoning Enhances Judicial Protection for Marine Ecosystem

SHENYANG, April 2 — Liaoning Provincial Higher People's Court has recently issued the Opinions on Promoting Courts in the Coastal Economic Belt to Strengthen Judicial Protection of the Marine Ecological Environment (hereinafter referred to as the Opinions), aiming to enhance judicial collaboration on marine ecological protection between Dalian Maritime Court and intermediate people's courts in the coastal economic belt, according to People's Network Liaoning Channel.

The collaborating courts include Dalian Intermediate People's Court, Dandong Intermediate People's Court, Jinzhou Intermediate People's Court, Yingkou Intermediate People's Court, Panjin Intermediate People's Court, Huludao Intermediate People's Court and Liaohe Intermediate People's Court, all located in Liaoning's coastal economic belt. The initiative is designed to support the construction of a strong marine province.

Comprising eight parts, the Opinions mainly focus on improving the jurisdiction transfer mechanism, deepening trial practice collaboration among courts in the coastal economic belt, and advancing public interest litigation related to the marine environment. It clarifies that for environmental cases involving marine pollution and navigable waters connected to the sea, grassroots courts in the coastal economic belt shall report to their corresponding intermediate courts, which will then consult Dalian Maritime Court for jurisdiction. If no agreement is reached, the provincial court shall designate the jurisdiction.

In terms of deepening trial practice collaboration among courts in the coastal economic belt, the Opinions emphasize that for cross-city marine environmental cases, grassroots and intermediate courts in the belt shall provide support and assistance to Dalian Maritime Court in pre-litigation preservation, evidence collection, circuit trials and enforcement of coercive measures. In return, Dalian Maritime Court shall offer convenience to these courts in ship detention, ship auction and debt settlement.

Given the complexity and fragility of the marine ecosystem, which is extremely difficult to restore once damaged, the Opinions require promoting public interest litigation. Grassroots and intermediate courts in the coastal economic belt may transfer clues and materials of cases involving marine ecological damage and resource protection received or discovered during case handling to Dalian Maritime Court, and conduct consultations on difficult and complex issues.

The Opinions also put forward requirements for improving the whole-basin judicial protection collaboration mechanism between courts in the coastal and non-coastal economic belts. Liaoning courts will further study and implement the Civil Code of Ecological Environment, uphold the concept of "coordinated land and sea management and systematic governance", deepen the coordination and linkage of courts in the coastal economic belt, and jointly build a solid judicial barrier for Liaoning's marine ecological environment.