Illegally hunt and buy precious and endangered wild animals such as eagles, sparrowhawks, bead-necked doves, gray-breasted bamboo chickens, bone-top chickens, black water chickens, domestic pigeons, etc., and then kill them and freeze them in the freezer, ready to eat them one after another...
On the afternoon of November 5, the Chengdu Intermediate People's Court held a public hearing on such a civil public interest litigation case on ecological environmental protection.
It is reported that this is the first case of "labor compensation" ecological loss compensation in Chengdu. Due to the economic difficulties of the defendant's family, the court decided to adopt the method of "labor service compensation", and the defendant replaced the civil liability compensation of 63,580 yuan by providing ecological and environmental public welfare labor.
The scene of the trial
Prosecution indictment:
Cai's behavior constituted illegal hunting and acquisition of wild animals
In June 2017, Cai used a gunpowder gun to hunt a grass rabbit in the upstream village of Fenghe Town, Jianyang City. At the end of the same year, he bought an ordinary bird near the Wuxing Bridge 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 waterfowl and 1 domestic pigeon.
Subsequently, Cai froze all the wild animals he hunted and purchased in the freezer of his home and prepared them for eating. Until May 14, 2020, the investigation authorities came to the door and seized 28 dead wild animals in their homes.
The Chengdu Municipal Procuratorate held that Cai, without applying for a hunting license and a special hunting license, illegally hunted 1 sparrowhawk of the national level II key protected wild animal during the hunting ban period and the no-hunting area; 12 pearl-necked doves, 9 gray-breasted bamboo chickens, 2 bone-top chickens, 1 black water chicken, and 1 grass rabbit of the national level II key protected wild animals under national protection; and illegally purchased 1 ordinary goose of the national grade II key protected wild animals. Cai's behavior violated the provisions of Articles 21, 22 and 27 of the Wildlife Protection Law of the People's Republic of China, requiring Cai to bear the liability for compensation for the loss of wildlife resources caused by him, and publicly apologized in the Chengdu municipal media.
Labor Compensation:
Provide ecological and environmental public welfare labor instead of compensation of 63,580 yuan
During the trial, the defendant Cai acknowledged the illegal facts sued by the public interest litigation prosecutor, and expressed his willingness to bear the liability for damages and apologize 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 functional departments, and with the consent of the Chengdu Intermediate People's Court, it was decided to adopt the "labor compensation" ecological damage compensation method for Cai, which was borne by Cai in the form of providing ecological and environmental public welfare labor, and worked in Jianyang City for three years, and the villagers' committee was responsible for supervising and implementing the labor, such as protecting the ecological environment, forest protection, inspecting environmental sanitation, and investigating geological disasters. Participated in public welfare activities in Jianyang Love Unlimited Community Work Service Center for 1 year.
Red Star News reporter Dai Jiajia courtesy of the court
Edited by Wang He
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