In Hainan in April, the grass and trees are sprawling, and the spring mountains can be seen. On the occasion of the International Day for the Protection of Rare Animals, the Beijing Higher People's Court, the Political and Legal Committee of the Pinggu District Party Committee, and the Pinggu District Court came to the South China Sea Museum in China (Hainan) to hold a handover ceremony for wild marine animal products, and "send rare wild animals home" thousands of miles away. An Fengde, Deputy Secretary of the Party Group and Vice President of the Beijing Higher People's Court, Han Xiaobo, Member of the Standing Committee of the Pinggu District Party Committee and Secretary of the Political and Legal Committee of Beijing, Su Qiya, Member of the Party Group and Deputy Director of the Hainan Provincial Department of Tourism, Culture, Radio, Television and Sports, and Director of the Provincial Cultural Heritage Bureau, Du Yan, Secretary of the Party Group and President of the Pinggu Court, Xin Lixue, Director of the South China Sea Museum of China (Hainan) attended the meeting. The responsible comrades of the relevant departments of the South China Sea Museum of China (Hainan) attended the ceremony, which was presided over by Zhu Lei, deputy director of the South China Sea Museum of China (Hainan).
The origin of the work, the in-depth thinking behind an environmental investment case
Tanmen Town, Qionghai City, is a thousand-year-old fishing port, known as the "Gate of the South China Sea", was once the largest trading market for the processing and sale of clams in Hainan Province, and it is also a town that prospers because of clams. In 2017, the Hainan provincial government issued a ban on the sale and purchase of clams and their products on Hainan Island.
△ Physical photos of some specimens
In July 2022, the police seized the defendants in a case heard by the Pinggu court for illegally purchasing locally produced wildlife products such as tortoiseshell specimens, clams and seal materials at the Tanmen Town Market in Qionghai City, Hainan Province, between 2014 and 2021. It has been identified that the above-mentioned wild animals are all national first-class and second-class protected aquatic wild animals. The Pinggu People's Court strictly tried the case and made a judgment in accordance with the law, confiscating the tortoiseshell specimens, clams products and seal materials seized in the case.
The confiscated clams in this case are the largest bivalve shellfish in the ocean, called "Bei Wang", and are listed as national first-class protected marine creatures; Both products are contraband. According to the Law of the People's Republic of China on the Protection of Wild Animals, the Measures for the Administration of Fines and Confiscated Property, and other relevant provisions, "wild animals and plants and their products confiscated in accordance with the law shall be handed over to the competent departments for the protection of wild animals and plants, marine law enforcement departments or relevant protected area management agencies for disposal in accordance with regulations, or with the consent of the relevant competent departments, handed over to relevant scientific research institutions for scientific research".
After sufficient investigation and communication in the early stage, and with the consent of the relevant competent authorities, the Pinggu Court decided to transfer the above-mentioned items involved in the case to the South China Sea Museum of China (Hainan) for collection and scientific research.
Solemnly handed over, professional forces to properly collect and dispose of marine wildlife products
China (Hainan) South China Sea Museum, located next to the millennium fishing port in Tanmen, Qionghai, covers an area of 150 acres, is a national first-class museum and a national 4A-level tourist attraction. There are 8 exhibitions in the museum, showing the cultural history of the South China Sea, natural ecology, underwater cultural heritage protection and the Maritime Silk Road from all angles. Since 2020, we have begun to collect natural specimens that can reflect the natural ecology of the South China Sea, and accept products confiscated and handed over by public security, border defense, customs, coast guard, courts, industry and commerce and other departments in accordance with the law.
At the ceremony, Du Yan, Secretary of the Party Leadership Group and President of the Pinggu Court, and Xin Lixue, Director of the China (Hainan) South China Sea Museum, signed a handover document to transfer the confiscated 91 pieces of tortoiseshell and clams to the China (Hainan) South China Sea Museum, including 2 tortoiseshell specimens (yellow and black markings), 1 goldfish-shaped clams carving, 2 pictographic clams carvings, 81 clams seals, 3 clams carvings, and 2 uncarved clams.
The two sides agreed that the South China Sea Museum of China (Hainan) will use the transferred wild marine animal products for legal purposes such as collection and scientific research under the review and approval of the competent administrative department. At the same time, the two sides reached an agreement on the smooth transfer of confiscated wild marine animal products, and agreed to strengthen cooperation on biodiversity conservation and marine resources conservation within the scope of their authority, and jointly contribute to the protection of marine life. The two sides have also established a long-term mechanism for joint environmental protection publicity activities to maximize the warning and educational effect of the handed over products on the public, and promote the continuous improvement of environmental protection awareness and rule of law awareness in the whole society.
In the report to the 20th National Congress of the Communist Party of China, General Secretary Xi Jinping emphasized that "nature is the basic condition for human survival and development. Respecting nature, conforming to nature, and protecting nature are the inherent requirements for building a modern socialist country in an all-round way." The Pinggu Court's transfer of the wild marine animal products involved in the case to the South China Sea Museum in China (Hainan) has once again made a useful attempt and successful exploration in environmental justice. China (Hainan) South China Sea Museum will also use professional strength to properly organize, keep and restore these items, and make effective comprehensive use of them, so as to maximize their social and public benefits, as well as the significance of warning and education to the public.
Broaden channels and open up a new path for cross-regional environmental investment trials and cultural relics protection in Beijing and Hainan
Zhang Jun, President of the Supreme People's Court, stressed that "the judicial protection of the ecological environment must adhere to the judicial concept of coordinated governance of functional departments, and actively promote judicial cohesion and cooperation". In order to better realize the protection of cultural relics related to Hainan and standardize the storage and disposal of confiscated wild marine animal products, the leaders at the meeting conducted in-depth communication and exchanges, and reached a consensus on the normalization of cooperation channels between the Beijing court system and the South China Sea Museum and China (Hainan). It was unanimously agreed that Beijing, as the capital of the first good, and Hainan, as the frontier base for the development and protection of the South China Sea, are thousands of miles apart, but the goals and responsibilities of jointly building a beautiful China and seeking the well-being of the people are the same, and it is feasible and necessary for the two places to establish a working mechanism for the normalization and transfer of wild marine animal products.
In his speech, An Fengde pointed out that the transfer of rare wild marine animal products by the Pinggu Court to the Nanhai Museum marks a new chapter of cooperation between the two units, and promotes the integrated development of judicial protection of environmental resources, scientific research and cultural relics protection. It is hoped that the Beijing court can take this transfer activity as a starting point, and work with the political and legal system, government agencies, and social organizations in Hainan to explore deeper and broader exchanges, cooperation, and mutual learning, draw "concentric circles", and transform the concept of "lucid waters and lush mountains are invaluable assets" into vivid practice, and strive to achieve a win-win, multi-win, and win-win situation for environmental resource protection law enforcement and justice and source governance.
In her speech, Su Qiya pointed out that the South China Sea is a "treasure house" of wild animals and plants, and museums, as a temple for human beings to collect historical memories and forge new cultures, play a significant role in natural ecology and wildlife protection. This transfer not only demonstrates the determination of the people's courts to punish crimes that damage the ecological environment and natural resources, but also guides the public to consciously protect marine animal and plant resources, achieving the dual purpose of punishing illegal crimes and publicizing and education. It is hoped that through this event, relevant units of Hainan and Beijing will deepen coordination and cooperation in wildlife protection, cultural relics related to the South China Sea, and intangible cultural heritage protection, and establish a long-term normalized cooperation mechanism.
Han Xiaobo said in his speech that the Pinggu Court's transfer of rare wild marine animal products to the South China Sea Museum of China (Hainan) for collection and scientific research is a vivid practice of practicing Xi Jinping's thought on ecological civilization, and creating a new path for the lawful disposal and scientific management of the objects involved in the environmental resources trial. It is hoped that the two sides will take this event as an opportunity to further broaden channels, deepen cooperation, establish a more extensive normalized transfer mechanism, and eliminate worries about the disposal of goods involved in similar cases.
Xin Lixue said in his speech that the Nanhai Museum will give full play to the role of the main position of cultural communication, and popularize the knowledge of wildlife protection and ecological environment protection to the public through exhibitions and other means, so as to enhance the public's awareness of wildlife protection. At the same time, through this event, we will carry out deeper exchanges and cooperation with Beijing courts to jointly promote the development of cultural inheritance.
Contributed by: Municipal High Court Civil First Division (Environmental Resources Division), Pinggu Court
Photo: Guo Hanbing
Editor: Zhao Xuexiao Wang Xi
Review: Zhang Zhongtao
Some of the photos are from the official account of the South China Sea Museum