Supreme People's Court, Interpretation on Several Issues Concerning the Application of the Law in the Trial of Environmental Civil Public Interest Lawsuits (Draft for Comments)
最高人民法院关于审理环境民事公益诉讼案件适用法律若干问题的解释 (征求意见稿)
November 10, 2014 | BY
clpstaff &clp articles &Issued: October 1 2014Main contents: The methods of bearing liability in environmental civil public interest lawsuits set forth in the Draft include…
Issued: October 1 2014
Main contents: The methods of bearing liability in environmental civil public interest lawsuits set forth in the Draft include the preventive method, restoration method and compensatory method. If a people's court renders a judgment ordering restoration to the original state, it may additionally determine the expenses for restoring the ecological environment, with such expenses including the expenses for formulating and implementing the restoration plan and the supervision expenses. In the compensatory method, the scope of losses that a polluter is required to compensate for includes the loss of the service functions while the ecological environment is being restored, emergency handling expenses, inspection and expert assessment expenses, reasonable lawyers' fees and other charges paid for the purposes of the suit.
Issued: October 1 2014
Main contents: The methods of bearing liability in environmental civil public interest lawsuits set forth in the Draft include the preventive method, restoration method and compensatory method. If a people's court renders a judgment ordering restoration to the original state, it may additionally determine the expenses for restoring the ecological environment, with such expenses including the expenses for formulating and implementing the restoration plan and the supervision expenses. In the compensatory method, the scope of losses that a polluter is required to compensate for includes the loss of the service functions while the ecological environment is being restored, emergency handling expenses, inspection and expert assessment expenses, reasonable lawyers' fees and other charges paid for the purposes of the suit.
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