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A civil public interest litigation case for the protection of cultural relics, People's Procuratorate of Jinxi County, Jiangxi Province v. Xu Huawen and Fang Yuping

By PRC Supreme People's Court

· Procedure,Laws and Regulations

Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022

 

Case Judgment Opinions Summary:

If the damage to ecological resources is caused by the destruction of cultural relics such as historic sites, building groups and sites, the infringer shall bear the liability for infringement. The procuratorial organ may, in accordance with the law, institute environmental civil public interest litigation against the case of damage to ecological resources caused by destruction of cultural relics. In the absence of an identification agency to identify the loss of human and ecological resources caused by the damage of ancient buildings, the expert opinions cross-examined in court can be used as the basis for identification. The people's court shall take into account the public interest litigation request of the procuratorial organ, the economic development level of the place where the cultural heritage is located, the social influence of the cultural heritage itself, the subjective fault of the defendant and its economic conditions, the degree of damage to the integrity of the cultural heritage and the expert opinion, and determine the loss of cultural and ecological resources according to law.

 

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