Millions of punitive compensation!The consequences of illegal sand mining in the Yangtze River are very serious!

The Yangtze River sand is a part of the riverbed. The sand mining of the Yangtze River is closed, water supply, shipping, shipping, infrastructure and ecological safety. In order to protect the ecological environment of the Yangtze River Basin, on March 1, 2021, my country's first watershed protection law "The Yangtze River Protection Law of the People's Republic of China" (hereinafter referred to as the "Yangtze River Protection Law") was officially promulgated and implemented. Among them, it is clear that the sand mining area is prohibited in the Yangtze River Basin and the sand mining activities are prohibited from the sand mining period, and more stringent punishment measures are stipulated for illegal sand mining behaviors. However, in the same year in the "Yangtze River Protection Law", there are still people who are lucky to try to try the law, and use illegal sand mining and sales to obtain huge benefits from it.

Summary of the case, from March to July 2021, 32 people such as Zhang Moumou and Zhang Moumou made together to work with each other, using illegal modified invisible sand pumping boats to perform illegal sand mining in the banned area of ​​the Tongling River section in Anhui Province, directly Transfer to sand ships for sale. Criminal gang modification, stolen, over -refuting, transportation, and sales of full -chain operations. By the time of the incident, 10 crimes were committed, 46,765 tons of Jiangsha, and 2.893 million yuan, causing severe damage to the Yangtze River Jiangsha resources and ecological environment. Ma Moumou knew that the Jiang Saudi system was stolen, and he still acquired 1,700 tons and sold it. The case was governed by the Supreme People's Procuratorate's inter -provincial province to designate the Jiangsu Provincial People's Procuratorate (hereinafter referred to as Jianhu County Institute) and jointly supervised it with the Ministry of Public Security. When the Jianhu County Academy involved in the case, it was found that the illegal mining behavior involved in the case may undermine the ecological environment and the public interests of social public interests, and decided to carry out criminal civil public interest lawsuits, and issued an announcement and conducted investigations in accordance with the law. During the joint investigation, the Jianhu County Water Resources Bureau played a professional advantage and determined that the sand mining location was located between the banned area between the rivers of the national nature reserves of Tongling Freshyfish Dolphin, Anhui Province. The protected area is the first place in the world to use semi -natural conditions to carry out different places for wild animals such as porpoons, and has special and rich animal and plant resources. The Satsuki Administration of the Yangtze River and Tongling City Water Conservancy Bureau issued the situation to explain that it proves that there is no planning area in the dry stream waters of the Yangtze River in Tongling City, and after January 2020, the Anhui section of the Yangtze River has not been issued. Confirm the illegality of sand mining in the case. During the investigation of the case, in view of the particularity of the sand mining waters, according to the suggestion of the Water Resources Bureau, professional agencies were entrusted to conduct a comprehensive and quantitative assessment of river bed structure, aquatic biology, and ecological service functions. After assessment, the estimated volume of Jiangsha resource losses caused by illegal mining behavior was 23382.52 cubic meters, and the amount of mineral resources and ecological environmental damage assessment was 5157476.86 yuan. It was also found that Zhang Moumou was sentenced to punishment for illegal mining. Bao Moumou once again implemented illegal mining behavior during the suspected illegal mining crime.

Results of penalty //

On February 11, 2022, according to the specific division of labor and role of the person involved in the case, the Jianhu County Court filed a civil public interest lawsuit with 14 people including the sand mining ship owner and the sand shipping ship owner of the 33 defendants, and claimed that they were in each. Participate in the scope of the number of sand mining and compensation for the ecological environment damage of 5157476.86 yuan, and the cost of technical evaluation of 280,000 yuan, apologizing for public repayment in the national media. At the same time, Zhang Moumou and Bao Moumou, who have inferior traces of the previous subject, shall, in accordance with the provisions of Article 232 of the People's Republic of China. Sexual compensation liability is 135445.02 yuan, 12688.88 yuan.

The People's Procuratorate of Jianhu County, Jiangsu Province sued Zhang Moumou and others in the trial of trial of criminal sand mining in the Yangtze River

On March 1, 2022, after being tried by the Dongtai City People's Court of Jiangsu Province and sentenced in court, 33 defendants were sentenced to one year to four years and six months in prison and fined. At the same time, the court supported the procuratorate. All public interest claims. The judgment has taken effect.

Case evaluation

① Give full play to professional advantages, help scientific punishment for comprehensive assessment of the case of damage to water ecological function, the advantages of water conservancy professionals, provide scientific and objective identification results, and actively provide relevant situations for the procuratorial organs, further confirm the sand mining of the case involved in the case. Illegality. At the same time, in the process of obtaining evidence, according to the suggestion of the water conservancy department, the commissioned professional institutions will conduct a comprehensive and quantitative assessment of the waters involved in the case, and protect the ecological environment involved in the case as much as possible. ② Punishment punishment compensation and increased punishment for the illegal sand mining behavior of 32 people such as Zhang Moumou and Zhang Moumou in the case, which has severely damaged the structure of the river bed, aquatic biology, ecological service functions, etc. The Civil Code and the "Yangtze River Protection Law" relevant provisions, the punishment of the relevant personnel shall bear the punishment liability for double ecological environmental damage to show the punishment.

This case is a major illegal sand mining case that happened on the Yangtze River after the "Yangtze River Protection Law" was implemented. In this case, in response to the particularity of the sand mining waters, the water conservancy department actively played a role, conducted professional standardized investigations and comprehensive evaluation of the degree of damage to water ecological function, and provided scientific basis and professional support for the final penalty. At the same time, this case breaks through the traditional compensation liability demands, based on the loss caused by water ecological functional damage, and the "Interpretation of the Supreme People's Court of the Supreme People's Court on the Application of Punishment of Punishment of Punishment of Ecological Environmental Infringement Disputes in the Supreme People's Court" The two defendants who have the front divisions have a separate claim for punishing the liability for punitive compensation, realizing the punishment and prevention function of public interest litigation, and amplifying the warning effect.

This article was strongly supported by the Ministry of Water Resources Policy and Regulations.

Produced 丨 Fan Yizi

Responsible editor 丨 Luo Jingyue

Copywriting 丨 Wang Yu (Trainee) Luo Jingyue

School pair 丨 Zhou Nianchen

- END -