An Hua Court tried a case of "labor compensation" to fulfill the liability case of ecological environmental restoration
Author:Voice of Huxiang Time:2022.06.29
Recently, the Anhua County People's Court of the Water Environmental Resources Court publicly tried the defendant Xie Mouwen illegally fishing for criminal civil interest lawsuits.
The defendant Xie Mouwen adopted illegal fishing in the Anhua section of the Zijiang River Basin in the ban on the fishing area and the fishing area, and illegally fishing for 5.28 kg of illegal fishing products. After evaluation of experts, the defendant's illegal fishing behavior caused a total of 5229 losses in the adult fish.
The defendant Xie Mouwen violated the protection of aquatic resources and used the disabled tools to catch aquatic products during the ban on fishing areas and during the fisheries. The defendant illegally caught aquatic products, destroyed the Zijiang waters' fishery resources and waters ecology, and harmed the public interests of the society. While taking criminal responsibility, it should also bear civil liability. According to the facts, circumstances and harmful consequences of the crime in this case, the defendant Xie Mouwen was finally sentenced to four months. Considering that the defendant suffered from disability and various chronic diseases, there was no economic source, unable to bear the ecological repair costs involved in the case, and ordered the defendant to order the defendant Xie Mouwen undertake civil liability by volunteering in the approach of the Zijianghe section.
In recent years, the Anhua Court has actively explored the implementation of the decision implementation of the applicable environmental restoration to achieve the dual effects of repairing the ecological environment and warning education. Considering the special circumstances of the defendant's own and family, the hospital for the first time to determine the party's civil liability by volunteering the "public welfare labor compensation" of the river patrol, which not only fulfilled the responsibility of the ecological environment, but also demonstrated the judicial temperature and care. "Destroyer" transforms into a "guardian", which achieves organic unity of legal effect and social effects. (Correspondent Yin Yali)
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