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This year marks the first year of implementation of the ¡°15th Five-Year Plan¡±, as well as the inaugural year of the enforcement of the Ecological Environment Code of the People¡¯s Republic of China (hereinafter referred to as the ¡°Ecological Environment Code¡±), the country¡¯s second law to be named a ¡°code.¡± It also coincides with the 10th anniversary of building Chongming into a world-class eco-island. Against this backdrop, the specialized eco-environmental adjudication of the Shanghai People¡¯s Court of Chongming District (hereinafter referred to as the Chongming Court or the Court) has likewise entered its tenth year.
To thoroughly implement the Ecological Environment Code and provide precise and effective judicial services for the development of a world-class eco-island, the Chongming Court held a press conference on June 3, 2026 to mark the tenth anniversary of its specialized eco-environmental adjudication. The conference reported on the Court¡¯s eco-environmental judicial protection efforts over the past decade, as well as representative cases. Zhu Haojie, Vice President of the Chongming Court, and Wang Biao, Chief Judge of the Chenjia Town Dispatched People¡¯s Tribunal, attended the press conference. He Ruipeng, Deputy Director of the General Office and spokesperson of the Court, presided over the event.
Cases Showing an Initial Increase Followed by a Decline
With Highly Concentrated Case Types and Professional Expertise
In terms of case types, among concluded eco-environmental cases, 1,774 were civil cases, accounting for 75.95%; 411 were administrative non-litigation enforcement review cases, accounting for 17.59%; 131 were criminal cases, accounting for 5.60%; and 20 were administrative cases, accounting for 0.86%. Specifically, civil cases mainly involved disputes over rural land contractual management and land transfer. Administrative non-litigation enforcement review cases primarily concerned applications by administrative authorities for compulsory enforcement of administrative penalties such as fines. Criminal cases were mainly related to offences such as illegal fishing of aquatic products and illegal hunting. Administrative cases mainly involved environmental protection-related administrative penalties.
The white paper indicates that eco-environmental cases are characterized by a relatively concentration of case types, a high degree of specialization, and a pronounced effectiveness in substantively resolving disputes.
Improving Judicial Protection Mechanisms
Deepening the ¡°Two Mountains¡± Concept
How can the concept that ¡°lucid waters and lush mountains are invaluable assets¡± be put into practice to better support the development of a world-class eco-island? The white paper outlines the major practices and achievements of the Chongming Court in strengthening judicial protection of the eco-environment.
First, safeguarding green development and strengthening the role of the rule of law. The Court has ensured that the absolute Party leadership runs through the entire process and all aspects of eco-environmental adjudication. It has adhered to the strictest systems and the most rigorous rule of law in the eco-environment conservation, effectively translating the political requirements of green development into the handling of specific cases.
Second, advancing specialized adjudication and consolidating the foundation for judicial performance. On the basis of specialized adjudication, the Court has established Shanghai¡¯s first eco-environmental adjudication advisory expert database covering both legal and technical fields. It has appointed expert jurors, engaged technical investigators, and introduced expert assistants in court, thereby continuously improving adjudication quality. In addition, a whole-chain mechanism for cultivating model cases¡ªcovering identification, adjudication, summarization, and promotion¡ªhas been established.
Third, prioritizing eco-environmental conservation and enhancing governance effectiveness. The Court has integrated the concept of restorative justice throughout the entire process of eco-environmental adjudication. It has actively explored pre-emptive relief measures such as pre-enforcement execution, as well as alternative restoration approaches including fish restocking and labor-based compensation. A post-judgment enforcement follow-up mechanism has also been established. In addition, the bases for judicial protection and restoration of the eco-environment have been set up in both protected areas and at case sites.
Fourth, advancing coordinated and systemic governance to build diversified synergy. The Court has strengthened routine coordination and joint action with administrative law enforcement authorities in the eco-environmental sector, and has established cooperation mechanisms with courts along the Yangtze River Estuary and the Yangtze River Basin, thereby pooling the greatest possible synergy for eco-environmental conservation. It has also explored the establishment of an ecological justice coordination center and developed the ¡°Ecological Justice e-Coordination¡± platform to accelerate inter-agency collaboration.
Fifth, building an academic brand and promoting the integration of theory and practice. The Court has hosted the Chongming World-Class Ecological Island Judicial Symposium for nine consecutive years and established the Shanghai Courts Ecological Justice Research and Practice (Chongming) Base. It regularly publishes white papers on eco-environmental justice and representative cases, and organizes themed essay competitions while also publishing a series of professional monographs.
Sixth, adhering to a prevention-oriented approach and strengthening public legal education. The Court has carried out circuit trials in villages and communities, adopting a model of ¡°mobile hearings combined with post-hearing legal explanations¡± to expand the reach of case publicity and enhance public legal awareness. Centering on key occasions such as National Ecology Day and World Environment Day, it has organized intensive online and offline outreach activities to create a strong atmosphere for legal education about eco-environmental conservation.
In addition, the white paper reviews the current challenges faced by the Chongming Court in eco-environmental judicial protection, and sets out corresponding ideas and measures for future responses.
Harnessing the Guiding Role of Ecological Justice with
Ten Representative Cases
At the news conference, ten representative cases were released, including four criminal cases, four civil cases, one administrative litigation case, and one enforcement case. All of them have been subsequently selected as model or representative cases by higher courts. These cases have provided valuable guidance and reference for adjudicating eco-environmental disputes, as well as for innovating judicial protection mechanisms in this field.
For example, in a case involving coordinated efforts between the government and the judiciary to promote the timely vacating and ecological restoration of illegally occupied tidal flats, the Court adopted an approach of ¡°staged pre-enforcement vacating to ensure comprehensive clearance.¡± By making full use of the eco-environmental coordination mechanism, the Court actively guided the defendant to voluntarily vacate part of the tidal flats in advance. For areas where the defendant refused to vacate, the Court rendered judgments in accordance with the law in a timely manner, thereby ensuring the complete and comprehensive clearance of the entire tidal flat area. This case was selected as a model case on wetland ecological conservation by the Supreme People¡¯s Court.
For another example, in a case involving the proper resolution of a 468-mu forestland vacating dispute guided by the principles of green enforcement, the Court actively coordinated with the local government where the land was located. Through this coordination, a third party was successfully introduced to purchase the forest assets as a whole, and a land lease agreement was subsequently concluded with the applicant for enforcement. This arrangement not only ensured the realization of the villagers¡¯ rental claims, but also provided a solution that balanced eco-environmental conservation with the long-term interests of local villagers. The case was selected as a representative enforcement case by the People¡¯s Courts.
Standing at the important juncture of the opening of the ¡°15th Five-Year Plan¡± and the promulgation and implementation of the Ecological Environment Code, the Chongming Court will remain firmly committed to matters of national significance. It will further strengthen its sense of responsibility and proactively fulfill its duties, continuously advancing the specialization, modernization, and internationalization of eco-environmental adjudication. In doing so, the Court aims to contribute Shanghai courts¡¯ practical experience in eco-environmental justice, and to provide strong judicial support for the in-depth advancement of building Chongming into a world-class eco-island.
