Weitoubing 丨 Three brothers and sisters sacrifice forest fire cases into the highest Forest resource civil dispute typical cases of civil disputes

The Supreme People's Court recently held a press conference to release the "Explanation of the Supreme People's Court on the Application of Laws on Civil Disputes on Forest Resources" and 10 typical cases in order to strengthen the trial guidance of forest resource civil disputes. The rigorous rule of law protects the forest ecological environment. Among them, the second typical case was a civil public interest lawsuit in the People's Procuratorate of the Lianyungang Economic and Technological Development Zone of Jiangsu Province. The public account of China Forest Prairie Factory WeChat reported on March 11, 2021 that the case was related to this case.

Basic case

In September 2019, the three brothers and sisters of Yangmou brought fire and paper money to the grave on a grave on a mountain in Lianyungang City, Jiangsu Province. When Yang Mo Mei attracted the fire, he accidentally lit the leaves and shrubs. The three of them extinguished the fire, but did not continue to observe and did not report to the relevant departments immediately. After the dark fire reappeared, the large area of ​​mountain forests was burned. The area of ​​the fire forest was 2.4693 hectares, and 1138 dead trees were burned. The fire burning forest is the forest of the soil and soil, which belongs to the national key ecological public welfare forest.

After the forestry department issued an evaluation report and repair plan, it was determined that the loss of the forest ecological benefits caused by the fire was 393,000 yuan, which mainly included water source, conservation soil, solid carbon oxygen, accumulating nutrients, purifying atmospheric environment, forest protection, protection Wildlife functional value, etc.; The repair plan is to plant 1500 black pine and 500 simple trees to create a mixed forest method. During the acceptance, the preservation rate of seedlings should be more than 90%, and the replacement fee for repair is 393,000 yuan.

After the incident, Yang Moumei took the initiative to invest in the case that day. The three of them paid a total of 430,000 yuan as compensation for the loss of ecological environmental benefits, and said that the part beyond the loss part was used as a reimbursement repair deposit. The People's Procuratorate of the Lianyungang Economic and Technological Development Zone filed a public prosecution on the crime of fire, and at the same time filed a civil public interest lawsuit with the three people including Yangmoumei.

Referee result

In the first instance of the People's Court of Guannan County, Jiangsu Province, the defendant Yangmou Mei caused a fire in negligence and caused a fire. The damaged environment is punished from lightly according to law. The three people including the defendant Yang Mo Mei, such as civil public interest litigation, should know that the use of Minghuo worship may cause forest fires. The damage bears compensation and restoration responsibility. Then he was sentenced to one year in prison and two years in prison; three people such as Yangmou Mei were compensated to compensate the ecological and environmental benefits of 393,000 yuan. Complete compensation ecological restoration costs of 393,000 yuan (deducted by the deposit that has been paid). After the verdict, the parties did not appeal and protest, and the first trial had legal effect.

Typical meaning

The harm of forest fires to forest resources is extremely great. It not only damaged large -scale forests in a short period of time, causing serious property losses and personal casualties, but also caused loss of service functions of forest ecosystems.

Destroying the trial of forest resource cases, in addition to the legal responsibility of the actor in accordance with the law, the core is the restoration of the damaged ecological environment. In this case, the people's court formulated a detailed repair plan in accordance with the professional opinions issued by the forestry department as a judgment

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