Increase the cost of illegal illegal, protect the marine ecology, and maintain marine public welfare

[Introduction to the case] From September to November 2018, 15 people including Shen Dadong made illegal profits, and illegally acquired sea turtles from Putuo District, Zhoushan City, Zhejiang Province, and dock fishing boats in Dinghai District. A total of 236 turtles and green turtles were transported to Guangdong for sale. Among them, on the evening of October 18, 2018, the truck under Shen Dadong was seized by the public security organs. Public security personnel seized two turtles and 105 turtles on the spot, all of which were national second -level protection animals.

At the beginning of 2019, 15 people including Shen Dadong and other 15 people such as Shen Dadong were suspected of illegal acquisition, transportation, sale of precious, and endangered wildlife cases. Situation. After understanding, the criminal case involves a large number of parties. The determined dead turtles have reached 128, and the self -conscious death turtles have reached about 400. The Zhoushan Procuratorate believes that the case is major and complicated, and the national interests and social public interests are seriously damaged. They have performed civil public interest lawsuits on April 16 and April 18 of the same year, respectively. After the case was filed, the Zhoushan Procuratorate fixed the evidence of infringement in a timely manner. At the same time, six people such as Shen Dadong and other six people were interrogated, retracted the call records, WeChat chat records, transfer details, vehicles entering and leaving the cross -sea bridge flowing list, Zhoushan sea turtle period activity data, etc. Evidence, find out the facts, quantities and other facts involved in the infringement of each infringer.

The court published an announcement in accordance with the law to urge the qualified subject to file a civil public interest lawsuit with the court in accordance with the law. At the end of the announcement period, there was no qualified subject to file a civil public interest lawsuit. On May 22, 2019, the Zhoushan Procuratorate filed a civil public interest lawsuit with the Ningbo Maritime Court, asking Shen Dadong and other 15 defendants to apologize publicly, and the total of more than 6.53 million yuan in ecological restoration compensation within their respective infringements. During the trial, the defendants had no objection to the infringement facts of acquisitions, transportation, and selling turtles, but proposed that it was not a direct responsibility for the death of turtles and should not bear the liability for compensation; appraisal agencies and appraisers had no price appraisal qualifications.

The prosecutor of the public interest litigation appeared in court on the opinions of the defendants, and believed that some turtles in this case were sold to Guangdong. Although they were not killed, marine biological resources and ecological environment were still illegally infringed. Moreover, there is a causal relationship between the infringement of each defendant and the consequences of marine biological resources and the consequences of ecological environmental damage. According to the provisions of Document [2002] No. 22 of the Ministry of Agriculture, the value standards for the national secondary protection of aquatic wildlife are implemented in accordance with the 6 times the protection fee of the animal resource protection fee. Combined with the opinions of experts, on the basis of comprehensive consideration of the value of aquatic wildlife species in various aspects of economics, research, ecology, society, and genetic resources, it is confirmed that the ecological restoration compensation of more than 6.53 million yuan is legal and valid.

In November 2019, the Ningbo Maritime Court made a first -instance judgment that the inspection and appraisal issued by Zhejiang Ocean University was legal and valid. The procuratorial organs were not inappropriate in accordance with the value of turtles to determine ecological restoration compensation. The quantity is also reasonable; the behavior of each defendant is illegal, the behavior and damage results have a causal relationship, and subjectively have a common intention to constitute a common infringement. In the end, the court ruled that the defendants apologized publicly on the city -level media of Zhoushan City, and associated a total of more than 6.53 million yuan in ecological restoration compensation within their respective infringement liability scope.

[Analysis] Turtles have an irreplaceable position in the history of biological evolution. They are called marine "living fossils". They are flagship species and species of marine ecosystems, which is of great significance to the protection of biodiversity. The procuratorial organs have increased their protection methods through the performance of public interest litigation procuratorial duties, increased the cost of illegal illegal costs, and maximized the protection of public interests.

I. Zhoushan's "Turtle Turtle Series Case" is the first batch in the nation's civil public interest litigation cases filed by the procuratorate to the Maritime Court of Maritime Court. Some legal problems and dilemma in the public interest lawsuits play a demonstration role in the future of the procuratorial organs to handle relevant civil public interest litigation cases. This series of cases also effectively expand the social influence of civil public interest litigation, and convey to the public a signal that destroys the natural resources and ecological environment of the ocean and ecological environment to the public. The role of public interest litigation prevention and warning has achieved the effect of "handling one case, warning, and education influences the society".

2. In the case of biological resources damage, the cause and effect relationship of infringement and the consequences of damage should be different from ordinary infringement cases. Compared with the direct and instantaneousness between the infringement behavior and the consequences of damage in ordinary infringement cases, in the case of biological resources damage public interest litigation cases, some infringement behaviors have indirect, gradual, long -term long -term destruction The characteristics of sexuality, the acquirer, the transporter, the seller and the direct infringement fishing, the hunter are a community of interests, and have a legal cause and effect on the destruction of biological resources and the damage of the ecological environment. Therefore, for the common infringement behavior of destroying biological resources, without the case of some infringers, the infringer who has found the facts that the facts have been found to be found to be found to be found on the infringement. And each infringer shall bear joint and bring compensation liability within the scope of infringement. 3. For civil public interest litigation cases with criminal criminals, procuratorial organs can file a separate civil public interest lawsuit and determine the scope of the defendant in accordance with the rules of civil evidence. In terms of evidence identification, the standards of civil infringement facts are much lower than the criminal certification standards of "excluding reasonable doubt", and only the degree of "highly ligament" can be achieved. The facts and evidence that criminal cases have been identified in accordance with the law can be used as the exemption facts of the relevant civil public interest litigation cases. If the fact that the criminal case has not been identified has reached the standard of civil litigation identification, it should also be determined. In this case, the procuratorial organs used the defendant's self -confidence, conducive to the defendant, and historical data research.

(Source: Procuratorial Daily Author: Zhejiang Provincial Procuratorate 4 senior prosecutor Wang Jicun, Assistant Miao Yan, Assistant to Prosecutor 4 Prosecutor of the Procuratorate of Zhoushan City, Zhejiang Province)

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