On July 21, 2021, the Policy and Law Department of CBCGDF received the civil judgment of the first instance of the civil public interest litigation case of indoor smoking control environmental pollution liability dispute from Baoding intermediate people's court, which is against the three defendants of Yongwang menglecheng (Sanhe) Business Management Co., Ltd., Yongwang (China) Investment Co., Ltd. and Yongwang menglecheng (China) Business Management Co., Ltd. by CBCGDF. The judgment of the case is as follows (see Figures 1 and 2):
1、 The defendant Yongwang menglecheng (Sanhe) Business Management Co., Ltd. shall, within 15 days from the effective date of this judgment, compensate for the cost of ecological environment restoration and the cost of service function loss of RMB 1400000 (paid to the special account for ecological environment damage compensation designated by the court);
2、 The defendant Yongwang menglecheng (Sanhe) Business Management Co., Ltd. shall apologize to the public in the national media and the provincial media of Hebei Province within 15 days from the effective date of this judgment (the content shall be reviewed by the court). If it fails to perform within the time limit, the main contents of this judgment will be published in the national media and the provincial media of Hebei Province, and the expenses shall be borne by the defendant Yongwang menglecheng (Sanhe) Business Management Co., Ltd.
This case is the first case of environmental public interest litigation for smoking control in indoor public places in China, and it is also the first case to reflect the demands of environmental protection and smoking control in public interest litigation at the same time. The case concerns the public environmental interests of children themed shopping malls, which has a significant social impact.
The case is another successful case in smoking control in indoor public places after the Beijing smokeless train case. the Policy and Law Department of CBCGDF hopes to further realize the comprehensive ban on smoking in indoor public places in China, which is the requirement of the WHO Framework Convention on smoking control. This means that smoking in public places, smoking rooms or smoking areas in any form cannot be set up in public places.
The Policy and Law Department of CBCGDF will continue to launch relevant reports on this case.
Translator/Holly
original text: https://mp.weixin.qq.com/s/vTxeiRzlrRN0-K32_2aOVw
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