Cover news reporter Song Xiao
What is a "bird"? Many people may not even read this word clearly, but in Chengdu Jianyang, some people have actually illegally acquired it.
On November 5, the first civil public interest litigation case of illegal hunting of wild animals for ecological environmental protection initiated by the Chengdu Municipal People's Procuratorate was heard in public at the Chengdu Intermediate People's Court. A few days ago, due to the illegal acquisition of the national grade II key protected wild animal "kuang" (kuang), as well as the illegal hunting of a number of protected animals, the defendant Cai was sued by the chengdu municipal people's procuratorate of the public interest litigation prosecutor to court.
In 2020, Cai was sentenced to two years and two months in prison, suspended for three years, and fined 12,000 yuan by the Jianyang Municipal People's Court for illegal hunting, illegal hunting, killing of rare and endangered wild animals, and illegal acquisition of rare and endangered wild animals, and sentenced to two years and two months in prison, suspended for three years, and fined 12,000 yuan. After the criminal judgment took effect, the Chengdu Municipal Procuratorate found that Cai's illegal hunting, illegal acquisition, and killing of rare and endangered wild animals harmed the social public interest.
After the case filing review, it was found that Cai used a gunpowder gun to hunt a grass rabbit on the slope of Xiaowan Mountain in the upper village of Fenghe Town, Jianyang City, in June 2017.
At the end of the same year, Cai purchased an ordinary bird next to the 101 township road leading from Wuxing Bridge to Pingquan Town in Jianyang City. From November to December 2019, Cai used net fishing to hunt 1 sparrowhawk, 12 bead-necked doves, 9 gray-breasted bamboo chickens, 2 bone-top chickens, 1 black water chicken and 1 domestic pigeon on the land he planted.
Cai froze all the wild animals he hunted and bought in the freezer of his home, ready for consumption. On May 14, 2020, the investigation authorities seized 28 dead wild animals in their homes and sent them all to the Nanshan Forestry Judicial Appraisal Center in Sichuan for identification.
The Chengdu Municipal Procuratorate held that Cai, without applying for a hunting license and a special hunting permit, illegally hunted 1 sparrowhawk of a national level II key protected wild animal under national protection during the hunting ban period and in the no-hunting area, and 12 pearl-necked doves, 9 gray-breasted bamboo chickens, 2 bone-top chickens, 1 black water chicken, and 1 grass rabbit; illegally purchased 1 ordinary goose of wild animals under national level II key protection, which violated the Wildlife Protection Law of the People's Republic of China. Articles 21, 22, and 27 require Cai to bear the liability for compensation for the loss of wildlife resources caused by cai, and publicly apologize in the Chengdu municipal media.
During the trial, the two parties presented and cross-examined evidence around whether Cai should bear and how to bear the liability for damages due to illegal hunting, illegal acquisition, and killing of rare and endangered wild animals, and how to determine the amount of compensation liability.
Defendant Cai acknowledged the illegal facts sued by the public interest litigation prosecutor, and expressed his willingness to bear the liability for damages in court and apologized to the public.
The court applied the relevant provisions of the Judicial Interpretation on Civil Public Interest Litigation to preside over the mediation in court, and the public interest litigation prosecutor and Cai initially reached a mediation agreement in court, and Cai bears the civil liability for the loss of wildlife resources of 63,580 yuan, and publicly apologizes in the media at or above the municipal level in Chengdu.
In view of the economic difficulties of Cai's family and the inability to pay the ecological damage compensation in full, after consultation between the Chengdu Municipal Procuratorate and the functional departments, and with the consent of the Chengdu Intermediate People's Court, it was decided to adopt the ecological damage compensation method of "labor compensation" for Cai Mou - cai mou to provide ecological environmental public welfare labor, and worked in Jianyang City for three years, and the villagers' committee was responsible for supervising and implementing the work, such as protecting the ecological environment, forest protection, environmental sanitation, and investigating geological disasters. Participated in public welfare activities in Jianyang Love Unlimited Community Work Service Center for 1 year.
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