[Explanation] On October 20th, at the public hearing held by the People's Procuratorate of Daowai District, Harbin City, Heilongjiang Province on the banks of the Songhua River, a number of criminal suspects were carrying out artificial fish breeding and releasing activities, and a total of various types of fry were released. More than a thousand tails.
[Explanation] Since the beginning of this year, there have been many cases of illegal fishing of aquatic products during the fishing ban period in the Songhua River waters. Many criminal suspects have used fishing ban tools for illegal fishing, which has damaged the spawning and reproduction of fish, affected the conservation of fishery resources, and damaged the ecological balance.
[Concurrent] Cheng Lihua, Secretary of the Party Leadership Group and Chief Procurator of the Daowai District People's Procuratorate, Harbin
It turns out that there are several ways to deal with such cases. One is to file a public prosecution, and the other is to do relatively non-prosecution, but the ecological environment is not restored, which is a simple criminal punishment.
This time, we just want to play a combination of supervision. It is only after the ecological restoration that we can consider whether to apply non-prosecution.
In this way, it not only reflects the performance of the procurator's duties, but also allows the ecology to be well restored.
[Explanation] The Daowai District Procuratorate pays attention to the application of the concept of restorative justice, plays a combination of "criminal prosecution + public interest litigation prosecution", integrates "punishment, protection and restoration", combines "fewer arrests, careful prosecution and prudence" and "confession of guilt" Accept Punishment” criminal justice policy, and finally made a decision not to prosecute the nine suspects, but did not exempt them from their tort liability.
[Concurrent] Cheng Lihua, Secretary of the Party Leadership Group and Chief Procurator of the Daowai District People's Procuratorate, Harbin
First of all, the criminals have to pay the economic price. We thought of our public interest litigation and procuratorial functions and ecological restoration functions. In this case, we will let the criminals pay the economic price for their criminal behavior and plead guilty and repent. Afterwards, we applied the criminal policy of combining leniency with strictness, and 9 criminal suspects were not prosecuted.
[Explanation] It is understood that the Daowai District Procuratorate adopts the method of "proliferation and release + ecological restoration + public hearing + declaration of service", adopts the unified handling of similar cases, enriches and expands legal popularization methods, and cultivates the concept of ecological protection, so that the parties involved in the case will be freed from "ecological damage". from "ecological offenders" to "ecological restorers".
[Concurrent] Cheng Lihua, Secretary of the Party Leadership Group and Chief Procurator of the Daowai District People's Procuratorate, Harbin
The handling of this batch of cases is a similar case, and I think the handling of them is also a demonstration effect.
When encountering such a situation in the future, after considering the facts of the crime and the relevant legal provisions, we will also ask them to pay compensation for the act of harming the ecological environment.
This not only restores our ecological environment, but also implements the High Procuratorate's criminal policy of "fewer arrests, prudent prosecutions and prudent detention".
Wang Ning reports from Harbin, Heilongjiang
Responsible editor: [Luo Pan]