Specialized Laws and Regulations will Support Initiating Public Interest Litigation when Damaging Ancient and Famous Trees | The Research Department of CBCGDF

Recently, the National Forestry and Grassland Bureau and the State Ministry of Housing and Urban-Rural Development Departments have jointly drafted the “Management of Ancient and Famous Trees Regulations (Draft)” and are soliciting public advice and opinions from the community. In order to protect the ancient trees, according to Article 43, the state-prescribed agencies or organizations prescribed by law may initiate environmental public interest litigation against the organization or individuals that damage the ancient and famous trees.

 

(Ancient Abies, ©CBCGDF)

The draft listed and defined the actions of damaging the ancient trees in detail, including illegal cutting down the trees, unauthorized transplantation, trading, illegal transportation, stripping the bark, digging the roots, etc. It can be found in the draft the definition of the behavior that damages ancient trees is comprehensive and instructive.

There once was a large-scale destruction of ancient jujube trees In May 2016, at Huazhuang Village, Xuedian Town, Xinzheng City, Henan province. Xinzheng was the “hometown” of jujube at that time. The earliest history of starting to plant jujube was about 8,000 years ago. In 2015, about 17660 ancient jujube trees were listed in the scope of cultural relics protection. However, in 2015, the jujube trees have been cut down due to the transplantation. It caused the death of 1870 ancient jujube trees. The China Biodiversity Conservation and Green Development Foundation (CBCGDF) filed an environmental public interest litigation, which is the first case of environmental public interest litigation against the destruction of ancient trees in China. 


(Destruction of jujube trees, ©CBCGDF)

In the following year, experienced two court hearings, this case finally won in 2017, with all of the lawsuit requests being supported by the court. This case is the first case of public interest litigation for the protection of ancient and famous trees in China, it also plays an important role in ancient tree protection in the future, and it has far-reaching legal significance and social effect at the same time.

 

（Court session of the destruction of jujube tress, ©CBCGDF）

After 7 years, eligible organizations can initiate public interest litigation on the damage or destruction of ancient and famous trees, which has been formally included in the “Management of Ancient and Famous Trees Regulations (Draft)”. CBCGDF believes that with the implementation of the regulations, the protection measures will play a great role in ancient tree protection in the future.


Original Link: https://mp.weixin.qq.com/s/Sk71ybO6T-jA-3omCKIjzQ

Editor: Yujie

Checked by


Contact: v10@cbcgdf.org; +8617319454776

 

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