Reporter Tu Wenhua and intern Wu Qunzhen reported: During the Spring Festival, two men in Chengbu County, Shaoyang City, Hunan Province, were taken to criminal compulsory measures of release on guarantee pending further investigation for using cannon battles (large firecrackers) to kill 6 finger-sized fish, which aroused widespread concern and heated discussion. On February 23, Zhang Fangshan, a law professor at Nanchang University, said in an interview with reporters from Dajiang Network and Dajiang News Client that the two men had not violated the criminal law, and that it was inappropriate to directly use the criminal law to regulate it, and that they could be punished according to the Public Security Administration Law.
"MiaoXiang Chengbu" message (now deleted)
Killed 6 small fish with firecrackers Two men were released on bail pending trial
Recently, the public account "Miao Xiang Chengbu" released a message, on February 14, Lan Mou and Jiang Mou, villagers of Taiping Village, Dankou Town, Chengbu Miao Autonomous County, Shaoyang City, Hunan Province, threw large firecrackers into the river and blew them to death and fished 6 wild river fish with net pockets.
Because the two violated the provisions of the "Circular of the People's Government of Chengbu Miao Autonomous County on the Comprehensive Ban on Fishing in the Natural Waters of the Whole County", violated article 340 of the Criminal Law of the People's Republic of China, and were suspected of illegal fishing for aquatic products, they have been taken by the county forest public security bureau to take compulsory measures of release on guarantee pending further investigation in accordance with the law.
The picture shows a man pointing at a small fish the size of six fingers, a firecracker, and a half-cut firecracker paper. At present, the official account tweet has been deleted. However, the news did not go away, setting off a storm of public opinion on the Internet, the parties involved in the case used firecrackers to kill 6 small fish and were taken criminal compulsory measures on suspicion of illegal fishing for aquatic products, was it considered too heavy? Spark a discussion.
Law Professor: It would be inappropriate to impose criminal sanctions on the lighter circumstances of this case
In this regard, the reporter of Dajiang Network and Dajiang News Client interviewed Zhang Fangshan, a law professor and postdoctoral fellow of Nanchang University. He believes that the two men involved in the case have not violated the criminal law and should not be subject to criminal sanctions.
According to Zhang Fangshan, the crime of illegal fishing for aquatic products provided for in the Criminal Law refers to the act of fishing in a closed fishing area or during a closed fishing period or using prohibited tools or methods in violation of laws and regulations on the protection of aquatic resources, with serious circumstances. The so-called serious circumstances mainly refer to the illegal fishing of aquatic products in large quantities; the organization or gathering of people to illegally fish for aquatic products; those who often illegally fish for aquatic products without changing their ways; those who illegally fish for important or valuable aquatic animals under key protection; those who fish aquatic products by methods that are prohibited from being used, causing major losses to aquatic resources; those who illegally resist fishery administration management and commit murder and beat fishery administration managers. Where the circumstances are minor and the harm is not great, they shall not be punished as crimes.
"Although frying fish is a prohibited act, the so-called fried fish generally refers to explosives such as detonators that are relatively destructive, and in this case, the fried fish is a general civilian firecracker, which does not belong to the scope prohibited by the criminal law." Moreover, this case did not cause serious consequences and losses, and it is the first time to violate the law, so I do not think that this case constitutes the crime of illegal fishing for aquatic products. Zhang Fangshan said.
With regard to this case, Zhang Fangshan believes that it is inappropriate to directly use the criminal law to regulate it, and can refer to the "Public Security Administration Law", "Fisheries Law", "Chengbu Miao Autonomous County People's Government Notice on the Complete Ban on Fishing in the County's Natural Waters" and other laws and regulations or normative documents for punishment.