Public interest litigation cases I will mention in court to protect people's livelihood second typical cases

In March 19, 2014, the Supreme People's court held a news briefing to announce the second batch, the people's Court of the people's livelihood of typical cases, I will v. Wuxi municipal Lihu Lake Huishan Scenic Area Management Committee of environmental tort case selected typical cases for the people's livelihood.
"Case ten: China Environment Federation v. Wuxi municipal Lihu Lake Huishan Scenic Area Management Committee of environmental tort case
(a) the basic facts of the case
Wuxi zoo, Taihu Fun Park (hereinafter referred to as the pleasure garden) is by the Wuxi municipal Lihu Lake Huishan Scenic Area Management Committee (hereinafter referred to as the Scenic Area Management Committee) key ecological environment engineering construction and "doing things" project. In the process of project construction, scenic area management committee unauthorized change part of forest land use, including 3677 square meters of construction has become a sightseeing elevator and fire pool.
(two) the results
Jiangsu province Wuxi City Binhu District People's court think, scenic area management committee in the development and construction project without obtaining the land use change among the examination and approval procedures, constitute the occupation of Forestland in fact. Land use change caused by damage to the ecological environment, should assume civil liability corresponding. Scenic forest land use change behavior, according to law, shall be ordered to a deadline restitution. But considering the fire pool and sightseeing elevator with emergency escape, channel function, is a necessary part of the pleasure garden, relates to the social and public interests of larger, such as direct restitution, may cause the waste of social resources. Such as in situ recovery is difficult, can be remote resume, in order to meet or exceed the level of the original ecological capacity. To use the recovery of the choice of location, in accordance with the original tort most closely related, restore the principle scheme of economical and reliable determination. The court of final appeal with the convenience of the comprehensive factors such as replanting feasibility and rationality of selection of seedling, forest maintenance decision, Binhu District of Wuxi city Yang Bay plots replanting programme for the final scheme in this case restore forests, the defendant submitted the different replanting recovery scheme confirmation and approval. Scenic Area Management Committee in 2013 3, April in Yang Bay plots, invested nearly eight hundred thousand yuan, seven thousand square meters of city green land cultivation, court participate in the entire process of supervision and inspection, maintenance and supervision of the defects zone trees (one year).
(three) the typical significance
This is a case of the environmental public interest litigation together by the China Environment Federation filed. Construction of unauthorized occupation of land use and change the damage to the ecological environment, the construction unit shall bear corresponding civil liability. Due to the lack of quantitative evaluation of ecological damage caused by tree size to reduce the amount of compensation, and in situ restitution may cause great waste of social wealth, the people's court may sentence construction units through different replanting way to restore the ecological capacity."

Related links:
The Supreme Court issued the second batch of people's livelihood and typical case
Http://legal.people.com.cn/n/2014/0319/c42510-24681500.html