China News Service Nanchang, May 18 (Wang Qian, reporter Wang Jian) The first case of deliberately destroying natural remains in the country was punished by the second instance on the 18th. The court ruling dismissed the appeal and upheld the original judgment of the first instance.
On the 18th, the Jiangxi Provincial High People's Court (hereinafter referred to as the "Jiangxi High Court") appealed the defendant Zhang Mouming, Mao Mouming and Zhang Mou's crime of intentionally damaging places of interest, and the appellants Zhang Mouming, Zhang Mou and the defendant The appellant Jiangxi Shangrao People's Procuratorate and the original trial defendant Mao Mouming conducted a public judgment in the second instance.
After trial, the court found that at around 4 a.m. on April 15, 2017, Zhang Mingming, Mao Mouming, and Zhang Mou arrived in the Sanqingshan Scenic Area, a world natural heritage site, with tools such as electric drills, rock nails, hammers, and ropes. At the bottom of the rock column (also known as the giant python peak).
On May 18, the Higher People's Court of Jiangxi Province rejected the appeal and upheld the original judgment of the first instance. Photo courtesy of Jiangxi High Court
Zhang Mouming climbed first, and Mao Mouming and Zhang pulled the rope underneath to protect Zhang ’s safety. During the climbing process, Zhang Mingming drilled rock nails in dangerous places, used an electric drill to drill holes in the rock mass of the Python Peak, and then used a hammer to drive the rock nails into the holes, tightened with a wrench, and then nailed the rock nails Put on the cloth rope. Zhang Mingming climbed to the top of the giant python peak in this way. After that, Mao Mouming and Zhang Mou climbed to the top of the giant python peak along Zhang Mingming's ropes. After the three were found, they were taken to the police. After on-site investigation, Zhang Mouming scored 26 rock nails on the giant python peak.
Experts have demonstrated that the actions of the three people have caused serious damage to the geological site of the "Bamboo Peak".
In criminal cases, the Intermediate People ’s Court of Shangrao City, Jiangxi Province sentenced Zhang Mouming to one year ’s imprisonment for the crime of intentionally damaging places of interest and a fine of RMB 100,000 (RMB, the same below); the defendant Mao Mouming was sentenced to 6 in prison Monthly, suspended for 1 year, and fined 50,000 yuan; defendant Zhang Mou was exempted from criminal punishment.
In environmental civil public interest litigation cases, the Shangrao Intermediate People's Court ruled that the defendants Zhang Mouming, Mao Mouming, and Zhang Mou published an announcement in the national media on the 10th after the judgment came into effect, and paid apologies to the public; RMB 6 million for public ecological environmental protection and restoration; compensation for the expert fee paid by Shangrao Municipal People's Procuratorate in civil public interest litigation of 150,000 yuan.
The nation's first case of intentionally damaging natural remains was sentenced to second instance on May 18. The court ruling dismissed the appeal and upheld the original judgment of the first instance. Photo courtesy of Jiangxi High Court
After the sentencing of the first instance, Zhang Mouming refused to accept the criminal judgment of the first instance and filed an appeal; Zhang Mingming and Zhang refused to accept the civil judgment of the first instance and filed an appeal.
In the criminal case, the Jiangxi High Court held after trial that the core scenic spot of the scenic spot is a historic site protected by China's criminal law. The Jumon Peak Geological Relic Site is the iconic landscape and the core part of Sanqingshan Scenic Area. The defendants Zhang Mingming, Mao Mouming, and Zhang violated the social management order and used destructive climbing methods to climb the giant python peak, causing serious damage to the giant python peak, the plot was serious, and their actions have constituted the crime of deliberately destroying places of interest, Should be punished according to law. The penalty imposed by the court of first instance based on the status, role and sentencing of the three defendants in the joint crime was not inappropriate. Appeal opinions such as Zhang Mouming's and his defender's request to change the acquittal cannot be established and will not be accepted. The first-instance judgment found that the three defendants had clear criminal facts, the evidence was firm and sufficient, the conviction was accurate, the sentencing of the three defendants was appropriate, and the trial procedure was legal. The ruling dismissed the defendant Zhang Mouming's appeal and upheld the original sentence.
In environmental civil public interest litigation cases, the Jiangxi High Court held that the ecological environment is the foundation of human survival and development, and the destruction of natural resources is the destruction of the ecological environment. Chinese law clearly protects natural relics and scenic spots as environmental factors, and stipulates that all units and individuals have an obligation to protect the environment. Those who cause damage due to the destruction of the ecological environment shall bear tort liability. Zhang Mingming, Mao Mouming, and Zhang Mouxing used rock nails to climb and climb the giant python peak to cause irreparable permanent damage, harmed the public interest of the society, and constituted a joint infringement. With reference to the conclusion of the "Assessment Report", the court of first instance comprehensively considered the legal, social, and economic factors in this case, and it was not inappropriate to determine the amount of compensation to be 6 million yuan in accordance with the law. The appeal requests of Zhang Mouming and Zhang Mou could not be established and should be dismissed; the judgment of the first instance found the facts clear, the applicable laws were correct, and should be maintained. The judgment rejected the appeal and upheld the original sentence.
According to the Jiangxi Higher People's Court, the case is the first criminal case in the country that intentionally damages natural relics and is also the first civil prosecution case against ecological damage to the environment by the procuratorial organ. (Finish)