Latest judicial interpretation clarifies law protecting black soil

China's top judicial authorities have pledged to impose harsh punishments on those who damage black soil through illegal excavation or pollution, as part of broader efforts to strengthen environmental protection and safeguard food security.

On Tuesday, the Supreme People's Court and the Supreme People's Procuratorate jointly issued a 14-article judicial interpretation to clarify and enforce the Black Soil Protection Law. The document, which took immediate effect, is intended to help judges and prosecutors nationwide more effectively handle crimes related to black soil degradation.

The interpretation targets common offenses such as unauthorized digging and pollution, and emphasizes the need for stricter penalties. It specifies that the illegal excavation of black soil should be prosecuted as a crime of illegally occupying agricultural land. Additionally, the discharge, dumping or disposal of radioactive materials, waste containing infectious disease pathogens or toxic substances on black soil all constitute the crime of environmental pollution.

The black soil region in Northeast China spans approximately 1.09 million square kilometers and serves as a major grain-producing area and an ecological barrier.

"With its high fertility, black soil is often used in nurseries and the flower market, leading some people to profit from illegal and indiscriminate excavation," said Wu Zhaoxiang, chief judge of the SPC's Environment and Resources Division.

In one case in Lishu county, Jilin province, a villager surnamed Liu was found to have illegally excavated black soil from arable land contracted by others and sold it between November and December 2022. Liu excavated more than 4,600 square meters of soil, destroying the arable layer and severely impacting crop production.

A court in Lishu ruled that Liu had illegally occupied agricultural land and deserved strict punishment. However, because he confessed after being apprehended and his family helped restore the damaged land, the court handed down a lenient sentence: six months' imprisonment with a one-year reprieve and a fine.

In another case, several employees of a technology company and a pigment manufacturer were convicted of transporting more than 200 metric tons of hazardous solid waste from Jiangsu province to Heilongjiang province between May and June in 2023. The waste was dumped on black soil at a farm, seriously polluting the environment.

A Heilongjiang court sentenced the defendants to prison terms ranging from 30 to 45 months and confiscated all their illegal gains.

"The toxic substances could easily contaminate crops, posing a major threat to human health, and the polluted soil is extremely difficult to restore," the court said.

Luo Qingdong, an official with the Supreme People's Procuratorate, urged prosecutors nationwide to implement the new interpretation rigorously. He also called for enhanced public education on food safety and law awareness, and said authorities will work with other departments to crack down on crimes involving black soil and bolster preventive measures.

caoyin@chinadaily.com.cn