China’s Supreme People’s Court amends nine judicial interpretations on ecological environment – aligning with the Ecological Environment Code

On 5 August 2026, China’s Supreme People’s Court (SPC) issued the “Decision on Amending Nine Judicial Interpretations Including the Provisions on Several Issues Concerning the Trial of Ship Oil Pollution Damage Compensation Dispute Cases” (Fa Shi [2026] No. 16), adopted at the 1980th meeting of the SPC Adjudication Committee on 27 July 2026. The amendments will take effect on 15 August 2026 and represent a significant step in aligning China’s ecological environment adjudication framework with the Ecological and Environmental Code (the Code).

Overview and background

The amendments affect nine judicial interpretations spanning ship oil pollution, ecological environmental civil public interest litigation, marine ecological environment damage compensation, ecological environment tort liability, punitive damages, injunctive relief, forest resources, burden of proof, and evidence rules. The overarching objective is to ensure that these judicial interpretations reflect the integrated legal framework established by the Code, which consolidates what were previously separate environmental statutes into a single codified instrument.

For international readers, it is important to understand that SPC judicial interpretations are a distinctive feature of China’s legal system. Unlike common-law judicial precedent arising from individual cases, judicial interpretations are general, rule-like instruments adopted by the SPC’s Adjudication Committee. They are legally binding rules issued by the SPC to clarify how laws are to be applied by all courts nationwide. As a source of law, judicial interpretations are critically important in practice, providing detailed, operational guidance for courts.

The nine amended judicial interpretations are:

1. Provisions on Several Issues Concerning the Trial of Ship Oil Pollution Damage Compensation Dispute Cases
2. Interpretation on the Application of Law in the Trial of Ecological Environment Civil Public Interest Litigation Cases
3. Provisions on Several Issues Concerning the Trial of Marine Ecological Environment Damage Compensation Dispute Cases
4. Several Provisions on the Trial of Ecological Environment Damage Compensation Cases (Trial Implementation)
5. Several Provisions on the Application of Injunctive Relief Preservation Measures in Ecological Environment Tort Cases
6. Interpretation on the Application of Punitive Damages in the Trial of Ecological Environment Tort Dispute Cases
7. Interpretation on the Application of Law in the Trial of Forest Resources Civil Dispute Cases
8. Interpretation on the Application of Law in the Trial of Ecological Environment Tort Liability Dispute Cases
9. Several Provisions on Evidence in Ecological Environment Tort Civil Litigation

Key amendments

(1) Comprehensive introduction of the Ecological and Environmental Code as a legal basis

The preambles to all nine judicial interpretations now cite the Code as a basis for their formulation. As the individual statutes, such as the Environmental Protection Law of the People’s Republic of China and the Marine Environmental Protection Law of the People's Republic of China, will be repealed simultaneously when the Code comes into effect, references to these individual statutes have been replaced with references to the Code.

(2) Name changes and terminology standardisation

• “Environmental civil public interest litigation” has been uniformly changed to “ecological and environmental civil public interest litigation”.
• “Compensation for damage to marine natural resources and the marine ecological environment” has been simplified to “compensation for marine ecological and environmental damage”.
• Legal citations in relevant provisions have been updated from references such as Article 58 of the former Environmental Protection Law to corresponding references such as Article 147 of the Code.

(3) Expansion of compensation scope for pollution of the marine environment or damage to the marine ecology

One substantial amendment to the Provisions on Several Issues Concerning the Trial of Marine Ecological Environment Damage Compensation Dispute Cases is that an additional category (v), namely, “losses caused by permanent damage to marine ecological and environmental functions”, has been added to the compensation scope for pollution of the marine environment or damage to the marine ecology, expanding the existing four categories (i.e., “costs of preventive measures”, “restoration costs”, “losses during the restoration period”, and “investigation and assessment costs”), see Article 7.

(4) Changes to ecological and environmental tort liability rules

• The Interpretation on the Application of Law in the Trial of Ecological Environment Tort Liability Dispute Cases was updated to provide that environmental impact assessment agencies, environmental monitoring agencies, and other ecological and environmental technical service agencies may bear joint and several liability together with their principals under certain circumstances pursuant to Article 1067 of the Code.
• New “green and low-carbon obligations” clause: A new provision has been added to both the Interpretation on the Application of Law in the Trial of Ecological Environment Tort Liability Dispute Cases and Several Provisions on Evidence in Ecological Environment Tort Civil Litigation, clarifying that civil disputes arising from damage caused by the violation of green and low-carbon obligations shall be governed by the relevant judicial interpretations. This is the first time that, at the judicial interpretation level, a violation of green and low-carbon obligations has been incorporated into the ecological and environmental tort liability system.

(5) Determination of “intent” in the context of punitive damages

Original Article 7 (containing enumerated circumstances to be deemed as “intent”) of the Interpretation on the Application of Punitive Damages in the Trial of Ecological Environment Tort Dispute Cases is deleted. This may mean that courts will have greater discretion in determining what constitutes “intent”.

Practical implications

Green and low-carbon compliance risk

The introduction of green and low-carbon obligations into the tort liability framework is the most significant development for businesses operating in or connected with China. Companies in energy, manufacturing, shipping, and other carbon-intensive sectors should review and strengthen carbon emissions compliance systems, monitor applicable industry standards and energy-consumption benchmarks, and incorporate appropriate green and low-carbon risk-allocation provisions into supply-chain, joint-venture and project-finance contracts.

Maritime and shipping

The alignment of ship oil pollution damage compensation rules and other regulations with the Code may require shipping companies and insurers to reassess existing oil pollution liability insurance arrangements and risk management systems.

Dispute resolution

The existing jurisdiction rules and the burden-of-proof framework continue to apply, now with references to the Code, allowing parties to make informed decisions in relation to forum, while the early collection and preservation of evidence are ever important.

Conclusion

The amendments take effect on 15 August 2026, simultaneously with the 1,242-article Ecological and Environmental Code. A prompt review of compliance frameworks, contractual arrangements, insurance coverage, and dispute-resolution protocols is recommended.

Client Alert 2026-165