Wang Mouping, a case of criminal attached civil public interest litigation endangering national key protected plants
-- The application of "restitution to the original state" in cases of endangering plants under national key protection
keyword
- criminal
- Crimes against national key protected plants
- Restorative justice in attached civil public interest litigation
- Hark back to
Basic facts of the case
Between the end of 2020 and September 2021, without obtaining the authorization and approval of the relevant administrative departments, the defendant Wang Mouping, in order to obtain illegal benefits, successively purchased illegally collected wild plants from Zhangzhou City, Fujian Province (also known as Golden Retriever Fern) illegally collected from Zhu Moujin (handled in a separate case) and others, and placed them in the store for sale. On September 2, 2021, when the public security organs inspected the above-mentioned stores according to clues, they seized 250 golden retriever spine plants that had not yet been sold on the spot.
It was also ascertained that before the case, Wang Mouping sold 19 golden retriever dog spine plants to Kuai Mouzhen, with a total sales price of 1,230 yuan. It has been determined that the above-mentioned seized plants are all golden retriever spine (wild plants), which belong to Appendix II species of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and are included in the list of national key protected wild plants on the mainland, and belong to the national second-class key protected plants. The plants involved in the case have been handed over to Shanghai Chenshan Botanical Garden for conservation in a greenhouse environment, with a total maintenance cost of 11,911.1 yuan. The natural distribution range of the Golden Retriever Ridge is mainly Yunnan, Guizhou, Sichuan, Guangdong, Fujian, Zhejiang and Hainan provinces, and Shanghai is not in its natural geographical distribution range, and because the natural growth environment of the Golden Retriever Dog Ridge is shady, moist, and acidic soil rich in humus, the soil conditions in Shanghai are mostly neutral and alkaline, and it is not suitable for the natural growth of the Golden Retriever Ridge. Based on the consequences of damage to the ecological environment caused by Wang Mouping's illegal acquisition and sale of the Golden Retriever Dog Spine, as well as the special biological and ecological characteristics of the Golden Retriever Dog Spine, it is appropriate to transport the Golden Retriever Dog Spine involved in the case back to its original habitat for in-situ protection.
On June 20, 2022, the Shanghai Railway Transport Court rendered the (2022) Hu 7101 Xingchu No. 16 Criminal Attached Civil Judgment: 1. Wang Mouping committed the crime of endangering national key protected plants, and was sentenced to one year and seven months imprisonment, suspended for two years, and fined 1,000 yuan; 2. Wang Mouping's illegal gains of RMB 1,230 are to be recovered in accordance with law and handed over to the state treasury; The seized golden retriever spine plants were confiscated; 3. Within three months after this judgment takes effect, Wang Mouping returned the Golden Retriever spine plant involved in the case to the original habitat of the Golden Retriever Spine in Zhangzhou City, Fujian Province for in-situ protection; 4. Wang Mouping bears the maintenance cost of RMB 11,911.1 and the identification fee of RMB 4,000 for the living golden retriever spine plant involved in the case; After the judgment was pronounced, there was no appeal or counter-appeal, and the judgment had taken legal effect.
Reasons for the Adjudication
The effective judgment of the court held that Wang Mouping knew that the plant involved in the case was a national key protected plant, and without obtaining the approval of the relevant administrative department, he illegally purchased and sold the national second-class key protected plant, which constituted the crime of endangering the national key protected plant, and his behavior also caused damage to the national key protection wild golden retriever fern plant resources, affected the survival of its species and the renewal and continuation of the population, and harmed the public interest, and should bear civil liability such as compensation for losses, restoration of the original state, and formal apology. This case involves the restoration and protection of the ecological resources of wild plants, and many factors must be considered, such as the natural growth environment of wild plants, the reproduction of species, and the impact of the symbiotic ecosystem. Combined with the professional appraisal opinions, based on the particularity of the needs of the Golden Retriever Dog's spine for the living environment, in order to protect the wild biodiversity resources to the greatest extent, returning the Golden Retriever Dog's Spine to its original habitat for in-situ protection is the most optimal measure to make up for the damage and restore the ecology in this case.
Summary of the trial
The people's courts hearing cases of crimes endangering plants under national key protection shall implement the concept of restorative justice and choose the method of responsibility that is most conducive to making up for the damage and restoring the ecology. For damaged wild plants, where restoration is necessary and feasible, wild plants can be returned to their original places for in-situ conservation and restoration.
Associate indexes
Article 344 of the Criminal Law of the People's Republic of China
Articles 179, 1229 and 1235 of the Civil Code of the People's Republic of China
Article 18, paragraph 2 of the Regulations on the Protection of People's Republic of China Wild Plants
First instance: Shanghai Railway Transport Court (2022) Hu 7101 Xing Chu No. 16 Criminal Attached Civil Judgment (June 22, 2022)