In order to protect the crops in the field, Andy Lau, a villager in Wangcang County, Guangyuan City, Sichuan Province, once raised 3 hunting dogs to drive wild boars. However, the hounds have bitten and killed a number of impala, a national second-class protected wild animal. The news spread far and wide, and the local police immediately launched an investigation. Subsequently, Andy Lau was released on guarantee pending further investigation by the Wangcang County Forest Public Security Bureau on suspicion of illegally hunting and killing rare and endangered wild animals. On September 10, 2020, the Wangcang County Procuratorate filed a public prosecution with the court. In this regard, Andy Lau argued, "I did not deliberately hunt and kill impala, I raised dogs to drive wild boars to destroy crops, and accidentally killed impala." Moreover, before the crime, I did not know that the "gray sheep" (that is, impala) that I usually shouted was a precious and endangered wild animal. ” At the end of 2020, after the trial and judgment of the Wangcang County People's Court, Andy Lau was sentenced to three years in prison, suspended for four years, and fined 20,000 yuan, and compensated for the loss of ecological resources caused by the criminal act of 200,000 yuan.
On November 22 this year, Andy Lau told Red Star News that he had not left Wangcang County since he was sentenced to probation. Now, all three of his hounds are dead, one of them is arched by a wild boar, the other two are dead, and he has no more dogs. However, in order to have a harvest, the wild boar still had to drive it away, so he set up a shed in the crop field, lit a fire at night, and even set off firecrackers to drive the wild boar away. At the same time, he told reporters that the 20,000 yuan fine has been paid, and the 200,000 yuan ecological resource loss fee has also been paid in part.
For the problem of "wild boar disaster", the Red Star News reporter learned that it is not only The village where Andy Lau is located that suffers from it. In October this year, local netizens in Guangyuan posted online that the woodland in the upper reaches of Liuxi Township in Wangcang County had "flooded" the fields, and that wild boars had become infested, causing great damage to crops. In response, Wangcang County responded that trees that cover the fields can be shaved, and wild boar infestation is a common problem at present, and limited hunting is being implemented. Villagers whose farmland crops are damaged by wild boars can claim compensation for losses.
↑Wild boars in many parts of Sichuan have become infested, and limited hunting has been implemented
『Cause』
Three hunting dogs were raised to drive wild boars
Killed a number of impala, a national second-class protected animal
Andy Lau, 60 years old this year, is a native of Jinzhu Village, Micangshan Town, Wangcang County. Since the local area belongs to the mountainous area, potatoes and corn are grown in the crops. However, over the years, there have been more and more wild boars in the mountains, which has brought great trouble to their family.
From September to October 2010, in order to hunt wild boars that arched their crops in the field, Andy Lau placed a homemade simple wire hunting set on the slope of a local path. Many days later, Andy Lau went to the scene to check and found that he had hunted a "gray sheep" (impala), but the body had rotted and stinked, so Andy Lau used the machete he carried with him to cut off the head (with horns) of the impala, took it home to prepare for the clothes hook, and the remaining rotting impala carcass remained in place.
In September 2016, wild boars continued to destroy crops, and Andy Lau specially raised three hunting dogs to drive wild boars. Andy Lau introduced to the Red Star News reporter that the hounds are all nursing homes and driving wild boars, and they are usually open-ended. One day in September of that year, when he went out to look for a dog, he found that the hound had hunted a impala and had been bitten to death by the hound, and two hind limbs were eaten by the hound. Because of the steep terrain at the scene, he called Liu Mou of the same village to carry the remaining impala carcass home with him. After that, he peeled the impala with a fruit knife and cut off the head (with horns) of the impala with a machete, ready to make a clothing hook, and its meat was eaten at home.
In October 2017, Three of Andy Lau's hounds hunted another impala, and when he found the dog, the impala had been bitten to death by the hounds and two hind limbs were eaten by the hounds, and because the meat was fresh, he took home the rest of his front body.
Red Star News reporters learned that in November 2017, When Andy Lau's hunting dogs were driving wild boars, one of the Sharpie dogs was arched to death by wild boars. The remaining two hounds, Andy Lau, continue to use to drive wild boars.
In March 2018, the two remaining hounds hunted a impala again.
↑ The place where wild boars are imprisoned in the homes of villagers Infographic
Liu Mou, a villager in The same village as Andy Lau, confirmed that one day in September 2016, at noon, he received a call from Andy Lau saying that his dog had bitten the grey sheep to death in Huangjiaping and asked him to help carry it, after which Andy Lau bought him a Hadermen cigarette.
One day in March 2018, near noon, Andy Lau called him again, saying that his dog had bitten a grey sheep on the hillside and asked him to help carry it. After he arrived at the scene, he saw that there was a gray sheep under the tree ridge under the slope that had been bitten by a dog, and two dogs were tearing the body of the gray sheep, so he and Andy Lau carried the gray sheep to Andy Lau's house, and then Andy Lau bought him a Hademen cigarette.
"Sentenced"
He has argued that he did not intentionally kill impala
Sentenced to a criminal penalty of 200,000 yuan for the loss of ecological resources
Andy Lau's hounds hunted impala, and the local police immediately launched an investigation. On October 21, 2019, Andy Lau was released on bail by the Wangcang County Forest Public Security Bureau on suspicion of illegally hunting and killing rare and endangered wildlife. On September 10, 2020, the Wangcang County Procuratorate filed a public prosecution with the court.
"I didn't mean to hunt and kill impala, I kept dogs to drive wild boars to destroy crops, and accidentally killed impala. Moreover, before the crime, I did not know that the "gray sheep" that I usually shouted was a precious and endangered wild animal. Andy Lau said.
As to whether the death of a impala involved in September 2010 had criminal intent, the Wangcang County People's Court held that Andy Lau hunted wild animals at will, knowing that wild animals were often infested in the area where he lived, including the national second-level protected wild animal impala, according to the cognitive ability of ordinary people, Andy Lau should foresee the possibility of hunting impala, and take a laissez-faire attitude towards the harmful results, which should be indirect intentional.
As to whether the deaths of the three impalas involved in September 2016, October 2017 and March 2018 were criminal intent, the court held that Andy Lau knew that the three hunting dogs he raised had the ability to hunt wild animals, although it did not know what animals the dogs would hunt specifically, but knew that the area where they lived had the existence of the national level II protected wild animal impala, which it called the grey sheep, and it was possible to be hunted by its hunting dogs, and it was a general intention to let his hunting dogs hunt. And after knowing that dogs hunt wild animals, they also take home the uneaten parts of the dogs to eat and use sheep horns, which is enough to prove that Andy Lau has a laissez-faire mentality towards dogs hunting wild animals.
However, the court held that Andy Lau did not actively hunt and kill rare and endangered wild animals, but used dogs to hunt wild animals autonomously, which was less subjectively malignant than the typical crime of illegal hunting and killing of rare and endangered wild animals. He placed hunting holsters next to his own grain, and raised hunting dogs to drive wild animals to prevent animals from nibbling on the grain he grew, and as an ordinary farmer in the depths of the mountains, the harvest of crops could be the main source of income for a family, and he lacked legal knowledge to prevent crops from being destroyed by wild animals.
In addition, according to the identification of the Sichuan Nanshan Forestry Forensic Appraisal Center, the overall value of the species of impala that was hunted and killed was 50,000 yuan per animal.
In the end, after trial, the court convicted Andy Lau of illegal hunting and killing of rare and endangered wild animals, sentenced him to three years' imprisonment, suspended for four years, and fined 20,000 yuan, while compensating 200,000 yuan for the loss of ecological resources caused by the criminal act.
『Status Quo』
Serving a suspended sentence now light a fire to drive wild boar
Department response: Limited hunting of wild boar Damage to crops can be claimed compensation
Since being sentenced to probation, Andy Lau has not left Wangcang County, Guangyuan City, and after his two hounds died, he did not have any more dogs.
However, the crops still need to be planted, and the wild boars still need to be driven. On November 22, Andy Lau told Red Star News that his family now grows many fewer crops than before, because there are too many wild boars, and many local crops are destroyed by wild boars.
"There are no more dogs, and now in order to protect the crops, I build a shed in the crop field at night and light a fire, and the wild animals are afraid of fire." He even went to buy firecrackers and set them off when the wild boars came. Andy Lau said.
At the same time, the Red Star News reporter learned that Andy Lau has paid a fine of 20,000 yuan, and the 200,000 yuan ecological resource loss fee has also been paid partly.
↑Jinxi Town, Wangcang County, once had wild boars, and villagers' crops were destroyed Data Map
The Red Star News reporter learned that the guangyuan wangcang wild boar was plagued, and not only the Jinzhu Village in Andy Lau's Micangshan Town was deeply affected. At the end of October this year, some Guangyuan netizens posted on the Internet that the woodland in the upper reaches of Liuxi Township in Wangcang County flooded the fields, and wild boars became a disaster, which destroyed the crops a lot, lamenting that "the corn harvest is not even costly enough, the rice is also a lot of bad, and it is difficult for the elderly to plant some crops."
In response, the Wangcang County Cyberspace Administration responded that after investigation, the overgrown weeds of cultivated land reported by netizens were due to some farmers going out all year round, resulting in barren farmland. As for the problem of affecting the growth of crops in the corner of the field, the trees can be shaved and swept, and if the trees are to be harvested, the forest species and the nature of the woodland should be identified against a map of the woodland, and a forest logging permit is required.
As for the problem of "wild boar infestation", the response said that this is a common problem at present. This year, the Wangcang County Forestry Bureau has issued a target of 10 people (1 head per person) to hunt wild boars, which is currently being implemented.
Regarding the issue of wild boar damaging farmland crops, the Wangcang County Cyberspace Administration responded at the same time to clarify that it can declare loss compensation to the insurance department of the town government according to relevant policies.
Red Star News reporter Tang Xiaojun
Edited by Yu Manga
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