Repair ecological "scars" to protect green waters and green mountains

Fujian Rule of Law Daily - Straits Rule of Law Online, February 11 In Zhuba Farm, Tong'an District, Xiamen City, the agricultural land that was once severely damaged and desolate is now lush and lush, full of vegetation such as wood lotus, maple incense, casuarina, and mountain duying. Behind the gradual forest of wasteland, it is inseparable from the efforts of the Xiamen Tong'an Court to improve the ecological damage compensation and restoration mechanism and promote the judicial governance of the ecological environment.

In recent years, the Tong'an court has innovated the ecological restoration model in light of the actual situation of the case, and after replanting and re-greening, breeding and releasing, harmless treatment, and payment of ecological restoration funds, it has actively explored alternative restoration methods such as water ecological protection inspection and supervision, rule of law publicity, etc., and has continuously increased the publicity of the rule of law in ecological protection, and achieved good social results.

More than 1,100 acres of replanting and replanting in more than three years

"All stand up!" On March 11, 2021, on the eve of Arbor Day, the Tong'an Court pronounced a verdict in xiamen for the crime of fire, which was the largest in more than 20 years.

Defendant Zhou Moushui, 77, was convicted of fire and sentenced by the Tong'an Court to three years' imprisonment with a four-year suspended sentence; Compensate the victim of the ecological public welfare forest for the loss of the value of forest resources of RMB 108375; Pay RMB 95,529 for the restoration of the ecological environment of the ecological public welfare forest and RMB429,686.3 for the loss of service functions during the restoration of the ecological environment.

At the scene of the sentencing, watching the white-haired old man bow his head and confess his guilt, the crowd was overwhelmed with sighs. The source of the fire was a weed pile of only 1 square meter.

After the fire case occurred, the Tong'an court actively explored and improved the ecological damage compensation and restoration mechanism, and established a "carbon sink education practice base" for centralized off-site replanting in Nanshan Village, where the fire occurred. On the one hand, it can be used as a publicity platform for interpreting the law by case and strengthening ecological education and warning education; On the other hand, new replanting and re-greening bases can be opened to promote the implementation of ecological damage compensation and restoration.

To help the restoration of the ecological environment, the "restorative" ecological justice is not a one-time judgment, and it is also necessary to do a good job of post-judgment supervision of replanting and re-greening. On the same day, the Tong'an court also joined hands with the Tong'an Forest Police Station, the Tong'an Agricultural and Rural Bureau and other units to conduct on-site investigations of the first batch of ecological restoration cases sentenced to the first batch of ecological restoration cases that are about to expire the three-year acceptance period for households, and urge the parties to the case to truly perform their ecological restoration obligations.

After nearly two years of planting and management, the small saplings have grown into small trees three or four meters high. After the incident, the two defendants took the initiative to sign an agreement with the injured party to actively compensate for the losses and restore the ecology in order to obtain the understanding of the damaged party and strive for leniency, and the restoration agreement stipulated that the restoration area was 32.6955 mu.

It is understood that since the establishment of the Administrative and Ecological Environment Trial Division of the Tong'an Court in 2018, it has made every effort to promote the ecological restoration work involving criminals with operability, opened up the first "ecological trial carbon sink education practice base" in Xiamen, set up Xiamen's first special fund for ecological environmental damage restoration, and actively joined hands with relevant departments and social organizations to create a new mechanism for ecological and environmental criminal replanting and replanting, implementing the principle of combining restoration and multi-party supervision, and promoting the realization of replanting and replanting an area of more than 1,100 mu over the past three years. The ecological restoration rate of forest-related cases has reached 90%.

Sentencing a case to save one person's education

Ecological criminal case defendants voluntarily to schools, communities, markets and other "live talk" to carry out ecological law popularization publicity, voluntarily to ecological criminal cases in high-incidence areas for inspection and supervision, in the form of labor to complete the obligation of ecological restoration, on November 16, 2021, the Tong'an court heard such a crime of endangering precious and endangered wild animals, the defendant used labor services to compensate for ecological restoration costs, the judgment achieved good social results, known as "punishing crimes, corrective education, law popularization publicity killed three wins" Best practice cases.

Since August 2019, defendant Shen X, without obtaining an aquatic wildlife business license and having an expired business license, has placed 17 pieces of wild red coral products of aquatic wildlife under national key protection at the glass counter of the cultural play shop he operates for sale. After investigation, the 17 pieces of coral products were obtained from the defendant's purchase from others, and after appraisal, the value was at least 112,240 yuan.

In the course of the trial of the case, after the court mobilized, the defendant Shen Moumou printed the "Proposal for the Protection of Red Coral" at his own expense and distributed it in the Xiamen Antique Market, and advocated that the merchants protect the red coral, and at the same time, prepaid 12,000 yuan to the court for the execution of the fine, and voluntarily paid 20,000 yuan in ecological restoration compensation.

In the end, defendant Shen X committed the crime of endangering precious and endangered wild animals and was sentenced to eight months in prison, suspended for one year.

"The defendant is older, has financial difficulties but has plenty of time, so that the appearance of the statement advocates the protection of red corals can achieve the effect of sentencing a case to save one person's education." Hong Xiujuan, president of the Administrative and Ecological Environment Trial Division of the Tong'an Court, said.

Guard the bottom line of ecological justice and escort green and sustainable development. It is reported that in the next step, the Tong'an Court will continue to innovate the work methods of ecological environment trials, improve the trial system and mechanism, and contribute judicial strength to the protection of the ecological environment.

(Reporter Yu Jing, correspondent of the same law)