In order to defend his rice and shrimp breeding base, Yao Honglong just stayed up all night.
Yao Honglong's rice and shrimp breeding base is located in Zitong Village, Hesha Town, Chuanshan District, Suining City, Sichuan, because there are video bloggers "playing wild" to pick up lobsters, and misinformation that "just pick up" and "can't pick up at all", in recent days, his breeding base has poured into a night at most two or three hundred people to "pick up" lobsters, and there are still many people "picking up" at 3 o'clock in the morning, and the scene was out of control.
Just after 3 a.m. on May 16, there were still people "picking up" lobsters in the breeding fields. According to the interviewee
"After a year of hard work, I watched others pick up the shrimp." Yao Honglong was heartbroken when he talked about it. He said that in the past 10 days, his rice and shrimp breeding base has lost at least tens of thousands of catties of shrimp, worth hundreds of thousands of yuan.
According to the Hesha Police Station of the Chuanshan District Bureau of the Suining Municipal Public Security Bureau, more than 5 cases of lobster theft in Zitong Village have been received every day in recent days. Since May 9, the Hesha Police Station has blocked a total of 5 suspicious persons, administratively punished 1, and persuaded more than 60 people.
Two or three hundred people came to "pick" shrimp in one night
Tens of thousands of catties of lobsters were "picked up".
The out-of-control scene of the rice and shrimp breeding base made Yao Honglong very worried: two or three hundred people came to "pick up" shrimp one night, the roadside was full of cars, and the field lights flashed. He and the shareholders shouted everywhere, but they couldn't stop it. After calling the police, the police came to deal with it, and the shrimp that were "picked up" were dumped back into the field, but more people were not stopped, and buckets of shrimp were stuffed into the car and walked away......
The dense shrimp were dug out at the edge of the field, and many people held them directly with their hands, and they carried multiple buckets, and "picked up" more than a dozen buckets in one night, at least hundreds of catties.
The sign saying "No fishing for fish and shrimp in the breeding area" was ignored
"At least hundreds of catties of lobsters have been 'picked up' in one acre of land, and a few hundred acres are calculated, which is tens of thousands of catties, and the direct loss is hundreds of thousands of yuan." Yao Honglong told reporters that since early May, 700 acres of fields have been released for planting seedlings, and these 700 acres have been "cleaned up" by shrimp pickers. He said that this is only a conservative estimate of the direct loss, not counting the cost of seedlings next year, and the price of buying shrimp seedlings may be more expensive.
Yao Honglong told reporters that more than 2,000 acres of rice and shrimp breeding base in Zitong Village was built three years ago, with a total investment of more than 10 million yuan, and the cost of 6 million yuan has not been recovered. Rice cultivation can only protect the capital, and it all depends on shrimp farming to make money. Now tens of thousands of catties of shrimp have been "picked up", which makes him and all shareholders sad.
Social media fermentation attracts a large number of people
Police Metropolitan Residence
Why are the lobsters in the breeding base "coaxed to pick up"? Yao Honglong told reporters that the cause was that someone on social media posted information that the place could be "picked up at will", and then gradually fermented, attracting more people.
Zou Songpu, director of the Hesha Police Station, told reporters that in recent days, the police station has received more than five cases of lobster theft in Zitong Village every day.
Police deal with people who "pick" lobsters
According to the Hesha Police Station, after receiving a report that someone was stealing lobsters on May 9, the police immediately rushed to the scene and found that the originally deserted village road was full of cars, and many people were picking up lobsters with buckets, and one of the men was surrounded by the management personnel of the rice and shrimp base. According to the introduction on the video platform, the man came with his friends to pick up lobsters, but he felt that it was slow to pick them up, so he ran to the breeding pond to get the lobsters in the ground cage.
The police investigation learned that after someone picked up shrimp in Zitong Village in early May, affected by social media, many people rushed to pick it up, and the people who came behind couldn't pick it up, so they went to catch the shrimp in other people's breeding fields and take the shrimp in other people's cages. Since May 9, the Hesha Police Station has blocked a total of 5 suspicious persons, administratively punished 1, and persuaded more than 60 people. In the days that followed, the Hesha police station stepped up patrols in Zitong village and posted information online to refute rumors.
Yao Honglong told reporters that the spread of false information on the Internet caused many people to pour into Zitong Village, and eventually the situation got out of control. Local villagers who were aware of the situation did not go to the fields to pick up shrimp, nor did this happen at their other two breeding bases in Suining.
Lawyer: The person who "picked" the shrimp was suspected of theft
Don't be superstitious that "the law does not hold the public accountable"
So are these people who "pick" lobsters illegal? Is there legal liability?
A senior lawyer told reporters that these people who "pick" lobsters may constitute theft as stipulated in Article 49 of the "Public Security Administration Punishment Law", or be detained for not less than 5 days but not more than 10 days, and may also be fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB. If the circumstances are serious, it may also constitute the crime of theft under the Criminal Code.
According to article 264 of the Criminal Law of the People's Republic of China, whoever steals public or private property, where the amount is relatively large, or who commits multiple thefts, burglaries, thefts with weapons, or pickpocketing, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
According to the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Theft", theft of public or private property with a value of 1,000 to 3,000 RMB, 30,000 to 100,000 RMB, or 300,000 to 500,000 RMB or more shall be respectively found to be "relatively large amount", "huge amount", or "especially huge amount" as provided for in article 264 of the Criminal Law. The high people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may, on the basis of the economic development situation of their respective regions and consider the state of public security, determine the specific monetary standards for enforcement in their respective regions within the range of amounts provided for in the preceding paragraph, and report to the Supreme People's Court and Supreme People's Procuratorate for approval.
In addition, those who publish and forward the videos and information of "picking up" lobsters on the Internet need to bear legal responsibility?
According to the above-mentioned lawyer, according to Article 25 of the Public Security Administration Punishment Law, the behavior of the information publisher may constitute an administrative violation, or be subject to administrative penalties such as detention and fines; At the same time, if the behavior of the information publisher causes economic losses to the farmers in the lobster base, according to the provisions of the Civil Code of the People's Republic of China, it shall also bear the corresponding liability for civil tort damages.
In addition, social media platforms shall, in accordance with article 47 of the Cybersecurity Law, strengthen the management of information published by their users, and where they discover information that laws or administrative regulations prohibit the publication or transmission of, they shall immediately stop the transmission of that information, take measures to address it such as erasure, prevent the spread of information, keep relevant records, and report to the relevant competent departments.
The lawyer reminds that if there is monitoring of the breeding base and nearby road sections, or there are mobile phone videos on the scene, or there are on-site personnel to identify, there are still many participants who may be punished.
Source: Daily Economic News is synthesized from Chengdu Business Daily, Red Star News, every economic network, public information, etc