The north he v. Jilin Petrochemical Environmental Public Interest Litigation: the civil complaint

He Weifang, Wang Jin, Gan Peizhong

The plaintiff: sturgeons

Habitat: the China Songhua River in Heilongjiang Province

Agent: Wang Jin, the Faculty of the Peking University School of law

Support agent: Yan Houfu, postgraduate of Peking University School of law

The two: Songhua River

The region where the China: Northeast Jilin Province, Heilongjiang Province

Attorney: Gan Peizhong, teacher of Peking University Law School

Attorney: Wang Shekun, doctoral candidate of Peking University Law School

The three: Sun Island

Place: Heilongjiang province Harbin city China (the North Bank of the Songhua River)

Attorney: He Weifang, teacher of Peking University Law School

Agent: in Jinyuan, postgraduate of Peking University School of law

The four: Wang Jin, the Faculty of the Peking University School of law

Address: Beijing city Haidian District the Summer Palace Road5Number, Peking University law school building5128Room. Zip code:100871

The five: Gan Peizhong, the Faculty of the Peking University School of law

Address: Beijing city Haidian District the Summer Palace Road5Number, Peking University law school building5130Room. Zip code:100871

The six: He Weifang, the Faculty of the Peking University School of law

Address: Beijing city Haidian District the Summer Palace Road5Number, Peking University law school building5218Room. Zip code:100871　

The seven: Wang Shekun, doctoral candidate of Peking University Law School

Address: Beijing city Haidian District the Summer Palace Road5Number, Peking University law school building5128Room. Zip code:100871

The eight: Yan Houfu, postgraduate of Peking University School of law

Address: Beijing city Haidian District the Summer Palace Road5Number, Peking University law school building5128Room. Zip code:100871

The nine: to Jinyuan, postgraduate of Peking University School of law

Address: Beijing city Haidian District the Summer Palace Road5Number, Peking University law school building5130Room. Zip code:100871

Defendant: China petroleum natural gas group company

Address: Beijing city Xicheng District six Chinese Kang Street shop6No.. Zip code:100724

Legal representative: Chen Geng

The two: PetroChina Co Ltd

Address: Beijing City, Dongcheng District China Andrew16No.. Zip code:100011

Legal representative: Chen Geng

Three: the PetroChina Co Ltd of Jilin Petrochemical Company

Accommodation: Longtan Longtan District of Jilin province China street in Jilin City9No.. Zip code:132021

Legal representative: Yu Li

Third people: Songliao River Water Resources Protection Bureau

Address: Jilin province China Changchun City Liberation Road4188No.. Zip code:130021

Legal representative: Li Zhiqun

Third two: Environmental Protection Bureau of Jilin Province

Address: Jilin province China Changchun municipal street side54No.. Zip code:130051

Legal representative: Wang Liying

Third three: Environmental Protection Bureau of Heilongjiang Province

Address: Heilongjiang province Harbin city Xiangfang District Hengshan Road Chinese6No.. Zip code:150090

Legal representative: Li Weixiang

Third four: Water Resources Department of Jilin Province

House: People's Avenue Changchun City in Jilin province Chinese1166No.. Zip code:130051

Legal representative: Zhang Dexin

Third five: Heilongjiang Province Bureau of aquatic products

Address: Heilongjiang province Chinese Daoli District of Harbin city Tongjiang Street178No.. Zip code:150010

Legal representative: Li Hai

Third six: Harbin Sun Island Scenic Area Administration

Address: Sun Island West street. Zip code150018

Legal representative: Chen Guoqing

Case By: Tort

The claim:

1To request the people's court to order the defendant. The elimination of Songhua River's future risk and bear restitution liability;

2To request the people's court to order the defendant to compensate100Billion yuan for the management of the Songhua River basin pollution and restore the ecological balance;

3. request the court to order third people jointly or separately set up and management of pollution control funds in Songhua River basin, in order to make the basic government investment and accept the payment of funds by the ecological balance, the fund continued funding arrangements to restore the Songhua River basin, protect the plaintiff a right to life, the two and the three clean right, protect the plaintiff to the plaintiff nine of Songhua River watershed and natural landscape tourism, sightseeing, good imagination right;

4To request the people's court to order the defendant to pay. This litigation costs.

The facts and reasons:

1The damage facts

2005Years11Month13Japan, is located in Jilin province Jilin city PetroChina Co Ltd in Jilin Petrochemical Company pairs of benzene plant101Factory)Aniline plant explosion and fire, resulting in a large number of containing benzene and nitrobenzene sewage bypassing the sewage channel dedicated, by Jilin Petrochemical Company in the East10Line sewage outfall directly into the Songhua River, causing water nitrobenzene and benzene serious exceed the standard, the formation of a80Kilometers of the pollution belt, causing major environmental pollution accident. (see evidence1Press release: State Environmental Protection Administration84Number: "to inform the Songhua River water pollution situation",2005Years11Month23Day.Http://www.zhb.gov.cn/eic/649083555447570432/20051123/13147.shtmlThe explosion of the chemical plant)101Factory)Is one of the largest manufacturers of aniline, the main products are chemical raw material aniline and phenol acetone.

Also known as amino benzene aniline, its production process is the first reaction of benzene with concentrated nitric acid, concentrated sulfuric acid as the catalyst, producing nitrobenzene nitrobenzene intermediates; through hydrogenation, after refining can obtain aniline. In the process, the raw material of benzene, nitrobenzene as intermediate, and finished products of aniline, belong to the toxic chemicals; especially nitrobenzene belongs to dangerous chemicals (number of dangerous goods of nitrobenzene:61056,UNNo.:1662. See evidence2Abstract: the state production safety supervision and Management Bureau bulletin "dangerous chemicals list",2003No.1No.)

Benzene, chemical formulaC6H6. Colorless transparent, odor, volatile, flammable liquid, in gasoline, kerosene and coke oven gas fraction, is a common pollutant environment. The acute and chronic toxicity to organism, toxicity tests that can cause chronic animal leukemia and cancer, cancer confirmed benzene as carcinogens have. (see evidence3:"Benzene"The word, "Chinese Encyclopedia: Environmental Science", Chinese Encyclopedia press,2002Year edition, No.469Page) 　　　

Nitrobenzene (Nitrobenzene) oily liquid colorless or slightly yellow with bitter almond, insoluble in water, soluble in ethanol, ether, benzene and oil; in case of fire, high combustion, explosion, and nitric acid reaction. Pour in the environment of nitrobenzene, will emit a pungent smell of bitter almonds, in80Its vapor and air mixture ℃ with explosive; dumping of nitrobenzene in water, with yellow green oil sink in water. Inhalation, ingestion or skin absorption can cause animal poisoning personnel and.

The typical symptoms of poisoning is shortness of breath, nausea, dizziness, fainting, unconsciousness, bluish skin color, and eventually died of respiratory failure. (see evidence4:"The characters of nitrobenzene"Poisoning first aid center (Guangdong, Guangdong province occupation disease prevention and control center) web:Http://www.gdpcc.com/toxi/toxi24.htm)

(1Damage to the plaintiff sturgeon Huso) of the Songhua River water pollution accident

The plaintiff a sturgeon Huso huso sturgeon, Acipenser schrenckii, scientific name, belongs to the appendix "endangered species of Wild Fauna and Flora International Trade Convention" two protected wild animal species,1993By the Department of forestry in China for endangered wild animal of our national protection, is endemic to Heilongjiang province to protect species, has been included in the world's endangered species; at the same time selected "China biodiversity protection and action plan" Chinese conservation priority species. At present, the Songhua River wild sturgeon fish resources serious failure, has been to the endangered edge. (see evidence5"The Ministry of forestry approved part: about endangered wild animal as the national key protected wild animal notice", "Chinese biodiversity protection and action plan",CITESAnnex)

China's "wild animal protection law" the provisions of article eighth, and its survival environment protecting wild animal countries prohibit the illegal hunting, any units and individuals or destroy; the provisions of article ninth, the State shall give special protection to the rare, endangered wild animal. "The people's Republic of aquatic wild animal protection implement section second regulations" seventh regulations, any units and individuals are forbidden to destroy the national key protection and local protection of aquatic wild animal breed waters, places and living conditions. Only preliminary estimates of experts, for the Songhua River water pollution accident100Tons of benzene leakage to the river. (see evidence6:"State Environmental Protection Administration: the Songhua River water pollution is a major environmental pollution incident", the Information Office of the State Council11Month24Day press conferenceHttp://env.people.com.cn/GB/1072/3888720.htmlAs the river flows), the pollution of water masses of the will by benzene and nitrobenzene pollution, which has led to a large number of dead sturgeon fish; precipitation of nitrobenzene in the sediment of the serious damage to the sturgeon fish survival environment, other organisms and accumulation in sturgeon fish prey, enrichment in sturgeon fish, the incidence of death causing sturgeons. If the Songhua River water and water quality can not be restored as soon as possible to the pollution state before, then the sturgeons in Songhua River extinction!

(2) in Songhua River water pollution accident on the two and the three damage

The Songhua River is the famous two China River and the famous international river, watershed area54.5Million square kilometers, accounting for the total area of the watershed1/20. The three Sun Island is China Heilongjiang province famous scenic tourist area, located in Harbin City, the north shore of Songhua River, and the bustling urban areas across the water, belonging to the river floodplain wetland grassland scenic area, is the famous summer resort. 　

In order to protect the Songhua River, the Sun Island scenic spot, Jilin Provincial People's Congress Standing Committee on the1994Years1By the "Jilin province Songhua River Sanhu reserve management regulations". In addition, the Heilongjiang Provincial People's Congress Standing Committee on the1996Years12On the approval of Harbin people's Congress promulgated and implemented the "Regulations of Harbin Municipality on the administration of Sun Island scenic area". In the major water pollution incident, because the stability of nitrobenzene discharged into the Songhua River water has a very high in water, and nitrobenzene density than water, nitrobenzene into the water will sink to the bottom, remain constant for a long time; and because of its certain solubility in water, so water pollution will continue for quite a long time. The experimental results show that when the concentration of nitrobenzene was5mg/LWhen the polluted water, yellow, bitter almond; when the concentration of100mg/LWhen the water, almost black, and separating the black precipitate. (see evidence7:"The toxicity of nitrobenzene"China web site, environmental protection:Http://www.ep.net.cn/msds/wuzhi6/61056.htmTherefore, the Songhua River water quality) and inevitable in persistent nitrobenzene pollution by the long term, with the Songhua River water as the main source of Sun Island landscape also inevitably suffered devastating damage.

(3) in Songhua River water pollution accident to the plaintiff nine damage to the plaintiff

Songhua River has added infinite vitality and beauty coast city. Winter, on both sides of the scenery beautiful magic; summer, Songhua River, bird flocks, weeping willow Yiyi, wind slowly, ten mile long beach, a few beautiful statue and flower beds com. At night, the night charming brilliantly illuminated. Holidays, the river concerts, sing merrily and dance gracefully. Sun Island is surrounded by water, beautiful scenery, with simple, straightforward, natural scenery without decorative features of the wilderness. The season like changes obviously, spring flowers in full bloom, fragrant grass, Green surplus branches, birds chirp, flowing water dingdong, springs, waterfalls, constitute a WAN Su all singing, all surplus wild scene, with spring garden off not help feeling; summer, pal Joey, lush, flowers overflowing, clear water and white sand, Jiang Tao Wan Qing, Yourenruzhi; autumn, maple red cypress green, golden yellow complex size, nopo, do storied dye, high island tour, is like walking in the colorful fairyland; winter, snow light dance, Yushu Yinhua, snow wrapped, constitute a unique northern landscape painting, known as"The scenery in the North South game"Reputation. Once a year the Sun Island International Snow Sculpture Art Fair, as an important part of the Harbin International Ice and Snow Festival is famous both at home and abroad,"The snow white, green, red, boiling below zero"It is full of a quality suggestive of poetry or painting artistic conception, so that we can experience the fun of playing out the ice snow.

In this case the plaintiff is four to nine sturgeons and nature lovers, often with other lovers go to Songhua River Tourism along the river pollution accident investigation, serious damage to our research interests, ornamental, Sun Island can not see the former beauty, the Songhua River and the Sun Island sturgeon fish, emotional hurt our spiritual interests, but also because of nausea pollution and fears and damage. Not only that, the Songhua River water for irrigation of farmland will be slow and accumulated in sporadic contaminants in crops, cause we dare not buy and eat be known to all the world's famous Heilongjiang (northeast) rice. 　

2About this case. The plaintiff's qualification

(1) sturgeons and Songhua River, Sun Island's lawsuit qualification

Through the study of the historical development of the law, we can see the history of the development of law also can be regarded as the extension of history subject. In the slave society only the nobility is completely subject, civilian only a part of the rights, and slaves were excluded from the scope of subject, is purely a slave property, is the object of ownership. In the feudal society family, father has almost absolute right to his wife and children. In the early days after the founding of America, Indians and black slaves are not regarded as fully human, women were also excluded from the political rights. Now all this has become history, human society has achieved equality in law, but this expansion did not stop.

From a legal concept, not only human beings can be regarded as rights owners. In the legal person in the world is also home to many non living rights owner: trust, company, partnership, joint venture, the municipal authorities, nation states, this is just a small part of the. It is deemed by the court female ship has independent legal right; we have become so used to think that the company has its own rights, because of a variety of statutes and constitutional objective, that they are human society as"Legal person"Or"Citizen", but we seem to have forgotten: for early jurists, this is an unbelievable concept. 　

We used to think that no rights"Things"The reason no right is because natural destiny, not because the legal practice to maintain certain status. In fact, when the rights granted to some new"Entity"Movement, the proposal must be strange, or fear, or ridiculous. This is partly because: those who have no right things in right before they get, what are not, only we can be--Those who did have the rights of the people--The use of"Things"Also known as"Property"The history of human society, also has been called"The slave"The phenomenon of people as property system. This relates to a net to a seamless heavenly robe: unless a"Entity"To prove their value, and can be accepted, otherwise, any grant such"Entity"Rights offer will met with stubborn resistance. However, unless we put the right granted to the"Entity"--There is no doubt, for most people, this is unbelievable--Otherwise, these"Entity"Unable to prove his worth, we can not see their value. 　

Nature shall not enjoy the rights, they can not for their own interests to seek legal relief. This view is not inevitable, but it is not wise. We can not say that because rivers and forests are unable to speak, so they can not enjoy the lawsuit qualification. The company also can not speak, country, immovable, baby, incapacitated person, the municipal authorities, the University also cannot speak, but lawyers can speak for them, their usual legal problems for ordinary people like endorsement. We should like to deal with the legal incapacity--Those who become a vegetable--Legal issues that to deal with the nature of legal issues. 　

In fact, there are such problems in the human internal, such as minors, mental disorder, and they do not or not fully express and demonstrate the ability to do, will, for example, legal person, just a legal person, he does not have the meaning and will. The crux of the matter is not visible to enjoy behavior subject qualification, but the right ability, fetal, infant, psychiatric patients without capacity or with limited capacity, but this does not prevent them from having the right ability, why the law gives them the main body qualification and can not give legal subject qualification of animal? 　

This is the people's concept of the problem! Behavior problems can be said to be a technical issue, the legal design of the monitoring system, solves the person with no capacity or with limited capacity to exercise their rights, and legal design agency system and legal representative system to solve the problem of the exercise of the qualification of legal person's right, these systems we can. To solve the problem of animal rights, or we can find another new system to solve this problem. Can be said that the key issue is to update the concept, human to animal or other natural body as legal subject of this new phenomenon in idea, other technical problems relative to the problem of concept just distal to the problem! However, human values can be updated? Human beings can transcend egoistic heart? All of our plaintiff thinks it can, human and non human being a truly meaningful difference is, animal and plant life, and the only care about children of his own kind, and people are more concern to all life and non human being broad-minded, people can cultivate genuine altruism: to identify not only the rights of others, also agree with others--Animal, plant species, ecosystems, land--Right, this ultimate altruism is, also should be human characteristics. In the face of the earth, only humans have an objective evaluation of non physical ability of human existence, this ability should be realized--To achieve full of love, there is no pride of gas. This is a privilege, is also a kind of responsibility! 　

In particular, sturgeon fish is already the world's endangered species, and each species of the one and only have the right to live. The law, although human laws, should protect this right, and provide the judicial relief. Do in fact is in the protection of our own interests! Because, from the most likely point of view, the best interests of the human race is to minimize loss of genetic diversity. The reason is very simple: even if only from the perspective of human interests, they are also a potential resource. We cannot solve the problem they are to provide key, even, they may provide now we haven't thought of answer. As a common but very appropriate examples: found a regulation of human ovulation key chemicals in a common plant, once found it, analyzing it, human can be reproduced by synthesis method.

But if the plant never exist--And before we know it's potential to go extinct--We will not be able to start by trying to synthesize it. Who knows, or who can say, what are the potential to cure cancer or other diseases, whether now or in the future, deep in the tissues of plants? But we could not find them, or have not studied them......Even though it is completely for the sake of our own, we must also be cautious. 　

Foreign environmental protection concepts and practices of developed countries have started the new law in judicial practice. American, Canada, Japan and other countries have had sufficient practice. As American, already entrenched in law the endangered species and environmental groups filed a lawsuit together as CO plaintiffs. But since the20Since the seventy's of 20th century, the name of many America citizen in the polluted river, swamp, stream, seaside, species, tree submitted a petition to the court. One case in which a name is called the palila birds of Hawaii land and resources administration v.. The palila genus bird habitat decreased sharply, hundreds of bird palila represent the only legal defense fund Serra club and the Hawaii Olympic Du Bang Association presented a petition, asked to stop grazing in the habitat of birds, the court accepted the case, it appeared for the first time USA legal history, but also the history of legal development first, to non human being as plaintiffs, more important is the court made the palila birds of the verdicts, Hawaii land and resources administration completed in palila is the bird habitat grazing prohibition within two years. 　

In japan,1995Years2Month24On the Amami4Wild birds protection as the plaintiff to the local court administrative proceedings, Kagoshima local court in1995Years3Months and1997Years9Month29Separate decision. The basic case is,1990Effect of years before and after the bubble economy, a Japanese company in the Amami island village built a golf course. This plan may affect the Amami island birds. Therefore, local environmental groups to oppose the development activities. But1992The plan was a development of the administrative license. To this end, the Japanese environmental groups began with the lawyer contact. The final decision will be birds as a plaintiff, brought the natural rights.

With the concept of environmental protection is becoming more and more win support among the people, establish the endangered species of the litigating qualification of the environmental law in the China in just a matter of time. 　　　

In the Serra Club v. Modun case, judge Douglas said: we should put this fiction is extended to those who feel the destructive pressures of modern technology and modern life of the canyon, mountain, meadow, rivers, lakes, estuaries, beaches, woods, marshes and the air. The river is all depend on it for life--Fish, aquatic insects, water ouzel, otters, fish, deer, elk, bears, animal, and all animal, including human--The living symbol of, they live on the water, or to their visual, auditory or life and the use of water. We should let the river as a plaintiff, as life ecological unit part of it. The river has a beautifully relationship with someone--Whether he was a fisherman, boatman, zoologist was a woodcutter--Must be able to represent the value of the river or was threatened with destruction of value. Those across the Appalachian Trail into New Jersey sunfish lake, where campers, or those who run in Maine, Ala Gaash grass, or those in Western Texas to climb the Guadalupe Mountains of people, or those in the state of Minnesota river rafting Kui Abubakar or engage in Portage, even if they live in3,000Miles away, also of course should be eligible for protection of the natural wonders of the world in front of the court or government departments. This is why these environmental issues should be tendered by the nature to enjoy ourselves, so that we can ensure that it represents all forms of life--Those who eat wood woodpecker, the coyote and bear, the lemming and trout in the streams, may stand in court. Although members of the ecological system is not good at expression cannot express their opinions, but those who know their value and miracle man can speak for the entire ecological communities. 　

Those deeply into the Songhua River and the beautiful scenery of the Sun Island impressed people, destroyed in the Songhua River and the beautiful scenery of the Sun Island, is her legal representative. And those who suffer or will suffer injury, there is a close relationship between pollution, or other forms of predatory sturgeon fish, are they legitimate representative. Of course, this does not mean that we took over the administrative departments of the administrative functions. This simply means: be above in these Chinese (of the beautiful scenery of the Songhua River, the Songhua River of the endangered species) disappear forever, or become ourGross domestic productBefore the last pieces of growth, the court should listen carefully to the voice of the existing beneficiaries of environmental miracle. 　

As the Peking University School of law about environment protection of teachers and students, we pay close attention to the protection of ecological environment of our country and endangered species. Heard that the pollution accident, we are sure, we heard the groan of Songhua River, we heard the sturgeons sob, we heard the cry of Sun Island, we heard their cry. Therefore, we have the responsibility, obligation, we should also qualify as sturgeons and Songhua River, Sun Island agent lawsuit.

Maybe we will pay a huge price for this case, or by social tradition consciousness to suppress, trapped behind the civil procedure rules the court held, the government may expectGross domestic productGrowth"Bulldozer will run over this beautiful land all the aesthetic wonders, but this is not the problem now. The only question now is: we start this lawsuit is litigation qualifications should be singing the judicial reform China court accepted? In fact, the impact of this we have argued for the current law is not so serious, it is no need to feel uneasy. Like Blackmun justice in the Serra Club v. Modun case said: the court did not need to worry about will open a Pandora's box, or the intent to participate in environmental lawsuit qualification of people without any restrictions. The court will be the same as before the parties to the litigation qualification of appropriate restriction. We are only in the traditional standard (the real controversy; both sides have determined that parties; lawsuit qualification questioned party can fully represent his interests) plus an additional condition, namely litigant is a spokesman for the environmental value as everyone knows that his people.

(2The plaintiff) to nine lawsuit qualification

"People's Republic of China Constitution" the twenty-sixth regulation, the state protects and improves the living environment and the ecological environment, prevent pollution and other public hazards. "The Chinese environmental protection law of the people's Republic of China" the sixth regulation, all units and individuals shall have the obligation to Protect environment, and have the right to report and accuse to the units and individuals for pollution and damage to the environment. "Water pollution prevention law," the people's Republic of China, the provisions of article fifth, all units and individuals have the obligation to protect the water environment, and the right to supervise and report on the behavior of pollution or damage to the water environment. At present, the people of the whole country are trying to build"Harmonious society", and"Harmonious society"Connotation is the harmony of man and nature. The Central Committee of the party has just introduced a"Eleven five"The proposed plan, the harmonious coexistence of man and nature as a key content. Therefore, we are in the performance of the obligations of citizens Protect environment and implement the Party Central Committee and the State Council's fundamental policy. Today, the environmental protection are growing in china. As long as we try to future generations to leave a bit of green mountains and rivers, as long as we don't hope that after many years of our wallets after looking but only see evidence of people's distress everywhere, then we claim deserve support. 　

"General rule of the civil law" the fifth regulation, civil rights and interests of citizens and legal under the protection of the law. The civil rights including the rights and interests, in real life, the rights and interests do not coincide completely, epitaxial epitaxial than rights interests. Viewing on the natural scenery in the current law has not yet become a right, but"Rights and interests"Absolutely no problem, natural beauty can obviously bring them to watch"Interest"But, this kind of interests, not in violation of the law prohibiting norms of interest, and with the improvement of living standards will be more and more attention by people, so it should belong to the legal civil rights category. And the defendant in the infringement of the sturgeon fish, the Songhua River and Sun Island's interests at the same time, but also against our interests. Aesthetic and beautiful environment as well as the economic life, is an important component of quality of life in our society, many people and not a few people enjoy special environmental benefits from the fact does not reduce the necessity of legal protection through the judicial process. If only because many people suffer the same injury and negate some victim's lawsuit qualification, that means no one can be prosecuted for more serious harmful behavior. The Songhua River, the Sun Island, the famous song for many years for us to feel excited beauty on Songhua River. In the past many years, we often come to this beautiful river tour, get great pleasure, now, we spent considerable time and money to the banks of the Songhua River beautiful imagination, sewage ditch to see a lose one's vitality, in the face of the Songhua River, we see evidence of people's distress everywhere, the heart was deeply hurt., we hurt the ardor of Songhua River. And in many years, Songhua River was unable to restore the previous state. 　

No doubt, our interests are infringed ornamental. Ornamental interest is no doubt a legitimate rights and interests, a belongs to civil rights. Since our legitimate civil rights have been violated, then of course have the right to bring a civil action, request the infringer to assume the liability of restitution. 　

"General rule of the civil law" provisions of article 124th, in violation of state Protect environment pollution prevention, pollution of the environment and causes damage to others, shall bear civil liability according to law. "The Chinese environmental protection law of the people's Republic of China" the forty-first regulation, causing environmental pollution, has the responsibility to eliminate the hazards, and the unit or individual that suffered direct damages. "Water pollution prevention law of the people's Republic of China stipulates that the fifty-fifth, causing water pollution hazard units, have the responsibility of removing the hazard, and directly affected by the compensation for the loss of a unit or individual loss. The defendant in the Songhua River water pollution accident and we caused damage, therefore, we of course have the right as the plaintiff, asked the defendant to bear the corresponding legal responsibility. 　

Can be expected, with the deterioration of the living standards of Chinese people and improve the ecological environment, beautiful environment to enjoy the rights to certain will be confirmed on law. When beauty has increasingly become a scarce resource, it becomes the object of the right time to point the day and await for it. From childhood we know our great motherland beautiful mountains and rivers, and now the pollution is more and more serious, if we don't change the idea, not the interests of Ornamental Beauty as citizens of a civil rights protected, perhaps our descendants will be very difficult to enjoy that we are now increasingly scarce and the beautiful mountains and rivers! 　

3On the case of the three defendant. And their relationship

A close relationship between investment of the case of the three defendant, although the specific implementation of infringement of the mechanism is a PetroChina Co Ltd of Jilin Petrochemical Company, but it is a non legal person organization, its Corporation, PetroChina Co Ltd is an enterprise, and the first defendant China Petroleum Corporation is the parent company of the PetroChina Co Ltd, the subsidiary company of chemical pollution risk and lax regulation and prevention education, bear joint liability shall infringe social interests of the subsidiary company behavior. In fact, in the world all send children, causing serious damage to the public interest and social events, judicature are going to take the negative sub company legal personality, recourse parent company tort liability measures to compensate for the public and society against the interests of the. In this case, the three defendants undoubtedly shall bear joint liability to violation. (see evidence8:"The organizational structure Chinese Petroleum Corporation Holding Company"China, oil company website,Http://www.cnpc.com.cn/hzyjl/ywlx.htm)

4About this case. Third problems

Six third in this case, as government organs, or taking responsibility for environmental protection, or bear the Songhua River water ecological balance maintenance and duty to protect the national protection of aquatic wild animal sturgeon fish, the case should bring by them, but they are limited to a situation not better and duly take action, so we bear. Taking into consideration of the case, the three defendants to pay compensation payment shall be made by strong credibility, and the management and control of environment and resource management agencies responsible for Songhua River, so we the mechanism in this case will be third people in action, to urge them to bear the legal responsibility, established by their respective or combined use of administrative funds Songhua River ecological maintenance fund, and by the decision of the court will be the defendant compensation money separately or whole into the fund, use and ordered third supervision, effective control of fund. How to allocate the payment proportion of funds in the fund, we think the judges according to the actual needs of discretion. 　

Heilongjiang Province Higher People's Court of respect, this case is not an ordinary case of antithesis, it directly reflects the public interests, social interests and environmental pollution. Because of environmental pollution and destruction, Chinese ecological and landscape has extreme deterioration. Because of defects of the existing law, for endangered species and landscape damage behavior, care for these species, the appreciation of the landscape of the citizens but not for these species, the landscape as well as their own claim rights. 　

In order to investigate the20Over the years, the implementation of China environmental protection law especially the working staff of the national judicial organs of the China environmental law enforcement problems in view, the four had to2003Years8Month to attend Peking University law students of distance education in China30Provinces, city, autonomous region people's Procuratorate, the people's courts at all levels (hereinafter referred to as"Bicameral system"In the trial, prosecutors) part work and related administrative staff (hereinafter referred to as"Student") as the object, using them to the north in a unified national synchronous organization "environment law" course examination time to carry out a nationwide survey. Survey results show that, both system of police officers on the citizens to wild animal agent filed public interest environmental litigation practice generally hold a positive attitude. (see evidence9The house system: Wang Jin police students awareness of environmental justice issues report Abstract) when the existing methods and the traditional idea proved unable to solve the new problems completely and effectively and let us be at a loss what to do, we have to accept the new concept of Justice Court expected reason enough. 　

Written as USA federal court justice Blackmun decision in Serra v. Modun club in the case that: "in the field of environmental litigation, I personally would prefer Mr John Dorn older and more pertinent observation and advice: no man is an island, self-contained; every man is a piece of the continent,, are is a part of the boundless sea, if the waves wash out a soil block, Europe is the less; if a cape, if your friend or your manor has been obliterated, and so. Any man's death diminishes me, because I am involved in mankind. So don't ask for whom the bell tolls, it sounded for you."

To sum up, we all the special to the people's court proceedings, request the people's court for justice green dress, the sun shines into beings! Firmly accepted the case and make a fair decision. 　

Yours sincerely

Salute

The Heilongjiang Provincial Higher People's court

Like a person: (signature)1Sturgeon fish2Songhua River3Sun Island4Wang Jin5Gan Peizhong6He Weifang7Wang Shekun8Yan Houfu9In Jinyuan

2005Years12Month6Day

Description: the lawsuit against the original2Copy, copy9A, the relevant evidence11Copy