Marine Environmental Crime Prosecutions In Prc
Marine Environmental Crime Prosecutions in China
China’s rapid industrialization, urbanization, and maritime development have led to significant marine environmental degradation. To combat this, the PRC has developed a strict legal framework to prosecute marine environmental crimes. Prosecutions target illegal discharge of pollutants, destruction of marine ecosystems, illegal fishing, and unauthorized reclamation activities.
I. Legal Framework
1. Relevant Laws and Regulations
Criminal Law of the PRC
Article 338 – Polluting the Marine Environment
Discharge of toxic substances, oil, or waste into sea waters causing environmental damage or threats to public safety.
Article 339 – Illegal Exploitation or Destruction of Marine Resources
Destruction of coral reefs, mangroves, or marine habitats without permission.
Article 340 – Illegal Fishing and Overexploitation
Use of banned fishing methods, overfishing, or illegal collection of endangered species.
Marine Environmental Protection Law (2017 Amendment)
Requires licensing and environmental impact assessments for marine projects.
Establishes penalties for pollution, ecological damage, and illegal reclamation.
Fisheries Law
Prohibits illegal, unreported, and unregulated fishing practices.
Criminal liability arises for commercial operations exceeding legal quotas or using destructive fishing gear.
2. Why Marine Crimes Are Criminalized
Marine pollution threatens public health, seafood safety, and biodiversity.
Illegal marine exploitation can cause long-term ecological harm and economic losses to fisheries and coastal communities.
China increasingly prioritizes sustainable maritime governance under national ecological civilization initiatives.
II. Representative Cases
Below are six notable marine environmental crime cases in China:
Case 1 — Dalian Oil Spill Criminal Prosecution (2010)
Court: Dalian Intermediate People’s Court
Charges: Polluting marine environment (Art. 338)
Facts
Oil refinery discharged untreated waste oil into coastal waters.
Spill affected 30 km of coastline, killing fish and contaminating shellfish farms.
Legal Issues
Industrial negligence combined with deliberate evasion of environmental standards.
Outcome
Company manager: 10 years imprisonment
Chief environmental officer: 5 years imprisonment
Company fined and required to compensate local fisheries
Precedent Value
Established strict accountability for corporate executives in marine pollution incidents.
Case 2 — Zhoushan Illegal Reclamation (2012)
Court: Zhejiang Provincial Court
Charges: Destruction of marine ecology (Art. 339)
Facts
Local construction company illegally reclaimed 50 hectares of wetland for industrial development.
Mangrove ecosystems were destroyed, threatening local biodiversity.
Legal Issues
Unauthorized reclamation caused ecological harm.
Criminal liability applied due to scale and ecological significance.
Outcome
Project manager: 4 years imprisonment
Company fined ¥10 million
Area ordered to be partially restored
Precedent Value
Large-scale reclamation without permission = criminal offense under Art. 339.
Case 3 — Hainan Coral Reef Destruction (2015)
Court: Haikou Intermediate Court
Charges: Illegal exploitation of marine resources (Art. 339)
Facts
Divers extracted endangered coral for luxury aquarium trade.
Activity destroyed 2 hectares of coral reef.
Legal Issues
Coral is protected species; extraction violates marine resources protection laws.
Outcome
Two defendants: 3 years imprisonment + fines
Confiscation of coral and equipment
Precedent Value
Reinforces criminal liability for endangered species collection and coral reef damage.
Case 4 — Fujian Shrimp Farm Pollution (2016)
Court: Fujian Provincial Court
Charges: Marine pollution (Art. 338)
Facts
Shrimp farms discharged untreated wastewater containing antibiotics and chemical residues into coastal waters.
Led to mass fish kills in local bays.
Legal Issues
Negligent management of aquaculture operations causing marine pollution.
Outcome
Farm owner: 5 years imprisonment
Technicians: 2–3 years
Farms required to adopt proper wastewater treatment systems
Precedent Value
Aquaculture operators can face criminal liability for discharging untreated effluents into marine environments.
Case 5 — Illegal Fishing in South China Sea (2017)
Court: Guangdong Intermediate Court
Charges: Illegal fishing, overexploitation (Art. 340)
Facts
Fishing company used dynamite and electric fishing methods in protected marine zones.
Destroyed coral habitats and captured endangered species.
Legal Issues
Use of prohibited methods + overexploitation = criminal violation.
Outcome
Captain: 8 years imprisonment
Crew members: 3–5 years
Fishing vessels seized
Precedent Value
Demonstrates enforcement against destructive fishing techniques and protection of marine biodiversity.
Case 6 — Tianjin Port Chemical Leak (2019)
Court: Tianjin Intermediate Court
Charges: Marine pollution causing public hazard (Art. 338)
Facts
Chemical storage company leaked hazardous substances into port waters.
Pollutants contaminated shipping lanes and shellfish beds, causing ecological and economic losses.
Legal Issues
Large-scale chemical discharge classified as hazardous marine pollution.
Outcome
CEO: 12 years imprisonment
Environmental compliance officer: 6 years
Company fined and ordered to clean-up
Precedent Value
Highlights criminal responsibility for corporate executives in accidental or negligent marine pollution.
III. Key Legal Takeaways
Corporate executives are personally liable for marine environmental crimes.
Unauthorized reclamation and habitat destruction are criminal offenses.
Destructive fishing methods trigger serious criminal penalties.
Aquaculture and industrial discharge must meet stringent environmental standards.
Endangered species and coral protection are enforced through criminal law.
Scale of damage and ecological sensitivity strongly influence sentencing.
China increasingly prioritizes maritime ecological protection under national strategy.
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