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From January 2014 to September 2024, courts nationwide concluded a total of 2,161,000 first-instance environmental resource cases of all types, in which a series of landmark typical cases were concluded, which strongly promoted the ecological and environmental rule of law process and enhanced the international influence of China's environmental justice. This year is the 10th anniversary of the establishment of the Environmental Resources Trial Division of the Supreme People's Court, and the Environmental Resources Trial Division of the Supreme Court selected 10 cases with significant influence as the 10-year achievements of the environmental resources trial to be displayed from the guiding cases of environmental resources, typical cases and other influential cases released in previous years.

Among them, the ‘Environmental Civil Public Interest Litigation Case of Environmental Pollution Liability Dispute between a Social Organisation and a Kindergarten’, which was handled by Mr. Wang Wenyong, a senior partner of JAVY law firm, was successfully selected.

[Basic case].

From 26 March to 1 April 2016, a kindergarten laid a plastic runway (playground) and put the plastic runway (playground) into use in April of the same year. The plastic runway (playground) emitted an irritating odour to the outside after use, which seriously affected the children's health, and a large number of the children's parents began to complain.

The plaintiff was informed of the situation, the kindergarten required to take measures to remove the plastic runway (playground), to eliminate the pollution of the atmosphere and soil environment, was rejected, Wang Wenyong lawyers personally wrote the indictment, filed a civil public interest litigation. After the court mediation, the defendant kindergarten removed the kindergarten plastic runway, and the defendant management in other places outside of beijing kindergarten plastic runway also all removed, the full implementation of the mediation agreement.

Wang Wenyong lawyer said, since the case of litigation, the original kindergarten and construction as a co-defendant, but in the trial process, the construction company proposed the contract seal is false, the court investigation, confirmed that the contract seal is indeed false. Considering the possibility of a criminal case, it was proposed that the prosecution of the construction company be withdrawn, and at the same time, it was proposed in writing to the court that the materials involved in the criminal case should be transferred to the investigating authorities in accordance with the law.

He further pointed out that similar incidents have been occurring frequently throughout the country, and hoped that schools and kindergartens that are still using ‘toxic runways’ would be brave enough to come forward and replace them. At the same time, he also pointed out that at the national management level, there is still a gap in the national standards for kindergarten, primary and secondary school runways. For a long time, including construction units, construction units, acceptance units, education authorities and appraisal intermediaries, including many parties, will be applicable to the national standards for sports competitions of plastic runway, as the kindergarten and primary and secondary schools for the daily activities of students and physical education courses using plastic runway standards. This has led to serious confusion in the management of plastic runways in schools over the past decade, which has not only endangered the health of students, but also produced far-reaching negative impacts and even threatened social harmony and stability. Therefore, he urgently appealed to the relevant departments to come up with national standards applicable to school plastic runways as soon as possible. (Note: National standards for plastic runways in schools have now been issued and implemented)

[Judgement results]

The people's court entered into force a conciliation statement that the conciliation agreement reached voluntarily by the parties concerned was not contrary to the provisions of the law and the public interest of society, and that no comments or suggestions had been received upon the expiry of the period for the announcement of the conciliation agreement, confirming in accordance with the law that a certain kindergarten dismantled the plastic running track (playground) laid in the park and put in a grass lawn (which was executed); and that a certain kindergarten made a donation of 100,000 yuan to the China Social Aid Foundation for the purpose of ecological conservation (which was executed). .

[Typical significance

Children and teenagers are the flowers of the motherland and the hope of the nation. Judicial protection is an important line of defence to ensure the healthy growth of children. As the first case of public interest litigation triggered by ‘plastic runway’, this case is of high typical significance. Wang Wenyong gave full play to his professional advantages during the litigation process, and actively explored and innovated with the People's Court a way of assuming legal responsibility that was in line with the characteristics of ‘urban ecological environmental protection’, and confirmed that the removal of the plastic runway and the paving of the lawn was a way of remediation of the contaminated soil environment and the atmospheric environment, which achieved the function of timely protection of the ecological environment. The case confirms the function of timely protection of the ecological environment; confirms that a kindergarten to public welfare donations to assume social responsibility, donations dedicated to the protection and management of the ecological environment, for the improvement of the overall social environment to play a greater public welfare function.

What is more meaningful is that the successful trial and implementation of the case promoted the case outside the national kindergartens and primary schools to completely remove the toxic plastic runway (playground), ending the nearly ten years in China, primary and secondary schools and kindergartens ‘toxic runway (plastic runway)’ spread crazy momentum. Since then, the social storm caused by the plastic runway hazardous to the health of students has disappeared. The trial of one case to solve several cases, reduce litigation costs, timely protection of the campus environment, safeguard the legitimate rights and interests of minors; also promoted the national level and around the country in a timely manner to issue relevant policies and documents, requiring schools and kindergartens to investigate and rectify the campus environment, to stop the use of odorous plastic runways (playgrounds), and to promote the development of scientific and reasonable standards for the assessment of the schoolyard environment, to provide a healthy and safe campus environment for underage students. safe school environment.

The selection is not only a milestone in China's environmental judicial practice, but also an authoritative affirmation of JAVY law firm's long-term deep ploughing and outstanding contributions in the field of environmental law. Looking to the future, the firm will not only continue to adhere to the forefront of the field of environmental law, but also take this honour as an opportunity to actively lead the innovation and development of environmental legal services, and unswervingly commit to building a harmonious coexistence of human beings and nature under the rule of law, and to promote the construction of China's and even the world's ecological civilization, and to achieve the goal of sustainable development, contributing to a more outstanding wisdom and strength, and to become a solid backing and leader of the process of rule of law in environmental protection. It will become a solid support and navigator in the process of environmental protection and the rule of law.