China Lawyer
Supreme People's Court Releases Typical Cases of People's Courts Trying Illegal Fishing of Aquatic Products According to Law
Source: Supreme People's Court
Fishery resources are valuable natural resources that are of great significance in ensuring ecological security and promoting economic development. The Third Plenary Session of the 20th CPC Central Committee called for “accelerating the comprehensive green transformation of economic and social development and improving the ecological and environmental governance system”. General Secretary Xi Jinping pointed out that only by implementing the strictest system and the most rigorous rule of law can we provide a reliable guarantee for the construction of an ecological civilization. Illegal fishing not only causes direct damage to fishery resources, but also destroys biodiversity and affects ecological balance. In order to thoroughly implement the spirit of the Third Plenary Session of the 20th CPC Central Committee, the People's Court has adhered to Xi Jinping's Thought on Socialism with Chinese Characteristics in the New Era as its guide, implemented Xi Jinping's Thought on Ecological Civilization and Xi Jinping's Thought on the Rule of Law, given full play to the function of criminal adjudication, and adjudicated cases of crimes of illegally catching aquatic products in accordance with the law, thus providing a strong and forceful safeguard for the rule of law for the protection of fishery resources and the promotion of quality development.
The Supreme People's Court released four typical cases of illegal fishing of aquatic products in accordance with the law, in order to give play to the role of warning, education and guidance of the cases, to show the people's court's firm determination to protect fishery resources, guard ecological security, and crack down on the crime of illegal fishing of aquatic products, and to guide people to correctly recognize the importance of protecting fishery resources and the ecological environment, and to legally regulate fishery activities, so as to enhance the awareness of environmental protection and the rule of law of all people. The typical cases released this time are as follows The typical cases released this time mainly have the following characteristics:
First, the strictest system and the tightest rule of law have been upheld, and criminal acts of illegal fishing of aquatic products have been punished in accordance with the law. The people's court in accordance with the law to increase the crackdown on serious damage to fishery resources illegal fishing aquatic products criminal offense, pay special attention to illegal fishing, transportation, sale of all links in the whole chain of crackdown, to strengthen the overall protection. Case 1, Wu Mou, Huang Moujing and others large-scale fishing crabs and transported to various places for sale, the circumstances are serious, Chen Moushi know that the crabs for illegal fishing crime proceeds of acquisition, sale for profit, respectively, constitute the crime of illegal fishing of aquatic products and the crime of disguise, concealment of the proceeds of crime. Case two, ZhangMouXi know that the battery used for fishing after boosting enough to cause death, due to carelessness to the accomplice LouMouXiang electrocuted. The people's court to illegal fishing aquatic products, the crime of manslaughter for several crimes, has a strong warning role in education, will be a strong deterrent to similar situations.
Second, adhere to the implementation of the criminal policy of leniency and severity, to ensure the organic unity of the political, social and legal effects of judicial decisions. The people's court based on minimizing social antagonism, promote social harmony and stability, safeguard the country's long-term peace and security, for the nature of the crime is not serious, the circumstances are less serious and less socially harmful illegal fishing of aquatic products, according to the law can be dealt with leniently. Case three, wang mou shuang illegal fishing of aquatic products of low value, and has been investigating authorities according to law back to the sea, belongs to the situation is significantly less harmful. The people's court ruled to allow the prosecution to withdraw the charges, fully reflecting the leniency and severity, the punishment fits the crime.
Third, adhere to the concept of restorative justice, realize the punishment of crime and ecological restoration of unity. The people's court in the trial of illegal fishing of aquatic products, and actively guide the perpetrators from the “destroyer” to “repairer” change, promote the effective restoration of the ecological environment. Case 4, Zhang Mouxing and others ganged up and chained up, and illegally fished many times and in large quantities, with serious circumstances, constituting the crime of illegally fishing aquatic products. The people's court sentenced the defendants involved in the case, at the same time ordered Zhang Mouxing and others to pay for the loss of aquatic resources and ecological restoration costs, repairing the damaged aquatic biological resources and ecosystems, reflecting the people's court to restorative justice concepts to help ecological environmental protection of the value of the pursuit.
Typical cases of illegal fishing of aquatic products tried by people's courts in accordance with the law
catalogs
I. The Cases of Wu Mou, Huang Moujing, Huang Mouxiao on Illegal Fishing of Aquatic Products and Chen Moushi on the Masking and Concealment of Proceeds of Crime
Zhang Mouxi Illegal Fishing of Aquatic Products Resulting in Death
Wang Moushuang illegal fishing of aquatic products case
Fourth, Zhang Mouxing and others illegal fishing of aquatic products criminal incidental civil public interest litigation case
I. The cases of Wu Mou, Huang Moujing, Huang Mouxiao on illegal fishing of aquatic products and Chen Mouxie on concealment and concealment of proceeds of crime
[Basic facts of the case]
During the closed season from May 2021 to August 2021, defendants Wu Moumou, Huang Moujing and Huang Mouxiao illegally fished for aquatic products in a certain sea area. Zhuang Moumou (a separate case), Ke Moumou (a separate case) and others drove fishing boats to pick up illegally caught crabs and transport them to nearby waters, and Peng Moumou (a separate case) and others used speedboats to transport illegally caught crabs to the seafood market wharf, and transported them by land to Fuzhou and Shenzhen to sell them for profit. From July 30 to August 2, 2021, the group transported 450,000 yuan worth of illegally caught crabs to a seafood market in Shenzhen and sold them to Defendant Chen Mouxi. Chen Moshi knew that the crabs sold to him were the proceeds of the crime of illegal fishing, but still purchased them and sold them for profit. During the trial, defendants Wu Mou and Huang Moujing each voluntarily paid 50,000 yuan in ecological environment restoration funds.
[Referee results]
Longgang District People's Court of Shenzhen City, Guangdong Province, after hearing that the defendants Wu Mou, Huang Moujing, Huang Mouxiao, in conjunction with others in violation of the laws and regulations on the protection of aquatic resources, illegal fishing of aquatic products during the closed season, the circumstances are serious, their behavior has constituted the crime of illegal fishing of aquatic products, the defendant Chen Moushi, who knew that the aquatic products are the proceeds of illegal fishing and to be purchased, their behavior has constituted the crime of disguise, concealment of the proceeds of crime. Considering the legal and discretionary mitigating circumstances such as the defendants are first-time offenders, occasional offenders, pleading guilty and accepting punishment, and voluntarily paying the ecological restoration funds, the defendants were sentenced to one year and three months to one year and one month of imprisonment for the crime of illegally catching aquatic products, and sentenced to one year and one month of imprisonment for the crime of concealing the proceeds of crime, and punished with a fine of 20,000 yuan. The judgment has become legally effective.
[Typical significance]
This case is a typical example of how the people's courts have utilized criminal means to combat the crime of illegal fishing of aquatic products along the entire chain. The People's Court imposed appropriate penalties on those who illegally fished for and transported aquatic products, and those who purchased aquatic products knowing that they were illegally fished for, so as to ensure that no criminal acts were overlooked or spared in each of the key links of “fishing, transporting and selling”. At the same time, the People's Courts have taken a holistic approach to the conviction and sentencing of upstream and downstream crimes of illegal fishing of aquatic products, following the premise that sentences for downstream crimes are generally not higher than those for upstream crimes, and accurately assessing sentences in the light of the length of time that downstream defendants have been involved in the crime and the gravity of the criminal act, in order to achieve organic unity in terms of the punishment being appropriate to the crime and a balanced approach to sentencing.
II. The case of Zhang Mouxi's death caused by illegal fishing of aquatic products
[Basic facts of the case]
On August 23, 2020, the defendant ZhangMouXi together with YangMouYong, LouMouXiang to a river upstream with electric fishing machine fishing. In the process of electrofishing, Lou Mouxiang due to slip and fall inadvertently grabbed Zhang Mouxi holding a charged net pocket led to electrocution death. After testing, ZhangMouXi electro-fishing tools in the battery voltage of 12V, capacity 120AH, by the booster boost, the output power of 480000W, output voltage of 624V, far beyond the human body can withstand the upper limit of the safety current.
[Referee results]
Renhuai City People's Court of Guizhou Province, after hearing that the defendant ZhangMouXi in the fishing ban, fishing ban, take prohibited methods of fishing aquatic products, the circumstances are serious, constituting the crime of illegal fishing of aquatic products; ZhangMouXi know that the battery used for fishing after boosting, far more than the safe voltage, enough to cause death, in the process of fishing did not take safety measures, due to carelessness and negligence caused LouMouXiang electrocution, constituting the crime of negligence resulting in death. Combined with Zhang Mouxi pleaded guilty and admitted punishment, to illegal fishing of aquatic products, the crime of causing death by negligence, were sentenced to four months of detention, three years of imprisonment, decided to carry out three years of imprisonment. The judgment has become legally effective.
[Typical significance]
This case is a typical example of the use of high-voltage electrofishing as a method of illegal fishing for aquatic products, which has resulted in deaths and injuries. High-voltage electrofishing, as a highly destructive fishing method, not only seriously jeopardizes fishery resources and the ecological environment of the waters, but also poses a serious threat to the personal safety of the people and public security, and should be severely cracked down on in accordance with the law. In this case, the People's Court punished the defendant for the crimes of illegal fishing of aquatic products and causing death by negligence, which had a strong warning and educational effect. In the future, the People's Court will continue to maintain a high-handed and strict attitude towards the illegal fishing of aquatic products using methods such as “electro-toxic frying”, so as to effectively protect the ecological environment and safeguard the lives and health of the people.
III. The case of Wang Moushuang's illegal fishing of aquatic products
[Basic facts of the case]
On July 9, 2022, Defendant Wang Moushuang used a single-vessel winged single bladder trawl to illegally fish for aquatic products, knowing that a certain sea area was a closed area and that the time involved was a closed season. After the investigation organs survey, the defendant WangMouShuang illegally caught 4.9 kilograms of goat's tongue fish, 0.8 kilograms of shrimp crawler, sea hare 3.75 kilograms. As determined by the price certification organization, the value of the above aquatic products is RMB 453 yuan. It was assessed by the relevant authorities that the single-boat winged single sac trawl fishing gear was prohibited fishing gear in the sea area in question, and its use was prohibited throughout the year. Defendant Wang Moushuang was caught on the spot by the investigating authorities and confessed truthfully, and the seafood involved has been dumped back to the involved sea area by the investigating authorities according to the law.
[Referee results]
Liaoning province dalian city shahekou district people's court after hearing that the defendant wang mou shuang violation of the protection of aquatic resources regulations, in the fishing ban, fishing ban using prohibited tools fishing aquatic products, behavior has the illegality, but the value of the catch is only 453 yuan, and the time of the illegal fishing is relatively short, the relevant catch have been dumped back to the sea area in question, now there is no defendant's behavior of the marine ecological environment caused by the specific damage situation of the There is no evidence of specific damage to the marine ecological environment caused by the defendant's behavior, which should be considered as a minor case with little harm. In the course of the proceedings, the public prosecution made a decision to withdraw the prosecution, the court that meets the relevant legal provisions, so it ruled to allow the public prosecution to withdraw the prosecution, and at the same time, through the mechanism of the reverse articulation of execution and punishment, this case was transferred to the administrative authorities, Wang Moushuang, the corresponding administrative penalties.
[Typical significance]
This case is a typical example of the people's court's implementation of the criminal policy of leniency in dealing with cases of illegal fishing of aquatic products. In this case, although the defendant committed the act of illegal fishing with prohibited fishing gear during the closed season and in the closed area, the quantity and value of the catch was small, and all the catch was released after the crime was committed, and there was no evidence that the defendant's actions had caused any specific damage to the marine ecological environment, which was a case of notable triviality and little harm. The people's court took into full consideration the circumstances of the case, accurately judged the degree of responsibility of the perpetrator and the necessity of criminal prosecution, and made comprehensive use of a variety of means to effectively punish the offender, realizing the organic unity of political, social and legal effects.
IV. Criminal incidental civil public interest litigation case of illegal fishing of aquatic products by Zhang Mouxing and others
[Basic facts of the case]
From April 7, 2022 to August 8, 2022, Defendant Zhang Mouxing and others prepared boats, fishing gear, oxygenators and other fishing equipment, and illegally fished 45 times through the use of prohibited tools “ground cages”, with a total value of 416,180 yuan of catch. In addition, the defendant Zhang Mouxing and others in advance with the buyer Tu Mouping (another case), Zhang Mouhui (another case), Li Mouchuan, Xu Mouzhong, Zhang Mouguo, Duan Moubin, Dai Moyu and others to determine the time and location of each landing of the catch, in the landing site that is caught and sold.
[Referee results]
Jiangxi province yugan county people's court hearing that the defendant zhang mouxing and other thirteen people in violation of the protection of aquatic resources laws and regulations, the use of prohibited tools illegal fishing aquatic products, the circumstances are serious, constitute the crime of illegal fishing of aquatic products, the defendant zhang mouxing and other thirteen people were sentenced to fixed-term imprisonment ranging from one year and ten months to four months of detention. Combined with the appraisal opinion of the appraisal institution, at the same time ordered the defendants in their respective scope of responsibility jointly and severally compensation for damage to aquatic biological resources and ecological restoration costs of 2823136.3 yuan, and in the media above the provincial level to make amends and apologize for the statement. After the verdict was pronounced, some of the defendants filed an appeal, and the Intermediate People's Court of Shangrao City, Jiangxi Province, after hearing the case, ruled that the appeal should be rejected and the original verdict upheld.
[Typical significance]
This case is a typical case of illegal fishing of aquatic products characterized by a large number of people involved and a clear division of labour. At present, in order to reduce the number of trading links and circumvent the increasingly severe crackdown, some criminals have a tendency to shift from chain and multi-link crimes to gang crimes, and the degree of damage to fishery resources has become more serious, and the task of ecological restoration has become even more arduous. In this case, the People's Court ordered the defendants to compensate for the damage to aquatic biological resources and ecological restoration costs, and to use the collected resource damage and ecological restoration costs to restore the damaged aquatic biological resources through stocking and releasing, fully reflecting the People's Court's pursuit of the value of restorative justice in assisting ecological environment protection in the Yangtze River Basin.
[Editor: Liu Yaotang]
