Fuliang County handled the first case of "subscription of carbon sink + labor compensation" in Jiangxi Province

Fuliang County, Jiangxi Province, innovated the "Procuratorate + Carbon Sequestration" model and issued the "Operational Measures for Carrying out Labor Compensation in Public Interest Litigation Cases in the Field of Ecology and Environment (Trial)". On July 28, 2023, the province's first case of "subscribing to carbon sinks + labor compensation" ecological restoration criminal attached civil public interest litigation was handled, and the defendant Quan Moucai was ordered to compensate for the loss of forest ecosystem functions totaling more than RMB 72,000.

On November 1, 2022, Quan Moucai burned paper money at the foot of the mountain field of "Wubei Mountain" in Minkou Village, Yongshan Town, Leping City, causing a forest fire, resulting in a burned area of 3.9136 hectares (58.704 acres), resulting in a total loss of 72,810 yuan in forest ecosystem functions (including 10,666 yuan in carbon sequestration value). During the trial of the case, Quan took the initiative to replant and replant in other places, and after the acceptance of the local forestry department, the qualified area of afforestation was 70 acres, and 10,000 yuan was paid for the loss of forest ecosystem functions.

The People's Court of Fuliang County explained to the parties involved in the case the harmful consequences and legal responsibilities caused by the destruction of forests to the ecological environment, publicized the connotation and significance of carbon sink compensation, and guided the parties to pay 10,666 yuan in carbon sequestration loss fees at the Jiangxi Provincial Carbon Emission Trading Center, and subscribe for 213.32 tons of carbon sinks for alternative restoration.

According to Quan Moucai's application, combined with the actual situation of Quan's family difficulties and insufficient economic compensation ability, on the basis that Quan Moucai had paid 10,666 yuan for carbon sequestration loss and 10,000 yuan for the loss of forest ecosystem function, the Fuliang County People's Court decided to explore the application of "labor compensation" for the difference of 52,144 yuan that could not be compensated in this case to carry out alternative restoration.

Therefore, Quan Moucai signed a labor compensation agreement, making it clear that Quan Moucai will compensate for the loss of forest ecosystem functions by participating in fire prevention propaganda and forestry patrols, and the Forestry Office of Yongshan Town, Leping City will carry out daily supervision. The Fuliang County People's Court, in light of the fact that this case was a fire case caused by illegal use of fire, required the defendant Quan Moucai to participate in forest fire prevention inspections and other environmental public welfare services throughout the day during the key period of forest fire prevention in Jiangxi Province (October 1, 2023 to April 30, 2024), so as to promote Quan Moucai to personally maintain forest resources and publicize the concept of ecological environmental protection.