【Summary】
In August 2018, in order to implement the relevant requirements of the Central Environmental Protection Inspection Group regarding the withdrawal of fishing and wetland restoration in the Maolong Zone of Yancheng City, the Marine and Fisheries Bureau and the Environmental Protection Bureau of Dafeng District, Yancheng City, jointly issued a “Notice”, which clarifies the scope and requirements for the withdrawal of fishing and wetland restoration. In December 2019, the Natural Resources and Planning Bureau of Dafeng District and the Environmental Protection Bureau of Dafeng District jointly issued a public announcement, reiterating the above content and once again demanding that fish farming households within the restoration area immediately cease aquaculture activities, exit the restoration area, and return the aquaculture ponds. In a dispute between Mr. Yu and other 8 fish farmers and Mr. Shen, the two parties were unable to reach a consensus on the distribution of the government compensation for the removal of the aquaculture facilities. The matter was subsequently brought to the Nanjing Maritime Court. After the judgment became effective, Mr. Shen, the same defendant in the 9 cases failed to fulfill the judgment obligations within the specified period. The 9 fish farmers applied to enforce the judgment.
【Judgment】
During the enforcement process, upon learning that Mr. Shen had property clues related to the compensatory payment at the Natural Resources and Planning Bureau of Dafeng District, Yancheng City, the court immediately verified and confirmed the information with the local government authorities and informed them of the legal basis for freezing and seizing the subsidies. Once the Dafeng District People's Government verified the relevant information, they promptly urged the responsible departments to assist with the court’s enforcement. In April 2023, the Natural Resources and Planning Bureau of Dafeng District transferred a total of 1,287,157 yuan of compensatory payment from Mr. Shen to the designated court’s account, to ensure the the fully realization of the rights and interests of the fish farmers.
【Significance】
The "withdrawal of fishing and wetland restoration" campaign is an important measure aimed at implementing Xi Jinping's ecological civilization ideology. It holds significant implications for restoring the marine ecological environment and promoting high-quality development of the marine economy. During the enforcement process, the Nanjing Maritime Court embraced a proactive strategy, thoroughly investigating property leads, actively cooperating with governmental bodies, and dismantling information barriers between the judiciary and administrative bodies. The Dafeng District People's Government promptly ensured subsidy disbursement, fulfilling its civic obligations, and collectively facilitating effective case resolution. These actions enhanced judicial credibility, further establishing judicial authority. Collaborative efforts between the court and administrative bodies preempted conflict escalation from the source, averting additional disputes stemming from the "withdrawal of fishing and wetland restoration" campaign. This case illustrates the Nanjing Maritime Court's role in upholding social harmony and stability, providing robust judicial support to fortify marine ecological environmental protection, development, utilization, and high-quality economic growth.
