2021 年 12 月 1 日

Circular of the Supreme People’s Procuratorate on the 29th Batch of Guiding Cases – On the Public Interest Litigation Case Involving the Prosecution of Zhang and Two Others by the Shanghrao People’s Procuratorate in Jangxi Province for Intentional Damage to Giant Python Peak in Sanqing Mountain (Mainland China)

Di Wu 1. When determining the defendant's obligation of forest ecological environment restoration, the people's court may refer to the expert opinions and the professional opinions issued by the forestry planning and design unit and the competent department of the nature reserve to clarify the specific requirements such as tree species, tree age, location, quantity, survival rate and completion time. 2. If the defendant voluntarily pays a deposit as a guarantee for the performance of the obligation of ecological environment restoration, the people's court may regard the situation as a circumstance of lighter sentencing.