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On February 28, 2017, in order to actively explore the judicial protection mechanism of the Sanjiangyuan ecology, the Sanjiangyuan Ecological Court was officially established in the People's Court of Yushu City, Qinghai Province, which is also the first professional court for environmental resources in Qinghai Province. The Ecological Court has jurisdiction over civil, criminal and administrative cases of damage to ecological and environmental resources in the region.
The man was killed on the road
Cut the musk and sell it
Musk deer is a national key protected wild animal. Musk is secreted by male horse musk deer and forest musk deer, which has certain medicinal value and high economic value. In the past, due to the serious phenomenon of human hunting for musk deer, musk deer was almost the most affected species by illegal poaching activities in the Sanjiangyuan region.
Weng Ci Gyatso, a herdsman from Yushu, Qinghai, wanted to buy musk to dispense medicine for his wife's illness. When his relative, Ngama Samdrup, learned of the incident, he took the initiative to contact Ongtsikatso, saying that he wanted to sell musk. After discussion, Ongtsikatso decided to buy musk from Yama Sangzhu at a price of 10,500 yuan.
On the afternoon of November 4, 2018, on the way to Yushu City to collect money, the forest rangers at the checkpoint found musk in the back seat of the duo's car and reported it to the Yushu Forest Public Security Bureau.
A month before the incident, when he went out to look for a lost livestock, he cut musk from a dead male musk deer. After identification, the stolen goods involved in the case were the musk deer of the national first-class protected animal.
Since the stolen goods involved in the case were accidentally picked up by Weng Cigyatso and Ngama Sangzhu when they were grazing, and were not obtained by hunting and killing, the subjective malice was relatively small and the social harm was not great. Considering that both were first-time offenders and showed signs of remorse and guilt, the court gave discretion to their criminal acts. In the end, the two were punished by the law.
Many years later, Liu Jianjun, president of the Sanjiangyuan Ecological Court, and Sunan Qiuzhong, judge of the Ecological Court, visited Weng Cigyatso, a client in the case, again to ask him about the change in thinking and recent economic situation after the case. Through follow-up visits, the judge hopes that more people will understand that "breaking the law without knowing the law" will also face criminal sanctions.
Herders for economic gain
Dig the black soil of their own pastures
Guoluo Tibetan Autonomous Prefecture in Qinghai Province is located in the southern part of the Qinghai-Tibet Plateau, at the source of the Yellow River, with more than 100 million acres of vast grassland. As a traditional animal husbandry county in Goluo Prefecture, Jiuzhi County enjoys a unique ecological environment and fertile black soil, which provides a solid foundation for local agriculture and animal husbandry.
In June 2019, the Jiuzhi County Public Security Bureau received a report that someone was digging black soil and selling it for profit in Songduo Town, Zhiqing, Jiuzhi County. The investigators immediately rushed to the scene to investigate and found four scenes. The area of grassland damaged in Case No. 1 was 28.6 mu, the area of grassland damaged in Case No. 2 was 23.3 mu, and the area of grassland damaged in Case No. 3 and Case No. 4 did not meet the criteria for filing a criminal case, and was handed over to the Jiuzhi County Grassland Supervision Station for handling. The police immediately summoned Dorje, who co-owned Pasture No. 1, and his niece, Cairang Dolma.
After interrogation, Dorje decided to dig up the black soil and sell it after learning that the black soil in his pasture could be sold for money. In order to dig the pasture, Dorje's son Sangga and Gashijie, who also lived in Zhiqing Songduo Town, approached Ma, who was then the head of the grassland supervision station in Jiuzhi County, and bribed him with 30,000 yuan to make a point. When everything was ready, Dorje and others began to excavate black soil intermittently in July 2018, making illegal profits of more than 20 yuan.
Also making money by digging black soil is Dongduo, who is nearly seventy years old. Two years ago, Dongdo's son, Rinzen, was digging black soil in the No. 2 pasture that his family had contracted to run. After Rinzeng's death, Dongduo continued to illegally excavate black soil and sell it, making illegal profits of more than 20 yuan before and after.
Both cases caused damage to the local ecological environment. In September 2020, the Maqin County People's Court held a public hearing of the two cases. Defendants Dorje, Gashigyal, and Sangga committed the crime of illegally occupying agricultural land and were sentenced to criminal detention ranging from two months to five months and fines ranging from 3,000 yuan to 8,000 yuan. The defendant allowed Zhuoma to commit the crime of illegally occupying agricultural land and was fined 4,000 yuan. Defendant Dong Duo committed the crime of illegally occupying agricultural land and was sentenced to six months' criminal detention, suspended for one year, and fined 20,000 yuan.
Three years after the end of the case, Judge Li Bin went to the scene of the crime to conduct a cross-county return visit to learn about the local ecological restoration. At the same time, the judge also paid a return visit to Dorje, the person involved in the case. Today, Dorje says he no longer wants to destroy the environment for petty profits, and is trying to restore the destroyed pastures to leave green mountains and rivers for future generations.
Local residents pick up dead wildlife carcasses
The owner of the Tibetan medicine shop made a specimen from it
In April 2018, Bu Tsering came to Jiegu Town, Yushu City, from Jiangda County, Tibet, to make livestock specimens and treat arthritis for a living. During this time, he obtained the carcasses of two wolves from Oki and Dai and made them into specimens.
In May 2019, Bu Tsering bought a pair of antlers from Xiao for 1,500 yuan, and at the same time obtained a deer head from a man named Nige to offset his medical expenses of 1,400 yuan. In early February 2020, Bu Tsering discovered that he could obtain some animal tissues to make specimens from Tibetans by opening a medicine shop, so he rented a store in Sahuteng town and opened a private Tibetan medicine shop.
On March 15, 2020, Bu Tsering's Tibetan medicine shop was reported for selling wild animal specimens. The police quickly arrived at the scene to investigate and found a horned deer head on the wall of the pharmacy, specimens of two wolves in the corner, and a wolf carcass inside the freezer.
After Bu Tsering arrived at the case, he explained the origin of these wild animals to the police, and the police investigated and verified them. The wolf corpse involved in the case was picked up by the suspect Chong in the wild and handed over to Bu Tsering as a specimen, while the other wolf specimens were from the wolf corpse picked up by Dai.
The head of the horned deer head in question was given to by a local resident, Dong Ang Kamai. In April 2019, Dong Angama found the carcass of a long-dead deer on the side of the road, so he picked up the deer's head and gave it to. After identification, the head of this deer is a white-lipped deer, a national first-class protected animal. None of those involved are aware that it is against the law to pick up and trade wildlife remains at will.
On November 9, 2020, the defendants Bu Tsering, Nige and Xiao were sentenced to fixed-term imprisonment or criminal detention and paid corresponding fines for illegally purchasing or selling precious and endangered wildlife products.
In addition to hearing cases, local judges also shoulder the responsibility of regularly disseminating the rule of law to the public. They carried out the popularization of the theme of ecological protection in Diqing Village, Zhaqing Township, and explained the importance of wildlife protection in the Sanjiangyuan area to herders based on case studies. They told herders that wild animals that had died of natural causes should not be picked up at random and should be handed over to the local police or forestry department for disposal. They hope that the herders will know the law and abide by the law, and jointly protect the ecology of the "China Water Tower".
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