Three people were sentenced to bear 6 million environmental resource losses when climbing the Giant Anaconda Peak to hit a rock spike
On September 2, the Supreme People's Court issued the 29th batch of guiding cases.
The reporter noticed that this included a civil public interest litigation case involving three persons including Zhang Moumou who had been widely concerned about deliberately damaging Sanqingshan Mang Peak.
It is reported that in addition to being held criminally responsible, Zhang and other three people also face joint compensation of 6 million yuan for environmental resource losses, joint and joint responsibility for expert assessment fees of 150,000 yuan, and published an announcement in the national media to apologize to the public.
The Supreme People’s Procurator pointed out that the perpetrator’s civil tort liability for high environmental resource damage compensation fully reflects the unique system value of public interest litigation to protect the public interest, which not only helps to repair the damaged public interest, but also warns potential offenders. , To awaken the general public's awareness of protecting the environment and cherishing natural resources.
According to the case reported by the Supreme People’s Procuratorate, on April 15, 2017, Zhang Moumou, Mao Moumou, and Zhang Moumou went to the Sanqingshan Scenic Area in Shangrao City, Jiangxi Province to climb the Giant Python Peak and used electric drills to drill, drill, and drill rock nails. Climb to the top of the Giant Python Peak one after another by laying ropes.
After on-site investigation, Zhang Moumou and others infiltrated 26 pitons from bottom to top on Jumang Peak.
The public security agency commissioned an expert group to argue that the 26 pitons nailed into the Giant Mang Peak belong to iron and steel materials, which will directly induce and aggravate the physical, chemical, and biological weathering process of the Giant Mang Peak. The smallest part of the Mang Peak (about 7 meters in diameter) ) Has been driven into at least 4 pitons, forming new fissures, which will accelerate the erosion process of the granite column and even cause its disintegration.
Zhang Moumou and other three people's climbing with rock nails caused permanent damage to the giant python peak, destroying the naturalness, primitiveness and integrity of the natural heritage.
In October 2017, Zhang Moumou and others were transferred to the public security organ for prosecution on suspicion of deliberately destroying historical sites.
On December 26, 2019, the Intermediate Court of Shangrao City issued a criminal judgment and found that Zhang, Mao, and Zhang were guilty of deliberately damaging historical sites and sentenced Zhang and Mao to fixed-term imprisonment for one year and six months, respectively , The fine was 100,000 yuan or 50,000 yuan, and Zhang was exempt from criminal punishment.
During the review and prosecution of the Xinzhou District Procuratorate of Shangrao City, it was discovered that the trio’s deliberate damage to the Python Peak of Sanqing Mountain might harm the public interest, and the clue was transferred to the Shangrao City Procuratorate on March 29, 2018.
In May 2018, the Shangrao City Procuratorate commissioned three experts from Jiangxi University of Finance and Economics to set up an expert group to evaluate the damaged value of Sanqingshan Montana Peak and form an "assessment report."
The expert team used the internationally accepted conditional value method to evaluate the damage consequences of Sanqing Mountain's Giant Mang Peak, and analyzed that the lowest threshold of the event's loss to the value of the Giant Mang Peak's ecological services was 0.119 to 237 million yuan.
On August 29, 2018, the Shangrao City Procuratorate filed a civil public interest lawsuit in the Shangrao City Intermediate Court, appealing to order the three defendants to bear the joint and several losses caused by the non-use value of Monty Mang Peak in accordance with the law. Liability, and publicly apologized in the national news media.
On December 27, 2019, the Shangrao Intermediate People’s Court made a first-instance judgment. Based on the evaluation report of the Jiangxi University of Finance and Economics expert group and taking into account the economic conditions and compensation capabilities of the three defendants, it ordered the three defendants to jointly compensate for the loss of environmental resources. 6 million yuan, together with 150,000 yuan of expert evaluation fees, and published an announcement in the national media to apologize to the public.
Zhang Moumou and Zhang Moumou appealed against the judgment of the first instance.
The Jiangxi Provincial Higher Court issued a second-instance judgment on May 18, 2020, dismissing the appeal and upholding the original judgment.
Chengdu Commercial Daily-Red Star News reporter Gao Xin reports from Beijing