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Public Interest Litigation Escorts the Yangtze River's "Ten-Year Fishing Ban" The prosecutor appeared in court at the place where the case occurred to explain the law

author:Sichuan culture of rule of law

In order to further strengthen the people's "ten-year fishing ban" on the Yangtze River Awareness and participation in the work, on April 23, the Ebian Yi Autonomous County People's Procuratorate filed in accordance with the law Zheng Moumou's illegal fishing aquatic products criminal attached civil public interest litigation case in Wudu Town, where the case occurred, was tried in open court and pronounced the verdict in court, Zheng Moumou was sentenced to six months of detention for the crime of illegal fishing of aquatic products, suspended for one year; The defendant said in court that he would not appeal.

Case review

At about 15:00 on February 17, 2024, in order to satisfy his appetite, defendant Zheng Moumou used a fishing device (battery, electric shocker, etc.) to electrocute fish in Zugou Creek (a tributary of the Dadu River) in Wudu Town. After being reported, the public security police seized a set of electric fish tools and 97 catches at the scene. The Agriculture and Rural Bureau of Ebian Yi Autonomous County determined that the total value of the direct and indirect damage caused by the defendant Zheng's electric fish behavior to the national fish resources was 12,742.4 yuan.

Public Interest Litigation Escorts the Yangtze River's "Ten-Year Fishing Ban" The prosecutor appeared in court at the place where the case occurred to explain the law

As one of the important tributaries of the Yangtze River Basin, the Dadu River has adopted an extinction fishing behavior of electric fishing, which seriously endangers the survival and reproduction of fish, causing serious damage to fishery resources in the Yangtze River Basin, destroying the aquatic food chain and endangering the ecological balance.

In order to ensure the ecological governance of the Yangtze River's "ten-year fishing ban" in accordance with the law, the Ebian Procuratorate filed a criminal attached civil public interest lawsuit against Zheng Moumou for illegally fishing aquatic products. At the same time, the court was requested to sentence the defendant to bear the responsibility for ecological restoration in accordance with the law, increase and release 12,742.4 yuan worth of schizophrenia fry in the Ebian section of the Dadu River, and make a public apology. During the trial, the prosecutor explained the law with a case, elaborated on the importance of the "ten-year fishing ban" in the Yangtze River Basin, the harmfulness of illegal electric fish, and the seriousness of violating the law, and called on everyone to work together to protect the aquatic biological resources of the Dadu River.

Public Interest Litigation Escorts the Yangtze River's "Ten-Year Fishing Ban" The prosecutor appeared in court at the place where the case occurred to explain the law

In order to achieve the legal effect of "handling one case and giving a warning" and realizing that "one case is better than a dozen documents", the Ebian Procuratorate invited deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, people's supervisors, volunteers of "benefiting the public interest," and representatives of the masses to participate in the hearing. After the trial, the observers said one after another: Through the measure of holding a trial at the place where the crime occurred, they have personally experienced the majesty of justice, understood that "the environment has a price, and whoever damages it will be compensated", and they will resolutely resist and stop illegal activities such as electric fishing, exploding fish, and catching wild fish in nets. The deputies to the National People's Congress and members of the Chinese People's Political Consultative Conference (CPPCC) also said that in the next process of performing their duties, they will actively make suggestions and suggestions for the "ten-year fishing ban", escort the Yangtze River fishing ban, and effectively build an ecological barrier of the Dadu River in Ebian.

After the trial, the Ebian Procuratorate organized Zheng Moumou to carry out breeding and release activities in the Ebian section of the Dadu River. The fishery administration staff of the Agriculture and Rural Bureau carefully checked the type, size and quantity of fish fry purchased by Zheng Moumou, and the people's supervisors who participated in the activity, the volunteers of "Benefiting the Heart for the Public" and others assisted Zheng Moumou in releasing the fish fry, and 7,080 schizophrenia fish worth 12,742.4 yuan swam to the Dadu River.

Public Interest Litigation Escorts the Yangtze River's "Ten-Year Fishing Ban" The prosecutor appeared in court at the place where the case occurred to explain the law

At the same time, the procuratorial cadres and police officers also carried out household visits, through the distribution of publicity materials, face-to-face answering of questions and doubts, and so on, to guide the masses to actively participate in the work of banning fishing, and if illegal fishing is discovered, they should promptly report to the relevant departments.

The 10-year ban on fishing in the Yangtze River is an important decision made by the CPC Central Committee to "plan for the overall situation and seek future generations" in the long-term interests of the Chinese nation, and is an important measure to restore and improve the ecological environment of the Yangtze River. In the next step, the Ebian Procuratorate will continue to play the role of public interest litigation prosecutor, actively practice the concept of restorative justice, continuously improve the public's awareness of environmental protection, promote the extensive participation of the society in ecological protection, and help the Yangtze River to "ban fishing for ten years" with "procuratorial blue".

(Ebian County People's Procuratorate, Wang Ruolan)

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