Cover News Reporter Song Xiao
On December 20, the reporter learned from the Second Court of Chengdu Railway Transport (Sichuan Giant Panda National Park Ecological Court) that recently, the court tried a case of hunting national second-class key protected wild animals, the defendant He Mouming hunted 1 Chinese serow and 1 Chinese impala, and the court sentenced He Mouming to two years in prison, suspended for three years, and fined 1,000 yuan for the crime of endangering precious and endangered wild animals. At the same time, in the process of ecological restoration, the court also introduced specially invited supervisors to participate in ecological protection and restoration for the first time.
Chinese impala (Source: WeChat public account of Chengdu Railway Transport Second Court)
The man hunts wild animals under the "second national protection".
He was sentenced to two years in prison and had to bear 666 working days of labor
In September 2021, in order to hunt wild animals for his own consumption, He Mouming hunted 1 wild animal of the national second-class key protected wild animals Chinese serow and Chinese impala, and the overall value of the (Chinese) impala species and the (Chinese) serow species was 50,000 yuan per animal.
The procuratorate prosecuted He Mouming for the crime of endangering precious and endangered wild animals, and at the same time filed an attached civil public interest lawsuit, arguing that He Mouming's illegal hunting of national second-class key protected wild animals violated the provisions of Article 21 of the "Wildlife Protection Law of the People's Republic of China", harmed the public interest, and endangered the stability of the local ecosystem, and requested that He Mouming be sentenced to bear the loss of the overall value of wild animal species of 100,000 yuan in the form of monetary payment or "labor compensation".
In the end, the court sentenced the defendant He Mouming to two years in prison, suspended for three years, and fined 1,000 yuan for the crime of endangering precious and endangered wild animals.
Chinese serow (Source: WeChat public account of Chengdu Railway Transport Second Court)
For the part of the attached civil public interest litigation, because He Mouming and his wife took the initiative to sign a labor compensation agreement with the village committee where the case occurred after the incident, the two parties agreed that He Mouming and his wife would perform environmental protection work in the local road area leading to the Tangjiahe National Nature Reserve, and the workload of 100,000 yuan for labor compensation was determined to be 666 working days according to the local gig wage standard of 150 yuan per day.
The public interest litigation plaintiff also has no objection to the content of the substitution of labor compensation for the above-mentioned labor compensation. Based on the nature of the case, the circumstances of the crime, and the special circumstances of He Mouming's family's financial difficulties, the court finally ruled that He Mouming should undertake 666 working days of labor work instead of compensating him for the loss of the overall value of wildlife species caused by the destruction of the ecological environment by 100,000 yuan.
Introduced for the first time!
The court hired a special supervisor for ecological restoration
Participate in ecological protection and restoration
It is understood that in order to ensure that the responsibility for ecological environment restoration is fulfilled in place, after the judgment of the case came into effect, the court specially hired the village secretary of the village committee where the case occurred as the specially invited supervisor of ecological environment restoration in this case for a period of three years.
It is understood that this move is to give full play to the positive guiding role of grassroots organizations, social groups, and industry associations and environmental protection volunteers, deepen public participation in environmental justice, and unite greater social synergy in ecological and environmental protection. Fully fulfill the responsibility of ecological restoration, and promote the transformation from case adjudication to environmental governance.
Among them, the specially invited supervisors of ecological environmental restoration are mainly selected and hired from the relevant staff of streets, townships, communities, and village groups within the jurisdiction of the court's case, volunteers of ecological and environmental protection organizations, and people who are enthusiastic about environmental protection. Problems such as unsatisfactory restoration should be corrected and guided in a timely manner, comprehensively urging the parties to fulfill their responsibilities for ecological restoration, and promptly giving feedback to the courts and local judicial bureaus on the situation of each supervision, as an important part of the investigation of the probationary period of the parties, to ensure that the restoration responsibilities are implemented in detail.
At the same time, the special supervisor of ecological environment restoration also undertakes the obligation to preach environmental protection, "every restoration supervision" is "an environmental protection lecture", through the case ecological restoration supervision supplemented by in-depth and normalized environmental protection propaganda, so that the laws and regulations from the rigid constraints of the "text law" into the people consciously abide by the "inner law".
What kind of people can be invited supervisors for ecological restoration?
Yu Qi, vice president of the Second Court of Chengdu Railway Transport, told reporters that the main responsibilities of the specially invited supervisors of ecological environmental restoration include: (1) supervising the performance of ecological restoration obligations by the parties in specific cases, and providing timely feedback when problems are found; (2) Actively participating in the publicity and education activities of ecological environmental protection organized by the court, publicizing laws, regulations, policies, and typical cases of ecological environmental protection, and advocating a green and low-carbon lifestyle; (4) Adhere to principles, supervise in accordance with law, and handle other entrusted supervision matters.
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