Four defendants sentenced to first sentence in Poyang Lake wintering migratory bird hunt

The verdict of the overwintering migratory bird hunting in Poyang Lake

4 defendants were sentenced and bear the cost of ecological environment restoration

　　□ Reporter Huang Hui

　　□ Our correspondent Wang Qianhong Jing

　　On the morning of April 24, the Poyang Lake Environmental Resources Tribunal of the People ’s Court of Yongxiu County, Jiangxi Province, against the high-profile defendant and the defendants in the civil public interest litigation Pu Moushan, Wen Moubao, Liu Mou, Zuo Mou Mao illegally hunted and killed precious 1. The first-instance judgment of the endangered wildlife criminal incidental civil public interest litigation case.

　　The court sentenced the defendant Pumou Mountain to 11 years ’imprisonment with a fine of 50,000 yuan for illegal hunting, killing of precious and endangered wildlife; and sentenced Wenmou to 10 years and 6 months with a fine of 50,000 yuan. ; Liu was sentenced to 8 years in prison and fined 40,000 yuan; Zuo Mou was sentenced to 7 years in prison and fined 30,000 yuan.

　　At the same time, the defendant Pu Moushan, Wen Moubao and Liu Mou jointly charged the ecological environment restoration costs of RMB 354.5 thousand; the defendant Zuo Mao Mao jointly paid the ecological environment restoration costs of RMB 343,000 and ordered four defendants at the provincial level. The above news media published a apology statement.

　　After trial, the court found that in December 2018, Pumou Mountain, Wenmoubao, Liumou, Zuomou Mao poisoned wild birds and made poisonous bait several times. In the vicinity of the railway bridge in Lianxi District of the city). After that, a large number of wild bird dead bodies were discovered by volunteers, bird guards and public security police.

　　The court determined that the 4 defendants poisoned 13 national spoon-billed spoonbills, 1 cygnet, 1 "three animal", 5 geese, 14 ducks, and 4 mallards. At the provincial level in Jiangxi, there are 43 wild birds including 1 heron and 5 bean geese.

　　The court held that Pu Moushan, Wen Moubao, Liu Mou, and Zuo Mao Mao, for food purposes, violated wildlife protection regulations and poisoned the second-level national killing level 2 in the Lushan Gutang Wetland Reserve in the waters of Poyang Lake. The protection of 13 wild spoonbills and one cygnet is very serious, which constitutes the crime of illegal hunting, killing of precious and endangered wild animals, and is a common crime. The charges charged by the public prosecutor's office were established. The defendants Pu Moushan and Wen Moubao played a major role in the joint crime and were the principal offenders; the defendants Liu Mou and Zuo Mou were the accomplices, and the penalty should be reduced according to law. The four defendants also poisoned and killed 23 "three animals" and 6 Jiangxi provincial-level key protected terrestrial wild animals, which can be severely punished according to law. The defendants Wen Moubao and Zuo Mao had a better attitude of pleading guilty during the trial, and can be given a lighter punishment according to law.

　　Poyang Lake is the largest freshwater lake in China, and also an important international wetland and migratory bird habitat. Poyang Lake migratory birds form a dynamic and balanced relationship with the ecological environment of the lake area, maintaining the ecological characteristics of Poyang Lake's biodiversity. The four defendants only met the desire of the mouth and mouth, illegally hunted migratory birds by poisoning, destroyed the national wild animal resources, and caused damage to the biodiversity ecosystem of the Poyang Lake Protection Area, which seriously damaged the national interests and public interests, resulting in Due to the adverse social impact, the defendants should jointly bear tort liability.

　　Considering that the significance of the trial in this case is not only to fill the damage to the general public ’s environmental rights, but also to arouse the environmental protection awareness of all members of the society. Therefore, in the judgment of civil public interest litigation, the court also ordered the four defendants to publish a statement of apology for compensation in the news media above the provincial level.

　　After the verdict in this case, the defendants Pu Moushan and Wen Moubao appealed in court.

　　It is reported that this case is the first criminal case under the jurisdiction of the Poyang Lake Environmental Resources Tribunal that was established after the establishment of a cross-administrative jurisdiction. In recent years, in order to strengthen the judicial protection of the ecological environment of the Poyang Lake area and implement the relevant requirements of the Provincial Ecological Civilization Construction Leading Group, the Yongxiu County Court established the Poyang Lake Environmental Resources Tribunal to exercise centralized jurisdiction over environmental resources cases across Poyang Lake ’s inter-administrative regions. The lake "one lake clear water" provides strong judicial guarantees. In addition, the Yongxiu County Court also established the Biodiversity Judicial Protection Base in Wucheng Township, Yongxiu County with the Jiujiang Intermediate Court and the Jiangxi High Court to conduct judicial protection of the biodiversity of the Poyang Lake Reserve, which is the first case in the country.