Xiao Moumou, Ganzhou, was sentenced to 318 days to patrol the river

318 days of compensation for the river tour with labor service

Public apology at the news media above the municipal level

Ganzhou office

The first case was compensated for civil public interest lawsuits with labor services

Recently, the Ganzhou Economic Development Zone Court made a judgment on the criminal attachment of illegal fishing aquatic products and bringing civil public interest litigation, and used labor compensation to replace the replacement of ecological restoration compensation. The defendant Xiao Moumou compensated for 318 days of compensation for the river patrol to compensate the losses of 73151.2 yuan caused by the illegal fishing activities to the aquatic creature of Zhangjiang Basin, and apologized for publicly at the city -level news media.

Retrospective

It is reported that Xiao Mou was a river cleaning staff from the Yangmeidu Bridge to the Feilong Bridge from the Zhangjiang River section of Ganzhou. Beginning in January 2020, Xiao Moumou will use fishing nets to fish in the river section after get off work.

On August 31, 2020, the Jiangxi Provincial Department of Agricultural and Rural Affairs issued and implemented the "Announcement on the Prohibition of Thirty -two Fishing Set and Fishing Methods such as electroxilid frying in natural waters" in Jiangxi Province. Fishing gear for fishing for fishing. From September 2020 to September 2021, Xiao Moumou still used a three -layer thorns to fish and sold for profit. On October 26, 2021, the public security organs captured Xiao Moumou and seized 9 fishing nets on the spot. It is identified that it is a three -layer thorns made of single -shares, which is a disabled fishing gear.

After the incident, the Ganzhou Economic Development Zone Procuratorate was reviewed that Xiao Moumou's illegal fishing behavior disrupted the ecological balance of fishery and the ecological environment of the water. In addition to taking criminal responsibility, ecological restoration compensation should be carried out. The losses caused by illegal fishing activities to the aquatic creature in the Zhangjiang River Basin were 73151.2 yuan.

During the case handling process, the prosecutor learned that Xiao Moumou had a low income and lack of financial compensation, and Xiao Moumou had no criminal department. , To be able to comply with discipline and law in daily life, in order to take into account the recovery judicial concept and people -oriented judicial temperature, comprehensively considering the factors of all parties, the prosecutor has born to explore Xiao Moumou's idea of ​​repairing the replacement of labor compensation repairs to repair the damaged ecology. Essence

In April this year, the Ganzhou Economic Development District Procuratorate held a hearing on the case, inviting administrative agencies, lawyers, and village committees as a hearing. Considering the actual situation of the parties Xiao Moumou, all parties finally agreed that the case was replaced by labor compensation for ecological repair and compensation, and a preliminary ecological repair plan was formed. In May, the case -handling staff of the Procuratorate visited the water sanitation office of the Zhangjiang River Basin, the judicial administrative agencies and personnel of Xiao Moumou's residence, and the grass -roots organizations and other relevant units and personnel to solicit opinions and suggestions on the labor compensation plan. After listening to opinions and suggestions from various parties, and combined with foreign experience and practices and actual conditions, they clarified the content, time, daily supervision, supervision, and not fulfilling legal liabilities of labor compensation.

On June 16, the case was tried in the Ganzhou Economic Development Zone Court. While investigating Xiao Moumou's criminal responsibility in accordance with the law, all supported the criminal attachment of the procuratorate's criminal public welfare lawsuit request, and the defendant Xiao Moumou paid for labor compensation for labor compensation. The 318 -day way of tours compensate the ecological restoration cost of 73151.2 yuan. The content is to clean up the riverside of the Zhangjiang River Basin, inspect and report to destroy the illegal ecological resources of the river region; and apologize for publicly at the news media at or above the municipal level.

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According to Article 340 of the Criminal Law, the crime of illegal fishing products refers to violating the protection of aquatic resource regulations and used disabled tools and methods in the ban on fishing areas and fishing. There is a period of imprisonment, detention, control or fine.

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