▲Stills from the environmental justice drama "Above the River".
(1) Basic facts of the case
In the TV series "Above the River", Judge Luo Yuan accidentally discovered the ongoing illegal trade in elk while on an outing. Luo Yuan did not hesitate to intervene and call the police, successfully saving an elk, a national first-class protected animal, and returning it to its natural environment. This brave act not only resonated widely in the play, but also reflected the firm stance and action of judicial workers in wildlife protection.
(2) Handling opinions
The police detained the hunters under the Wildlife Protection Law of the People's Republic of China and will prosecute them in court. After trial, the court ruled that the hunter should bear criminal responsibility for illegally hunting and killing wild animals under national key protection in accordance with Article 341 of the Criminal Law of the People's Republic of China. If the defendant shows remorse and cooperates with the investigation, the court will also consider a lenient sentence.
(3) Case analysis
First of all, Judge Luo Yuan's actions highlight the initiative and courage of legal people in upholding ecological justice. Rescuing the elk through legal channels not only demonstrates the importance of following legal procedures, but also demonstrates the intransigence of legal workers in the face of illegal acts.
In addition, this action underscores the legal and moral responsibility that every citizen has to take action rather than bystander when confronted with illegal environmental activities. Second, although the case is still being handled by the public security organs, the potential of public interest litigation cannot be ignored. Public interest litigation can enable offenders to face criminal penalties and be responsible for ecological restoration and compensation for environmental damage.
For example, the court can order the restoration of damaged natural areas or compensation for the corresponding loss of ecological service value, so as to achieve the legal effect of restitution, which is particularly important in environmental law practice.
Finally, this case also reveals the need for greater public education, especially in wildlife conservation. The public often lacks awareness of wildlife protection laws and may commit unintentional violations. By publicizing typical cases, the judiciary can not only punish violations, but also use these cases to educate the public and increase social respect for and compliance with environmental regulations.
Issues related to illegal hunting/ Further reading
▲The protagonist of the environmental justice drama "Above the River" encounters an elk
01
What is legal hunting?
According to the Law of the People's Republic of China on the Protection of Wild Animals, wildlife under national key protection can only be hunted in accordance with the types, quantities, locations, tools, methods and time limits of the special hunting license when scientific research, population control, epidemic source and disease monitoring or other special circumstances are obtained.
Wildlife Protection Law of the People's Republic of China
Article 21
It is forbidden to hunt or kill wild animals under national key protection.
Where it is necessary to hunt wildlife under national first-class protection due to scientific research, population regulation, monitoring of epidemic sources and diseases, or other special circumstances, an application shall be made to the wildlife protection department under the State Council for a special hunting license;
02
What is illegal hunting?
In illegal hunting, if the hunted wild animals are rare or endangered wild animals, they will be suspected of endangering precious and endangered wild animals. If the wild animals are only ordinary wild animals, they may be suspected of illegal hunting.
As far as the crime of illegal hunting is concerned, according to Article 7 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Destruction of Wildlife Resources, the perpetrator violates hunting laws and regulations, violates any of the "four prohibitions" (hunting ban area, hunting ban period, prohibited tools, and prohibited methods), illegally hunts wild animals worth more than 10,000 yuan, or uses prohibited tools and methods to hunt in the hunting ban area (hunting ban period), all of which are "serious circumstances" and will be investigated for criminal responsibility in accordance with law.
Criminal Law of the People's Republic of China
Article 341, paragraph 2
Whoever violates hunting laws and regulations by hunting in prohibited areas, during prohibited hunting periods, or by using prohibited tools or methods, destroying wildlife resources, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or a fine.
03
What is the plea leniency system?
Criminal Procedure Law of the People's Republic of China
Article 15
Where criminal suspects or defendants voluntarily and truthfully confess their own crimes, admit the facts of the crime as charged, and are willing to accept punishment, they may be given a lenient disposition in accordance with law.
04
How does Beijing regulate the hunting ban area and hunting ban period?
Implementation Measures for the Prohibition of Hunting of Terrestrial Wild Animals in Beijing
Article 2
The whole area within the administrative area of Beijing is a hunting ban area, and the hunting ban period is the whole year. It is forbidden to hunt or kill terrestrial wild animals included in the list. It is forbidden to hunt or kill other terrestrial wild animals for the purpose of eating.
05
What are the prohibited tools and methods for hunting?
Implementation Measures for the Prohibition of Hunting of Terrestrial Wild Animals in Beijing
Article 3
In addition to the "Law of the People's Republic of China on the Protection of Wild Animals" and the "Regulations of the People's Republic of China on the Protection of Terrestrial Wild Animals" that prohibit the use of military weapons, air guns, explosives, poisons, explosives, electric shock or electronic trapping devices, as well as hunting traps, hunting traps, ground guns, and guns, the city also prohibits the use of sticky nets, slingshots, ground bows, crossbows, and other hunting devices that are not directly operated by humans and endanger the safety of humans and animals.
Article 4
In addition to the "Law of the People's Republic of China on the Protection of Wild Animals" and the "Regulations of the People's Republic of China on the Protection of Terrestrial Wild Animals" prohibit the use of hunting methods such as night lighting hunting, annihilating hunting, destroying nests, fire attack, fumigation, and net fishing, the city also prohibits the use of hunting methods such as trapping, burrowing, and trapping, and prohibits picking up the eggs (eggs) of wild animals.
06
What are the ways in which civil liability is assumed?
Civil Code of the People's Republic of China
Article 179
The main ways to bear civil liability are:
(1) Cessation of infringement;
(2) Removing obstructions;
(3) eliminate the danger;
(4) Return of property;
(5) restitution to the original state;
(6) Repair, rework, or replacement;
(7) Continued performance;
(8) Compensate for losses;
(9) Pay liquidated damages;
(10) Eliminate the impact and restore reputation;
(11) Apologize.
Where the law provides for punitive damages, follow those provisions.
The methods of bearing civil liability provided for in this article may be applied separately or in combination.
07
Under what circumstances can punitive damages be applied?
Civil Code of the People's Republic of China
Article 1232
Where the infringer intentionally pollutes the environment or destroys the ecology in violation of legal provisions, causing serious consequences, the infringed party has the right to request corresponding punitive damages.
08
How does the people's court determine the amount of punitive damages?
Interpretation of the Supreme People's Court on the Application of Punitive Damages in the Trial of Cases of Ecological and Environmental Infringement Disputes
Article 9
People's courts determining the amount of punitive damages shall use the amount of compensation for personal injuries caused by environmental pollution or ecological damage and property losses as the basis for calculation.
The amount of compensation for personal injuries and property losses as used in the preceding paragraph is to be determined in accordance with articles 1179 and 1184 of the Civil Code. Where the law provides otherwise, follow those provisions.
Article 10
In determining the amount of punitive damages, the people's courts shall comprehensively consider factors such as the degree of malice of the infringer, the severity of the consequences of the infringement, the benefits obtained by the infringer as a result of polluting the environment or destroying the ecology, or the restoration measures taken by the infringer and their effects, but generally not more than twice the amount of compensation for personal injuries or property losses.
Where the infringer has already been fined or fined by the people's court for the same act of polluting the environment or destroying the ecology, and the infringer claims to be exempted from liability for punitive damages, the people's court will not support it, but may consider it comprehensively when determining the amount of punitive damages.
Article 12
Where an organ provided for by the state or an organization provided for by law acts as a representative of the infringed party and requests that the infringer be ordered to bear liability for punitive damages, the people's court may refer to the above provisions to handle it. However, the determination of the amount of punitive damages shall be based on the amount of losses caused by the loss of service functions during the period from the damage to the ecological environment to the completion of restoration, and the amount of losses caused by permanent damage to ecological and environmental functions.
Typesetting丨Feng Binyi