Guiding Case No. 210

Guiding Case No. 210: Jiujiang Municipal People's Government v. Jiangxi Zhengpeng Environmental Protection Technology Co., Ltd., Hangzhou Lianxin Building Materials Co., Ltd., Li De et al.

A competent authority may sue remaining obligors after reaching a pre-suit ecological-damage settlement with only some parties, and the civil case need not await the outcome of parallel criminal proceedings if the facts are sufficiently proved. An actual controller who uses the company as the vehicle for illegal pollution disposal may be held jointly responsible with the company.

Holding

A competent authority may sue remaining obligors after reaching a pre-suit ecological-damage settlement with only some parties, and the civil case need not await the outcome of parallel criminal proceedings if the facts are sufficiently proved. An actual controller who uses the company as the vehicle for illegal pollution disposal may be held jointly responsible with the company.

Issues

partial pre-suit consultationcivil adjudication alongside criminal proceedingsjoint responsibility of actual controller and company