On a certain date, the Supreme People's Court released ten years of cases with significant influence in environmental and resource trials, among which the "Zhang Ming, Mao Ming, Zhang intentionally damaging a famous scenic site case and the civil public interest litigation case of ecological damage filed by the People's Procuratorate of Shangrao City, Jiangxi Province against Zhang Ming, Mao Ming, Zhang" are noteworthy.

Around the months of the year, Zhang Ming, Mao Ming, and Zhang agreed to climb the "Jumang Chuishan" rock pillar (also known as the Jumang Peak) in the Sanqingshan Scenic Area. In the early hours of the morning, Zhang Ming, Mao Ming, and Zhang, equipped with electric drills, rock spikes, hammers, ropes, and other tools, began to climb the base of the Jumang Peak. During the climb, Zhang Ming drove rock spikes at dangerous points, while Mao Ming and Zhang followed the spikes and ropes laid out by Zhang Ming. The three of them climbed to the top of the Jumang Peak through mutual cooperation and coordination. Upon investigation, it was found that Zhang Ming had driven rock spikes into the Jumang Peak. According to expert evaluation, the "evaluation value of the loss in the Jumang Peak case" should not be lower than the minimum threshold of 10 million yuan, which represents the minimum loss to the non-use value of the Jumang Peak caused by the incident.

The procuratorial organs separately initiated criminal public prosecution and civil public interest litigation. The effective criminal judgment of the People's Court held that the core scenic area of the scenic spot is protected by China's Criminal Law as a historical site and scenic spot. The Sanqingshan Scenic Area is listed in the World Natural Heritage and World Geopark directories. The Jumang Peak geological site is a precious landmark landscape and the most core part of the scenic area, possessing significant scientific, aesthetic, and economic value. Defendants Zhang Mouming, Mao Mouming, and Zhang violated social management order by using destructive climbing methods to climb the Jumang Peak, causing damage, and their actions constituted the crime of intentionally damaging historical sites and scenic spots. Zhang Mouming was sentenced to one year in prison and a fine of 100,000 yuan; Mao Mouming was sentenced to six months in prison, suspended for one year, and a fine of 50,000 yuan; Zhang was exempted from criminal punishment.

The effective civil judgment of the People's Court holds that the ecological environment is the foundation for human survival and development. Chinese law explicitly protects natural monuments and scenic areas as environmental elements, stipulating that all units and individuals have the obligation to protect the environment, and those who cause damage to the ecological environment through destruction shall bear tort liability. Zhang Ming, Mao Ming, and Zhang, by climbing the Jumang Peak using the method of drilling rock bolts, caused irreparable and permanent damage to the Jumang Peak, thereby harming public interests and constituting joint tort. Considering the rarity of Jumang Peak as a World Natural Heritage, the severity of the consequences caused by Zhang Ming, Mao Ming, and Zhang's actions, the widespread social impact, and taking into account the specific issues of the economic conditions and compensation capacity of the three individuals, the court ruled that Zhang Ming, Mao Ming, and Zhang shall jointly and severally compensate for environmental resource losses amounting to millions of yuan, pay expert fees amounting to millions of yuan, and publish an announcement in national media to apologize to the public.

The Supreme Court has stated that the Sanqingshan Scenic Area is both a non-renewable, precious natural resource asset and a sustainable natural asset, which is subject to national legal protection. This case is the first in the country to result in criminal liability for intentionally damaging a natural heritage site, and it is also the first ecological damage civil public interest lawsuit filed by a procuratorial organ against the destruction of a natural heritage site. Both the criminal and civil cases have been designated as guiding cases by the Supreme Court, which have unified legal application value. Additionally, they serve as important models for promoting the protection and restoration of cultural and natural heritage sites, guiding the public to establish a correct view of ecological civilization, and cherishing and treating with care the natural resources and ecological environments on which human survival and development depend.

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Author: Emma

An experienced news writer, focusing on in-depth reporting and analysis in the fields of economics, military, technology, and warfare. With over 20 years of rich experience in news reporting and editing, he has set foot in various global hotspots and witnessed many major events firsthand. His works have been widely acclaimed and have won numerous awards.

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