(1) Basic facts of the case
On May 16, 2022, Wang Mouqian participated in the "Spring Sacrifice" folk activity in a village in Sunan County, Gansu Province, and after lighting the supplies in the "simmering mulberry" link, he failed to ensure that the fire was completely extinguished and left the scene, which eventually led to a forest and grassland fire. The fire burned an area of 121.69 acres, causing losses of 468578 yuan. The People's Procuratorate of Qilian Mountain Forest District prosecuted Wang Mouqian and at the same time filed an attached civil public interest lawsuit, requiring him to bear criminal liability and civil tort liability.
(2) Handling opinions
The Qilian Mountain Forest District People's Court in Gansu Province found that Wang's previous actions constituted the crime of arson, and sentenced him to nine months in prison, suspended for one year and six months, and confiscated the lighter, the tool used in the crime. At the same time, the court ruled that Wang Mouqian completed the ecological restoration task in accordance with the "Operation Design of the Replanting Project of Wenshu Nanshan in Qifeng Tibetan Township, Sunan County", and if it was not completed within the time limit, he would bear the ecological restoration cost of 986,700 yuan or bear the corresponding cost according to the later assessment amount.
(3) Case analysis
The court's judgment not only reflects the importance of ecological environmental protection, but also reflects the prudent handling of the conflict between traditional folk culture and modern legal norms.
First of all, the court accurately characterized Wang's previous act of causing fire, and fully considered the mitigating circumstances such as Wang's former voluntary surrender and voluntary admission of guilt and punishment when sentencing, and determined that his behavior constituted the crime of fire in strict accordance with the provisions of Article 115 of the Criminal Law of the People's Republic of China. This judgment makes it clear that even in traditional folk activities, the regulations on the safe use of fire must be strictly observed, and in the event of serious consequences caused by personal negligence, the corresponding legal responsibility must be borne. At the same time, the court not only achieved the purpose of punishment and education, but also helped him reform and reintegrate into society.
Thirdly, the court emphasized the importance of ecological environment restoration in the judgment, and required Wang to complete the ecological restoration task according to the design of a professional organization. This judgment not only reflects the direct restoration and compensation of the damaged ecological environment, but also vigorously pursues the responsibility of those who damage the environment. By requiring the perpetrator to participate in ecological restoration, the court actually provides an opportunity for the perpetrator to make up for his mistakes and restore the environment, which helps to achieve the unity of legal and social effects.
In addition, the court also reflects respect for the local ethnic customs and culture in its rulings. In the Qilian Mountains, an area inhabited by many ethnic groups, the use of fire in the wild is part of some ethnic customs, and the court went to the place where the crime occurred to announce the verdict by strengthening the concept of active justice, and explained the law with the case, which not only reminded the general public to improve the awareness of fire prevention and safe fire use in the forest and grassland, but also emphasized that while inheriting the national customs and culture, it is necessary to jointly protect the green home on which they depend.
Finally, the verdict in this case also has an important educational and preventive role. Through the public announcement of the verdict and the interpretation of the law by cases, the court conveyed to the public the importance of strengthening the awareness of forest and grassland fire prevention, which is conducive to improving the public's awareness of law and environmental protection, promoting the implementation of ecological and environmental protection regulations, and also providing important guidance and reference for the handling of similar cases.
(4) Summary of views
1. Criminal liability for crimes of negligence is also entailed. Wang's previous fire case highlights that even if there is no subjective malice, if negligent behavior causes serious consequences, criminal liability is still required. In this case, Wang's failure to properly handle the fire led to the fire, and although his actions were unintentional, the losses caused were huge. The court's decision sends a clear message: members of society must take responsibility for their actions, especially in activities that can lead to serious consequences, and all precautions must be taken. This responsibility mechanism is the key to maintaining social order and protecting the safety of citizens' lives and property.
2. The environmental damage shall be responsible for the restoration of the ecological damage caused by its actions. The court's request for Wang to complete the task of ecological restoration reflects the legal requirement of restoring the damaged environment. This judgment is not only a punishment for Wang's predecessors, but also a compensation and restoration of the natural environment, emphasizing that environmental damageers should bear the responsibility for restoring the ecological damage caused by their actions. By requiring Wang to participate in ecological restoration, the court actually provided an opportunity for Wang to make up for his mistakes and restore the environment, which helped to achieve the unity of legal and social effects.
3. Respect national customs, but also safeguard legal responsibility. In this case, the court, while respecting national customs, also emphasized the importance of complying with the law. This shows that while inheriting and protecting the national culture, it is necessary to ensure that the relevant activities comply with the law and do not endanger public safety and the ecological environment. The Court's decision reminds us that while enjoying and passing on traditional customs, it is important to ensure that they are in harmony with modern legal norms in order to guarantee social harmony and environmental sustainability.
4. Humanistic care should also be reflected in sentencing. When sentencing, the court considered the circumstances of Wang's previous voluntary surrender and his attitude of voluntarily admitting guilt and accepting punishment, which reflects that while punishing crimes, the judiciary also pays attention to humanistic care and education and transformation of criminals, and gives them the opportunity to reintegrate into society. This method of sentencing not only contributes to the punishment and deterrence of criminal acts, but also contributes to the rehabilitation of offenders and social harmony. By giving offenders the opportunity to rehabilitate themselves, social harmony can be promoted and the legal and social effects can be reconciled.
Relevant Legal Provisions/ Further Reading
Criminal Law of the People's Republic of China
Article 115
[Crimes of arson, breaching water, exploding, disseminating dangerous substances, and endangering public safety by dangerous means] Whoever causes serious injury or death to a person or causes major losses to public or private property by arson, breaching water, exploding, or disseminating poisonous, radioactive, or infectious disease pathogens, or using other dangerous methods, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Whoever commits the crime in the preceding paragraph by negligence is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment or short-term detention is to be given.
Civil Code of the People's Republic of China
Article 1229
Where damage to others is caused by polluting the environment or destroying the ecology, the infringer shall bear tort liability.
Article 1234
Where damage to the ecological environment is caused in violation of state provisions, and the ecological environment can be restored, the organs provided for by the state or organizations provided for by law have the right to request that the infringer bear responsibility for restoration within a reasonable period of time. Where the infringer fails to make repairs within the time limit, the organs provided for by the state or organizations provided by law may carry out the repairs on their own or by entrusting others, and the necessary costs are to be borne by the infringer.
Article 1235
Where damage to the ecological environment is caused in violation of state provisions, the organs prescribed by the state or organizations prescribed by law have the right to request the infringer to compensate for the following losses and expenses:
(1) Losses caused by the loss of service functions during the period from damage to the ecological environment to the completion of restoration;
(2) Losses caused by permanent damage to ecological and environmental functions;
(3) Expenses for investigations, appraisals, and assessments of ecological and environmental damages;
(4) Expenses for cleaning up pollution and restoring the ecological environment;
(5) Reasonable expenses incurred to prevent the occurrence and expansion of damage.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Environmental Public Interest Civil Litigation Cases
Article 18
The plaintiff may request that the defendant bear civil liability such as stopping the infringement, removing the obstruction, eliminating the danger, restoring the original state, compensating for losses, or making a formal apology for conduct that pollutes the environment or destroys the ecology, has already harmed the public interest, or has a major risk of harming the public interest.
Article 20
Where the plaintiff requests restitution, the people's court may make a judgment in accordance with law that the defendant should restore the ecological environment to the state and function before the damage occurred. If it cannot be completely repaired, alternative restoration methods may be permitted.
At the same time as making a judgment for the defendant to restore the ecological environment, the people's court may determine the costs of ecological environment restoration that the defendant should bear if the defendant does not perform its restoration obligations; It is also possible to directly order the defendant to bear the costs of ecological restoration.
The cost of ecological environment restoration includes the cost of formulating and implementing the restoration plan, as well as the cost of monitoring and supervision.
Forest Fire Prevention Regulations
Article 25
During the forest fire prevention period, it is forbidden to use fire in the wild in the forest fire prevention area. If it is really necessary to use fire in the wild due to special circumstances such as the prevention and control of diseases, insects, rodents, frost damage, etc., it shall be approved by the people's government at the county level, and fire prevention measures shall be taken in accordance with the requirements to strictly prevent fires; Where it is necessary to enter a forest fire prevention area to conduct live-fire drills, blasting and other activities, it shall be approved by the competent forestry department of the people's government of the province, autonomous region or municipality directly under the Central Government, and necessary fire prevention measures shall be taken; Where the Chinese People's Liberation Army and the Chinese People's Armed Police Force need to enter a forest fire prevention area for handling emergencies or performing other urgent tasks, they shall obtain the approval of the competent department at a higher level and take necessary fire prevention measures.
Article 50
In violation of the provisions of these Regulations, if fire is used in the wild in the forest fire prevention area without approval during the forest fire prevention period, the competent forestry department of the local people's government at or above the county level shall order it to stop the illegal act, give a warning, and impose a fine of not less than 200 yuan but not more than 3,000 yuan on the individual, and a fine of not less than 10,000 yuan but not more than 50,000 yuan on the unit.
Measures for Forest Fire Prevention in Beijing
Article 14
Outside the forest fire prevention period, the productive wildland use of fire in forests, woods and woodlands shall be subject to the consent of the managers of forests, woods and woodlands.
Outside the forest fire prevention period, if the operators and managers of forests, woods and woodlands allow relevant personnel to carry out picnics, barbecues and other activities within the scope of their operation and management and need to use fire in the wild, they shall demarcate the activity area, set up conspicuous fire use boundaries, publicize the requirements and precautions for wild fire use, and equip forest fire prevention equipment to ensure fire safety.
Managers of forests, woods and woodlands shall strengthen supervision and inspection of fire-use behaviors to prevent forest fires.
Article 29
In violation of the provisions of article 14th of these measures, do not accept the management of forests, woods and woodlands on the management, requirements and inspection of fires, causing forest fires, by the district and county landscaping administrative departments shall be fined more than 1,000 yuan and 10,000 yuan.
