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: The circumstances of this case are relatively minor, and it would be inappropriate to take criminal sanctions
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.
Not the first case of similar acts have been subject to criminal coercive measures
On February 23, the reporter learned from the information released by the "Chengbu Public Security" WeChat public account that similar situations are not the first in Chengbu, and the Chengbu Public Security Bureau has repeatedly taken criminal measures against villagers for illegal fishing and hunting.
Li Mouqiu's fishing of about 0.9 kilograms of fish and shrimp was taken criminal compulsory measures (source: "Chengbu Public Security" public number)
According to the "Chengbu Public Security" news, on November 6, 2020, in the river channel of Xinshi Village, Dankou Town, villager Li Mouqiu used a filament fishing net to catch wild fish weighing about 0.9 kilograms; on November 22, 2020, He Mou, a villager in Pengying Village, Tingping Township, used a hemp fish machine to illegally electric fish, and there were only three crucian carps in the text; on December 7, 2020, Li Mou, a villager in Pengying Village, Tingping Township, was taken to take criminal compulsory measures of release on guarantee pending trial for illegal electric fish using an electric hemp machine.
Yang Mou's hunting tools (Source: "Chengbu Public Security" public number)
In addition, the public account news, during December 2020, Yang Mou, a villager in Jinyan Village, Dankou Town, placed clips to hunt animals, although he did not hunt wild animals, but his behavior violated the Criminal Law of the People's Republic of China, and he was also taken compulsory measures of release on guarantee pending further investigation.
On February 23, reporters from Dajiang Net and Dajiang News Client asked the Chengbu County Forest Public Security Bureau about the progress of the man's case of using firecrackers to fry fish, and the other party said that it would not respond to the incident. To this end, the reporter contacted the Propaganda Department of the Chengbu County Party Committee, according to the staff response, the incident is still being handled, and the specific progress will wait for the official announcement. In this regard, dajiang network, dajiang news client reporters will continue to follow up.
Netizen view: Some support severe punishment, and some believe that the circumstances are less serious and should not be too severely punished
The act of criminal punishment of the two villagers by the Chengbu Forest Public Security Bureau triggered a heated discussion among netizens.
@Moon Bay: Judging from the pictures, the firecrackers used are not ordinary fireworks, but homemade explosives, which shows that their behavior must not be temporary. Therefore, I support the public security organs in strictly handling them according to law.
@I am here: firecracker fried fish is pure entertainment behavior, there is no subjective criminal awareness, harmful behavior is obviously not large. The so-called fried fish should be the act of detonator explosives as explosives, and firecrackers are obviously not explosives.
@Nanshan: The plot is minor, and it is not deliberate fishing, so there is no need to move the criminal law out, right?
@Prodigal Son: Support the police to strictly enforce the law, this crime should be convicted by behavior, and should not be convicted by the severity of the consequences.
Complaints, materials, rights protection, you can contact Dajiang Network, Dajiang News client. News Feed WeChat: dajiangnews, news hotline: 0791-86849124.