China News Service, Yongding, Fujian, April 24 (Chen Lifeng, Lan Xiuhua) The People's Court of Yongding District, Longyan, Fujian Province disclosed on the 24th that the court used the "3 + 4" large collegiate model to hear a criminal incidental civil ecological public interest litigation case The defendants Xiao Mouqiang, Xiao Mousheng, Xiao Mouyong, Xiao Mou, South Africa's Fakaishan planting grapefruit trees, were guilty of illegal occupation of agricultural land, and were sentenced to fixed-term imprisonment ranging from two months to one year and five months. Fines ranging from RMB 73,000 to RMB 41,000 will be paid for compensation for ecological restoration of RMB 20,000.
In January 2016, the defendants Xiao Mouqiang and Xiao Mousheng, without the approval of the competent forestry authority and the consent of the forest owner, partnered to open a mountain in a mountain field in Xianshi Town, Yongding District for planting grapefruit trees. . After the excavator had been working on the mountain for two or three days, the defendants Xiao Mouyong and Xiao Mounan moved into the mountain to plant grapefruit trees. In the process of opening the mountain, the excavator directly hooked the trees and bamboo growing in the mountain field to the land, opened the mountain field into a stepped platform, and planted grapefruit seedlings on the reclaimed platform.
It was found that the defendants Xiao Mouqiang and Xiao Mousheng destroyed 40 acres of forest, destroyed forest stock volume of 27.2 cubic meters, and destroyed 2,720 trees; defendants Xiao Mouyong and Xiao Mounan destroyed forest area of 22 acres, destroyed forest stock 14.96 cubic meters, destroying 1496 trees. Four people damaged the forest species as water conservation forests, and the forestry planting conditions were severely affected. The logs of the defendants Xiao Mouqiang, Xiao Mousheng, Xiao Mouyong, and Xiao Mounan's destroyed trees were 14578 yuan.
It was also found that the defendants Xiao Mouqiang, Xiao Mousheng, Xiao Mouyong and Xiao Mounan paid an ecological restoration compensation of RMB 20,000 on March 5, 2020.
After trial, the court held that the defendants Xiao Mouqiang, Xiao Mousheng, Xiao Mouyong, and Xiao Mounan, without the approval of the forestry authority, illegally occupied the forest land for planting grapefruit trees, which was a large number and caused a large amount of forest land. Destruction, forestry planting conditions were severely affected, and the actions of the four defendants all constituted the crime of illegal occupation of agricultural land.
Furthermore, the four defendants committed illegal acts of illegally occupying agricultural land, causing serious damage to the original vegetation of the forest land, damaging the ecological environment, and damaging public interests. In addition to criminal liability, they should also bear civil compensation liabilities.
According to Article 342 of the Criminal Law and other relevant laws, the court made the aforementioned judgment. (Finish)