Four people captured earthworms and were sentenced to compensation more than 200,000?The truth is ...
Author:Guangming Daily Time:2022.09.04
Recently, the Bijie Intermediate People's Court of Guizhou Province opened a trial and tried the "Catcher Wild Earthworm" civil public interest lawsuit filed by Bijie People's Procuratorate.
The procuratorial organs asked the people's court to order the defendant Liu Moujun and other four people to immediately stop making the villagers illegally captured, acquired, processed, and sold wild earthworms in the forbidden hunting tools. The loss of ecological service functions is 38655.1 yuan, and the appraisal fee is 10,000 yuan, and apologies will be publicly paid in the national media.
The court was sentenced to court after trial and supported all the procuratorial organs' claims.
After investigation, at the beginning of this year, Liu Moujun and other earthworms poured into Weining, sending the electrical earthworm equipment "Dilong Yi" to the villagers and teaching how to use it, allowing the villagers to capture wild earthworms in cultivated land, wasteland, grassland, and forest land. Then acquire, process, and sell them to the Chinese medicinal materials market in other places to form a "black industry chain" of killing, acquisition, processing, and sales of wild earthworms.
Faced with this "unique household" murder, the procuratorial organs cooperated with the relevant functional departments to carry out a war -defense war related to animals, soils, and ecology.
After research and demonstration, the People's Procuratorate of Weining County believed that the behavior of catching earthworms severely damaged the soil ecosystem and biodiversity, and harmed the public interests of the society.
Immediately issued procuratorial suggestions to the ecological environment and wildlife protection departments, and suggested that the regulatory duties in the exertion of the electrical capture earthworms in the jurisdiction were proposed.
At the same time, after Liu Moujun and others started an investigation, acquisition, processing, and sales of wild earthworms, they were transferred to the Bijie People's Procuratorate for review and prosecution.
The case handling has also been valued, guided and supported by the superior procuratorate.
The Eighth Procuratorate of the Supreme People's Procuratorate commissioned the School of Life Sciences of Peking University to issue expert opinions on the loss of wild animal resources and the loss of ecological service function caused by the case, and transfer it to the Bijie People's Procuratorate as evidence to submit it to the court.
The case handling unit also proactively asked the "China Green Development Association" consultation to the "Dragon instrument" manufacturer of the electric shock earthworm equipment "Dragon instrument" manufacturer, and entrusted the third -party institution with judicial appraisal qualifications to issue an appraisal opinion. Confirm the loss of wild animal resources and ecological service functional losses.
During the trial on August 26, the procuratorial organs showed a large amount of evidence such as the on -site photos, videos, the statement of the parties, the testimony of the witnesses, the opinions of the witnesses, the opinions of the expert, and the appraisal opinions. The acquisition, processing, and selling to other places have destroyed the ecological environment and biodiversity of the soil, and harmed the public interests of the social.
The court held that the defendant such as Liu Moujun provided the "Dragon instrument" instigating the villagers to use electric shocks to destroy, acquire, process, and sell wild earthworms to cause land knots for the land. When a decrease, permanent damage to the land, in accordance with the law, the responsibility shall bear the responsibility of stopping infringement, eliminating danger, compensation loss, and apologizing to the public.
In the end, the court sentenced the court to support all the procuratorial organs' claims.
The prosecutor said that in recent years, as the market demand of earthworms has continued to increase, the prices of earthworms have continued to rise, and more and more people have joined the "Electric Earthworm Army".
In this regard, law enforcement judicial scale in various places is different. The procuratorial organs have actively explored the practice of the judicial protection of wild earthworms by filed a civil public interest lawsuit, and have been widely recognized by all sectors of society.
It is reported that the Supreme People's Procuratorate has launched the "Earthworm Defense War" public interest litigation prosecution in Guizhou, Jiangsu, Heilongjiang, Jilin, Zhejiang, Shanghai, Guangdong, Beijing and other places.
The relevant functional departments of the Ministry of Agriculture and Rural Affairs, the State Forestry Bureau, the State Market Supervision Administration, the Ministry of Ecology and Environment, the Ministry of Public Security, the State Administration of Traditional Chinese Medicine, and the State Drug Administration's 7 ministries and commissions recently jointly jointly jointly issued "strengthening the protection of wild earthworms and improved soil ecology "Notice of the Environment also clearly states that the phenomenon of" extinction "to kill wild earthworms in some places is required to quickly investigate and rectify illegal capture, acquisition, and processing wild earthworms, urge the trading venues Protection, further standardize the management of earthworms, and guide the improving public protection awareness.
(Guangming Daily All -Media Reporter Lu Shen Guanhe Comprehensive Guizhou Procuratorate, Weining Procuratorate, Guizhou Guizhou, etc.)
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