Recently, the Laoshan District People's Court of Qingdao City concluded a civil public interest litigation case attached to the criminal case of endangering precious and endangered wild animals. The case, composed of a seven-member collegial panel composed of one criminal judge, two civil judges and four people's assessors, was one of the first cases involving the protection of wildlife resources heard by the Laoshan Court's "three-in-one" trial division of environmental resources. After the trial, the judge explained the environmental resources, public interest litigation laws and regulations, and the knowledge of wildlife under national key protection.
[Basic Case Details] On February 14, 2022, the public security organs seized suspected nautilus, stone coral, sheng coral products, Tang crown snails, clams, oysters, tabby treasures and other national precious and endangered wildlife products for sale in the seafood store operated by the defendant Fu XX, with a total value of 237325 yuan. According to the judicial appraisal, the above-mentioned suspected nautilus submitted for inspection are all shells of the Nautilidae species, which are national first-class protected wild animals, and the suspected stony coral, sheng coral products, crested snails, clams, clams, oysters, tabby and other shells submitted for inspection are all products of national second-class protected wild animals. After professional assessment, the loss of ecological service functions caused by the damage to the wild animals involved in the case was 64,958.25 yuan.
On January 29, 2024, the Laoshan District Procuratorate filed a public prosecution with the Laoshan Court, accusing the defendant Fu Moumou of committing the crime of endangering precious and endangered wild animals. On March 15, 2024, the Laoshan District Procuratorate filed a civil public interest lawsuit attached to the criminal case.
After trial, the Laoshan People's Court held that the defendant Fu XX violated national wildlife protection laws and regulations by illegally purchasing and selling products of precious and endangered wildlife under national key protection, and that his conduct constituted the crime of endangering precious and endangered wildlife and should be punished in accordance with law. Defendant Fu XX's conduct in endangering precious or endangered wildlife has affected the reproduction of relevant species, caused harm to the ecological environment and the biodiversity of the entire ecosystem, and infringed on the public interest, and shall bear liability for civil tort compensation, and the litigation claims of the plaintiff in the attached civil public interest litigation are lawful and well-founded, and are to be supported. The Laoshan Court ruled that the defendant Fu Moumou committed the crime of endangering precious and endangered wild animals, and was sentenced to one year and six months imprisonment, suspended for two years, and fined 10,000 yuan. Fu Moumou, the defendant in the attached civil public interest lawsuit, compensated RMB 64,958.25 for the loss of ecological service functions and RMB 5,000 for expert assessment.
As a beautiful coastal city, Qingdao has abundant marine resources, and there are many kinds of national marine protected species, such as sea pigs (East Asian finless porpoise), silver-ringed sea snakes, sour scallops, sea bean sprouts, Japanese seahorses, Qingdao Wenchang fish, hawksbill turtles, etc. Marine life is closely related to the lives of the people, fish and shellfish are common table delicacies, many shellfish and snails are made into exquisite crafts, and shops selling various shell crafts can be seen everywhere along the sea. However, for some rare and precious marine organisms, fishing and trafficking may not only cause the extinction of precious wild species, cause the breakdown of the ecological chain, but also cause irreversible damage to the biodiversity of the ecosystem and endanger the balance of the entire ecological environment. Therefore, the mainland has listed precious marine organisms with multiple values and important ecological significance as national protected animals, and illegal fishing and trafficking will be severely punished by law.
In this case, the Laoshan Court firmly established the concept of "lucid waters and lush mountains are invaluable assets", relying on the "three-in-one" trial court of environmental resources, while severely punishing the crime of destroying ecological and environmental resources in accordance with the law, and ordering the perpetrator to bear civil liability for comprehensive compensation for the loss of ecological service functions, demonstrating the judicial concept of protecting the ecological environment with the strictest system and the strictest rule of law. The Laoshan Court also took the initiative to extend its functions and actively carried out publicity on the rule of law for environmental resources, providing strong judicial services and guarantees for protecting lucid waters and lush mountains and building a beautiful Qingdao where man and nature coexist in harmony.
Article 341, Paragraph 1 of the Criminal Law of the People's Republic of China [Crimes of Endangering Precious or Endangered Wild Animals] Illegally hunting or killing rare or endangered wildlife under key national protection, or illegally purchasing, transporting, or selling precious or endangered wildlife under key national protection. where endangered wildlife and the products thereof are endangered, a sentence of up to five years imprisonment or short-term detention and a concurrent fine; where the circumstances are serious, a sentence of between five and ten years imprisonment and a concurrent fine; where the circumstances are especially serious, a sentence of 10 or more years imprisonment and a concurrent fine or confiscation of property is to be given.
Article 1235 of the Civil Code of the People's Republic of China: Where damage to the ecological environment is caused in violation of state provisions, the organs prescribed by the state or organizations prescribed by law have the right to request the infringer to compensate for the following losses and expenses:
(1) Losses caused by the loss of service functions during the period from damage to the ecological environment to the completion of restoration;
(2) Losses caused by permanent damage to ecological and environmental functions;
(3) Expenses for investigations, appraisals, and assessments of ecological and environmental damages;
(4) Expenses for cleaning up pollution and restoring the ecological environment;
(5) Reasonable expenses incurred to prevent the occurrence and expansion of damage.
Article 20 of the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Application of Law in Procuratorial Public Interest Litigation Cases" Article 20: When people's procuratorates initiate criminal prosecutions against criminal conduct that harms the public interest, such as the destruction of the ecological environment and the protection of resources, the infringement of the lawful rights and interests of many consumers in the field of food and drug safety, or the names, likenesses, reputations, and honors of heroes and martyrs, they may also initiate an attached civil public interest lawsuit to the people's court, and the people's court will hear it in the same trial organization.
The people's court hearing the criminal case has jurisdiction over civil public interest litigation cases attached to criminal cases initiated by the people's procuratorate.
Other reference basis: The Catalogue of Wild Animals under National Key Protection (effective February 1, 2021) stipulates that all species of the family Tridae are included in the catalogue, that Tridae is a national first-class protected wild animal, and that other genera and species of the Tridae family are national second-class protected wild animals (only wild populations), and that all species of tabby, crested snails, stony corals, and sheng coral are all national second-class wild protected animals.
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (2019 Edition) stipulates that all species of Stony Coral, all species of the family Coralidae and all species of the family Tridae are listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
According to the Appendix of Announcement No. 69 (October 9, 2018) of the Ministry of Agriculture and Rural Affairs of the People's Republic of China, all species of the Nautilidae family listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora are approved as national first-class protected wild animals.
The shell of the nautilus, a national first-class protected wild animal
The shell of the national second-class protected wild animal
The shell of a tabby baby, a national second-class protected wild animal