The plaintiff is the reservoir fish farming, and the amount of fish died due to the discharging into the sewage pollution of the defendant. So the plaintiff sued the defendant to assume tort liability. The case was brought by the plaintiff in front of Shangsi County People’s Court in the Guangxi Zhuang Autonomous Region.
According to the report of the investigation, the court determined the defendant had polluted and the fact that the death of the plaintiff’s contracted reservoir is real. The death of the fish has the cause-effect relationship of the cooperation’s pollution. This case has an exemplary role to promote the administrative and judicial highly-linked and exert proof of administrative documents, and solve the difficulty of environmental infringement cases proof. At last, the defendant’s appeal was rejected.
(Contribution: Professor Tianbao QIN, Tang HE, and Han GAO, Research Institute of Environmental Law, Wuhan University, China )