Turning 'destroyers' into eco 'guardians'

Labor substitution

Beyond punishing offenders, environmental and ecological restoration is the bigger challenge.

Traditional marine ecological restoration often relies on releasing juvenile fish into the sea to enhance stocks. But the costs are high and not every offender can afford it, said Tan Bangyi, who heads the criminal division at the Gangkou district court.

He pointed to Xu's case as a typical judicial practice of using "labor substitution" in lieu of cash compensation. This approach is particularly valuable when offenders are unable to pay recompense, as it ensures that some form of restoration still takes place, Tan said.

"Xu's illegal fishing directly harmed the coastal ecosystem. By locating his labor site near the affected waters and close to his home, we made it easier for him to carry out regular shoreline cleanups and marine conservation work," he said.

The court has always adhered to the principle of prioritizing ecology and making the polluter pay, Tan said.

"This move avoids situations where judgments cannot be enforced while also compelling offenders to confront the damage they caused, achieving an educational effect," he added. "It also helps the destroyers develop a personal connection to the environment they harmed."

Huang Xiaoning, presiding judge of the criminal division at the people's court in Ningming county, Chongzuo city, said substituting payment of compensation with labor reflects a balanced approach to criminal justice.

It serves as an alternative form of compensation in environmental public interest litigation, typically applied when offenders have damaged the environment but cannot afford to pay compensation.