Clams
Qiu
The name chē qú began in the Han Dynasty. Song Dynasty Cheng Dachang's "Performing Prosperity and Dew Chequ" recorded: "The car owner, the car also; Ditch people, ruts also. "Because there are radial grooves on the surface of its shell, which resemble ancient ruts, it is called a car channel. Because it is as hard as a stone, the artifacts made by craftsmen after careful study have a pearl-like luster, comparable to jade, so they are classified as gemstones, and stone characters are added next to the car canal, called "clams".
Clams are the "King of Shells" in the marine world
——is a marine aquatic animal,
National protected animals!
It's huge, white as ivory.
The luster is like a pearl, and the texture is like a growth ring.
But some people covet its "beauty",
Embark on the path of breaking the law and committing crimes...
The Xiangzhou court pronounced a verdict in a criminal incidental civil public interest litigation case involving the "Bei Wang" clams in the sea, and the defendant Yuan was finally sentenced to one year in prison, suspended for two years, and fined 30,000 yuan for the crime of illegally purchasing and selling precious and endangered wildlife products; In addition, more than 150,000 yuan of damage to the ecological environment must be compensated, and a public apology must be made in the news media at or above the municipal level.
Sticker bar "sales post" to attract attention
When Yuan was bored and idle, he saw someone playing a small advertisement in the sticker bar and selling clamshells. Yuan likes to collect rare things on weekdays, and knows that clamshells are rare in the market, so he added "landlord" WeChat to chat. The "landlord" immediately sent some pictures and videos of the shell to Yuan, saying that the price of the shell is related to the size, and the shell with a length of 50 cm costs about 1,500 yuan, and a 70 cm shell costs more than 2,000 yuan.
After some bargaining, Yuan finally sold three orders at the "landlord's" Taobao store for a total price of 3,200 yuan. In order to avoid inspection, the seller "carefully" changed the order to "Hainan Tanmen Nanhai Wild Ice Fresh Red Conch Meat" and "Special Gift 0.8 Water Permeability Tiny Flaws 108 Buddha Beads". After the transaction, Yuan's interest did not decrease, and he bought 350 yuan of clamshells from another seller on "idle fish", and the seller also did not fill in the transaction items truthfully, but "disguised" the clamshells as "giant shell jade treasures".
"Stock" is quite abundant and wants to change hands
In less than half a year, Yuan purchased a total of 38 clamshells, the largest of which was about 72 cm long and 45 cm wide, and the smallest was 30 cm long and 18 cm wide. Because the clamshell was very large and could not be placed at home, Yuan had the idea of selling. Yuan hung part of the clamshell on the "idle fish" and sold it. However, both times the sale was unsuccessful due to the "buyer closing deal". Before waiting for the third trading opportunity, Yuan was arrested by the public security police at home.
It was identified that 8 of the clamshells in Yuan's home were shells of the bivalve clam of the family Clamaceae, and the remaining 30 were shells of species of the bivalve clam family (non-Clamaceae). Clams kouli and non-C. kushi belong to the first-class protected wildlife and the national second-class protected wild animals, respectively, and are listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Judicial Appraisal Center comprehensively considered factors such as the utilization part of the clamshell products involved in the case, the degree of harm to animals, and determined that the value of the animal products involved in the case was 150,150 yuan.
It doesn't sell
Also punishable
After hearing, the court held that the defendant Yuan's illegal purchase and sale of precious and endangered wildlife products had violated the criminal law of the mainland, constituting the crime of illegally purchasing and selling precious and endangered wildlife products. Defendant Yuan has already begun to commit the crime of selling wildlife products involved in the case, but due to reasons other than his will, he has not succeeded, which is an attempted crime, and can be given a lighter punishment according to law than the completed offender. Defendant Yuan's criminal act infringed on wildlife resources, destroyed biodiversity and ecological balance, and harmed the public interest, and shall bear civil compensation according to law.
During the trial of the case, the defendant Yuan voluntarily paid the fine and fulfilled all the compensation for losses, and made the aforementioned judgment based on the circumstances of his crime and his expression of repentance.
Tips
In March 2021, the Supreme People's Court and the Supreme People's Procuratorate issued the Supplementary Provisions on the Enforcement of <中华人民共和国刑法>Determined Crimes (VII), amending the crime of "illegally purchasing and selling precious and endangered wildlife products" to "endangering precious and endangered wild animals".
Clams are the largest bivalve shells in the ocean, with slow growth rates and sparse populations, which play a role in maintaining the health and stability of ecosystems. In fact, not only clams, but all precious and endangered wild animals are an irreplaceable and difficult to recover natural resource, and are the common precious wealth of all mankind. But there are always people who, either out of curiosity or for profit, commit crimes against precious and endangered wildlife. In order to strengthen the key protection of precious and endangered wild animals, the current laws and regulations have gradually established a full-chain, all-round punishment system, whether hunting and killing live animals, or buying, transporting, selling products or dead bodies, whether it is a buyer, seller or transportation party, etc., will be severely punished by law.
Editor: Qu Qiuyi
Preliminary judge: Chen Yunhua, Guo Shiqi
Reviewer: Wang Biao
Source: Xiangzhou Court, Longgang Cultural and Sports Tong