Traveler was sentenced for hitting rock spikes while damaging historical sites
On January 12, the Supreme Law issued the 26th batch of guiding cases.
Including a case of deliberate destruction of historical sites.
The Supreme Law pointed out in the main points of the judgment that if the destruction of the world natural heritage in the core scenic area is carried out such as rock nailing, which seriously damages the naturalness, primitiveness, integrity and stability of the natural heritage, comprehensive consideration of the characteristics of the relevant geological heritage, The degree of damage, etc., can be determined as the “serious circumstances” of deliberately destroying nationally protected places of interest.
According to reports, the case was a case of imprisonment for damaging the core scenic area of a scenic spot, which has aroused widespread concern in the society.
Rock climbing activities are becoming more and more popular in China, but the public is still not fully aware of the legal boundaries.
The handling of this case is not only conducive to unifying the scale of refereeing and providing guidance for handling the case, but also conducive to guiding the public to legally participate in outdoor adventure activities such as rock climbing.
Case /
3 people drove 26 nails into the rock
Crime of deliberately destroying historical sites
According to the case reported by the Supreme Court, around April 2017, Zhang Yongming, Mao Weiming, and Zhang Lu contacted via WeChat and agreed to go to the Sanqingshan Scenic Area to climb the "Mongolian Outburst" rock pillar (also known as the Giant Python Peak).
At around 4 am on the 15th of that month, the three of them brought electric drills, pitons (expansion bolts, stainless steel), hammers, ropes and other tools to the bottom of the Giant Python Peak.
Zhang Yongming climbed first, Mao Weiming and Zhang Lu pulled the ropes to protect Zhang Yongming's safety.
During the climbing process, Zhang Yongming drilled rock nails in dangerous places, used an electric drill to drill holes in the rock mass of Jumangfeng, then used a hammer to drive the rock nails into the hole, tightened with a wrench, and then clothed the rock nails. rope.
In this way, Zhang Yongming climbed to the top of Montana Peak at about 6:49 in the morning.
Mao Weiming has been following Zhang Yongming to protect Zhang Yongming by pulling the rope, and along the rope that Zhang Yongming has clothed, he climbed to the top of the Giant Python Peak at around 7 am.
At the top of Monty Python Peak, Zhang Yongming gave Mao Weiming the extra tools. Mao Weiming descended the rope and brought the extra tools back to the hotel. Then he returned to Monty Python Peak and climbed more than 10 meters above the Monty Python Peak. The staff persuaded and was controlled by the police.
At the beginning of Zhang Yongming and Mao Weiming’s climbing, Zhang Lu pulled the rope to protect Zhang Yongming. After that, Zhang Lu returned to the hotel to pick up the drone, and then returned to the Giant Python Peak, along the rope laid by Zhang Yongming, at about 7:30 in the morning. Climb to the top of Monty Python Peak and use drones to shoot at the top.
Persuaded by the staff, Zhang Lu and Zhang Yongming descended to the bottom of the Giant Python Peak at about 9 a.m. and 9:40 a.m. and were controlled by the police.
After on-site investigations, Zhang Yongming penetrated 26 pitons on the Giant Python Peak.
Experts demonstrated that the actions of the three defendants caused serious damage to the Jumangfeng geological relics.
On December 26, 2019, the Intermediate Court of Shangrao City, Jiangxi Province issued a judgment: Zhang Yongming was sentenced to one year for the crime of deliberately destroying historical sites and a fine of 100,000 yuan; Mao Weiming was sentenced to six months for the crime of deliberately destroying historical sites and a suspended sentence for one year. , And fined 50,000 yuan; Zhang Lu was exempted from criminal punishment for the crime of deliberately destroying historical sites.
After the sentence was pronounced, Zhang Yongming appealed.
On May 18, 2020, the Jiangxi Provincial High Court ruled to reject his appeal and uphold the original judgment.
Hazard /
Cause permanent damage to Monty Python
Accelerate the erosion process of granite columns
Regarding the damage results of the case, the Supreme Law introduced that Sanqing Mountain was listed as a national key scenic spot approved by the State Council in 1988, was included in the World Natural Heritage List in 2008, and was included in the World Geopark List in 2012.
As the core iconic landscape of Sanqing Mountain, Montana Peak is unique and precious. It is not only a non-renewable rare natural resource asset, but also a sustainable natural asset. It has great scientific, aesthetic and economic value for all mankind. .
The Giant Mang Peak is a giant granite stone pillar formed by long-term natural weathering and gravity disintegration. The vertical height is 128 meters and the smallest diameter is only 7 meters.
In this case, the four experts hired by the investigative agency conducted on-site investigations, evidence inspections, and scientific analysis to determine the value, cause, and structural characteristics of the Jumang Peak geological relics and the damage to Jumang Peak’s columns caused by the actions of the three defendants. The situation gives an "expert opinion".
From the perspective of geosciences, the four experts believed that the defendant’s rock spike climbing caused permanent damage to the core landscape of the world’s natural heritage, Giant Python Peak, and destroyed the basic properties of the natural heritage, namely naturalness, primitiveness, and integrity. In particular, the penetration of at least 4 pitons in the fragile section of the Jumang Peak’s column has increased the fragility of the Jumang Peak’s column structure, which will damage the stability of the Jumang Peak. Directly induce and aggravate physical, chemical, and biological weathering, forming new cracks, accelerating the erosion process of granite pillars, and even causing disintegration.
According to the “Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases That Impair the Management of Cultural Relics,” Article 4, paragraph 2, item 1, and combined with “expert opinions”, it should be determined that the actions of the three defendants caused a place of interest The "severe damage" of historic sites has violated the provisions of the second paragraph of Article 324 of the Criminal Law, and constitutes the crime of deliberately damaging historic sites.
According to the Supreme Law, the imprisonment of the three defendants is not only a negative evaluation of their actions, but also a warning to the world not to destroy the nationally protected places of interest, so as to guide the public to establish a correct view of ecological civilization, cherish and treat humanity well Natural resources and ecological environment on which to survive and develop.
The penalty imposed by the court of first instance based on the status, role and sentencing circumstances of the three defendants in the joint crime was not improper.
Chengdu Commercial Daily-Red Star News reporter Gao Xin reports from Beijing