Cover news reporter Zhou Hongpan Ye Haiyan
Wild boar infestation, damage crops, Mianyang City, Sichuan Province, Beichuan County villagers Yang Xiaobing and Zeng Qiang set a trap, caught a small wild boar to take home captive, after being reported, the two were seized by the police for suspected illegal hunting.
"I helped my neighbors drive wild boars, set up a few simple rope nooses, and I was kind enough to help, but I didn't expect to break the law." On November 29, when talking about this matter, Yang Xiaobing was full of grievances, thinking that as a criminal suspect, he would stand in the defendant's seat, and he was even more worried: "I have two children, and I heard that the sentence has an impact on the future of the child, and I feel sorry for the child."
At present, the public security organs have forcibly released Yang Xiaobing and Zeng on guarantee pending further investigation, and the case has been transferred to the procuratorate for review and prosecution.
A small wild boar in a duvet cover
Set up a set to catch pigs
Catch the little wild boar and take it home for captivity
Yang Xiaobing and Zeng Qiang are villagers of Badi Village, Xiaoba Township, Beichuan County.
Because there are often wild boars in the village, damaging crops and driving away useless, on July 31 this year, Yang Xiaobing and Zeng Qiang used motorcycle clutch lines to set up several ropes in the fields where wild boars often haunted.
On August 1, the two went to the field to check and found a lasso over a small wild boar, which weighed about 10 pounds. "I didn't expect that a few simple rope nooses would really trap wild boars." Yang Xiaobing recalled that at that time, they found that the little wild boar had a wound on his left foot and looked docile, so they discussed bringing the wild boar back to breed it.
On August 20, nearby villagers discovered that Yang Xiaobing had wild boars in his home and reported them to the local police.
Where Yang Xiaobing kept wild boars in captivity
Suspected of crime
Two pig catchers will be prosecuted
"After we received the report, we went to the scene and carried out the seizure." According to the police of the Forest Police Brigade of the Beichuan County Public Security Bureau, on August 20, the police handling the case found a suspected small wild boar with brown spots in a relatively hidden pig pen in the backyard of Yang Xiaobing's home, "about 30 centimeters long and weighing about 20 kilograms." ”
The police said that according to Yang Xiaobing and Zeng Qiang's confession, if the wild boar is released, it will run back to the field to waste the crops, and they want to raise the wild boar and kill it and eat meat. After investigation, it was preliminarily determined that the two men's arrest of wild boars was suspected of illegal hunting.
At present, the public security organs have released the two people on guarantee pending further investigation, and have transferred the case to the county people's procuratorate for review and prosecution. The seized small wild boar is temporarily fostered in the Wild Animal Rescue Center of Youxian District of Mianyang City, and will be transferred to the county natural resources bureau for protection and treatment in accordance with relevant regulations after the case is completed.
On November 29, the reporter met the little wild boar in the wildlife rescue center located in Youxian District. After months of rearing, the little wild boar is still very wild, constantly circling and biting the fence from time to time.
Wild boar dilemma
Entering the village destroys crops and injures people
Becoming a criminal suspect, Yang Xiaobing felt very aggrieved and confused. "I helped my neighbors drive wild boar, and I didn't deliberately hurt or hunt the boar, but raised it."
According to local villagers, in recent years, wild boars often come down the mountain in the village. "Wild boars are very clever, they don't stare at a piece of land to eat, and what is even more annoying is that in a few days they will turn back and continue to destroy the land, very arrogant, and if they don't get a piece of land, they won't get any grain."
Wild boars not only destroy crops, but also injure people. "The impact of a small wild boar is enough to injure an adult villager." Yang Xiaobing said that in March this year, Ma Jiuyu, a 66-year-old man in Zhongfu Village, Baixiao Township, was seriously injured by a wild boar attack while working in the woodlands.
In the local area, villagers have tried to use firecrackers, gongs and drums and other methods to drive away wild boars, but as the number of wild boars increases, the wild boar's courage is also getting bigger and bigger. ”
Especially in the summer, when the corn is ripe, the wild boar is even more flooded, and flocks of them go down the mountain to eat. "Flocks of wild boars nibbled at the corn in the field, and arched the corn stalks everywhere." Yang Xiaobing said that since most of the local young people had gone out to work, the elderly in the village asked them to help see if there was any way to drive away wild boars.
Yang Xiaobing took the method of driving and scaring, and also pulled a rope around the cornfield, but to no avail. "The first two days I was able to scare away, but then I wasn't scared at all, and herds of wild boars entered the field to feed."
Department response
Individuals cannot illegally hunt wild boars
According to the police handling the case, according to the relevant provisions of the Wildlife Protection Law, incidents such as the destruction of crops by wild animals should be reported to the local natural resources institute in a timely manner. For crops destroyed by wild animals, they can be reported to the local government, and the government and insurance companies will make certain compensation for the lost crops.
In response to the current situation of frequent wild boars, the police said that when wild animals are flooded to a certain extent, they should be agreed by the competent departments to hire professional hunting teams to carry out a certain number of hunting, and individuals are not allowed to hunt privately.
In this regard, Mr. Zhao, the person in charge of the Beichuan County Wildlife Conservation Center, said that according to the relevant provisions of the Wildlife Protection Law, those who hunt wild animals that are not under national key protection should obtain a hunting license issued by the wildlife protection department of the local people's government at or above the county level in accordance with the law, and obey the management of the hunting quota. It is forbidden to hunt using poisons, explosives, electric shocks or electronic trapping devices, as well as hunting kits, hunting clips, ground guns, platoons and other tools, and it is forbidden to hunt by night lighting, annihilating hunting, destroying nests, fire attacks, smoke, netting and other methods.
Does Yang Xiaobing's captive wild boar comply with the relevant regulations? Mr. Zhao said that the cultivation of wild animals needs to go through the breeding procedures, according to the newly revised Wildlife Protection Law, except for scientific research and ornamentation, the rest of the people are not allowed to carry out artificial breeding.
Lawyer's opinion
The suspect's circumstances are significantly minor and the harm is not great
Wild boar belongs to the national "three haves" protected animals: terrestrial wild animals with important ecological, scientific and social values.
Jiang Bo, a lawyer at Sichuan Zhiren Law Firm, believes that according to the 2018 revised Wildlife Protection Law, the criteria for identifying wild animals are "important ecological, scientific and social value". At this point, the original list of terrestrial wild animals promulgated according to the standard of "beneficial or of important economic and scientific research value" is obviously not mechanically applicable, especially according to the vague concept of "beneficial" in the original standard. In recent years, wild boar disturbance incidents have occurred in an endless stream, in this case, should wild boars be identified as "important ecological value"?
In addition, according to article 66 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases Under the Jurisdiction of Public Security Organs (1): Those who hunt using prohibited tools or prohibited methods in a game reserve shall be prosecuted by filing a case.
"In the above incident, if the tool used by the suspect involved in the case is 'rope' and the method used is 'set', it is debatable whether the situation constitutes the use of 'disabled tools' or 'disabled methods'. In our common sense, "prohibited tools" or "prohibited methods" refer to guns, electricity, poison, bombing and other methods or tools that endanger the safety of people and animals or abuse wild animals. ”
Based on the above-mentioned legal provisions, Jiang Bo believes that in the above incident, the circumstances of the suspects involved in the case are obviously minor and the harm is not large, and they can not be identified as crimes. However, whether it ultimately constitutes a crime or not still needs to be determined by the judicial organs after reviewing and examining specific evidence.
(Yang Xiaobing and Zeng Qiang are pseudonyms)
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