China News Service, December 30. According to the official Weibo news from the Press Center of the Ministry of Public Security and the Public Security Administration of the Ministry of Public Security, the Ministry of Public Security held a press conference on December 30 to inform the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and Agriculture The Ministry of Rural Affairs jointly issued the "Opinions on Punishing Illegal Fishing and Other Crimes in the Yangtze River Basin in accordance with the Law".
Li Jingsheng, director of the Public Security Administration Bureau of the Ministry of Public Security, reported that since July this year, the public security organs along the Yangtze River have strengthened their key inspections, attacked illegal fishing crimes in the Yangtze River Basin, and detected more than 4,700 criminal cases involving illegal fishing and arrested more than 6,900 suspects. name.
Data map: The Ruichang section of the Yangtze River in Jiangxi under aerial photography.
Photo by Wei Dongsheng
The press conference introduced that in accordance with the decisions and deployment of the Party Central Committee and the State Council, the Ministry of Public Security, the Supreme Law, the Supreme Procuratorate, and the Ministry of Agriculture and Rural Affairs gave full play to their functions and guided local governments in handling a large number of illegal fishing and criminal cases in the Yangtze River Basin, and eliminated a number of " The "catching, transportation and marketing" criminal gang has achieved remarkable results in stages.
However, the current situation facing the Yangtze River ban is still severe and complex. In particular, some key and difficult issues encountered in law enforcement practice, such as law application, evidence admissibility, and catch identification and identification, need to be further resolved.
In response to this situation, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Agriculture and Rural Affairs jointly issued on December 17, 2020 the "Punishing Illegal Fishing in the Yangtze River Basin According to Laws" on the basis of multiple special studies and field investigations. Criminal Opinion.
Li Jingsheng, director of the Public Security Administration Bureau of the Ministry of Public Security, informed that the Ministry of Public Security has continuously deployed a series of special operations such as "Yangtze River Fishing Ban 2020" and "Hundred Days" since July this year, and severely cracked down on illegal fishing criminal activities in accordance with the law. Obvious results in sex.
One is to strengthen the general inspection.
The public security organs along the Yangtze River focused on strengthening key inspections and insisted on cracking down on illegal fishing crimes in the Yangtze River Basin. Since the special operation, more than 4,700 criminal cases involving illegal fishing have been detected, more than 6,900 suspects have been arrested, and more than 3,900 vessels involved in the case have been seized. More than 45,000 sets of appliances.
The second is to strengthen in-depth investigation.
The public security organs along the Yangtze River strictly implement the requirements of the "five knowledge and seven investigations", keep an eye on all links of the "catching, transportation and marketing", and resolutely cut the underground industrial chain.
Up to now, more than 360 criminal gangs of "catching, transportation and marketing" have been eliminated in various places, and more than 1,500 channels of trafficking have been banned.
The third is to strengthen key strikes.
The public security organs along the Yangtze River have focused their efforts on cracking down on organized, ganged, and chain-type cases. At present, 155 major cases listed under the supervision of the Ministry of Public Security have all been solved.
Generally speaking, since the launch of the special operation, the deterrent effect has been obvious. The number of cracked cases and the number of criminal gangs has fallen sharply from month to month, and the frequent occurrence of illegal fishing in the Yangtze River Basin has been significantly curbed.
According to Li Jingsheng, there are three main considerations in formulating the "Opinions":
The first is to serve the need to ensure the smooth promotion of the Yangtze River's arrest ban.
The ban on fishing in the Yangtze River is a key measure to reverse the deterioration of the ecological environment of the Yangtze River and serve the green development of the Yangtze River Economic Belt. It is of epoch-making significance.
However, from the perspective of law enforcement practice, the crackdown and punishment of related illegal crimes urgently require detailed guidance from regulatory documents.
The second is the need to solve difficult problems in law enforcement practice.
Due to different understandings of policies and laws, some places have inconsistent understandings of crime and non-crime, this crime and that crime, and the identification standards for specific issues such as fish species and value are not uniform, which affects the effectiveness of the attack to a certain extent.
The third is the need to improve the linkage law enforcement cooperation mechanism.
The ban on arrests in the Yangtze River Basin is multi-line and wide-ranging, involving both administrative law enforcement and criminal justice. It is necessary to further strengthen coordination and cooperation, improve cross-departmental and cross-regional law enforcement cooperation, and effectively form a combined force for combating and governance.
The "Opinions" is divided into three parts: general requirements, law application, and sound mechanism. It contains 15 articles, mainly in five aspects:
One is about the application of law and qualitative treatment.
Focusing on illegal fishing crimes and crimes endangering precious and endangered aquatic wildlife resources, etc., the basis for the application of the law and the standards for conviction and punishment have been refined, and penalties for related violations have been specified.
The second is the determination of the facts of the case.
Clarified the collection and transformation, types and specifications and review standards of relevant evidence in handling illegal fishing cases, and required strengthening of evidence review.
At the same time, provisions are made for the determination of the value of the fish caught in the case.
The third is about the application of the criminal policy of both leniency and strictness.
Strictly implement the criminal policy of both leniency and strictness, and clarify key issues such as prosecution of behavior, heavier punishment and lesser punishment.
When handling illegal fishing cases, it is required to comprehensively consider the perpetrator’s subjective guilt, criminal motives, behavioral means, harmful consequences, and guilty repentance attitudes, etc., to accurately determine the facts of the crime, and to deal with them appropriately in accordance with the law.
The fourth is about strengthening administrative law enforcement.
Specific requirements have been put forward for strengthening the system construction, team building, capacity building and standardization of administrative law enforcement, emphasizing intensifying the investigation and handling of cases, and strengthening the management of areas around the prohibited waters.
The fifth is about strengthening work coordination.
The "Opinions" stipulate that on the basis of strengthening coordination and cooperation, various departments should strengthen supervision and control, and form a combined force for combating governance.
When answering questions from reporters on the characteristics and highlights of the "Opinions", Li Jingsheng said that the "Opinions" fully solicited opinions and suggestions from all parties, especially the grass-roots front-line case-handling departments, and focused on meeting the needs of actual combat operations, ensuring that the content is targeted, Effectiveness and practicality.
The first is to adhere to the principle of the rule of law and emphasize punishment according to law.
Adhere to the comprehensive promotion of scientific legislation, strict law enforcement, fair justice, and law-abiding by the whole people, make full use of rule of law thinking and methods of rule of law, and further accurately apply the law in accordance with existing laws and relevant legislative judicial interpretations, improve law enforcement cooperation mechanisms, and strictly implement the criminal policy of combining leniency and strictness , Intensify the control according to the law, and earnestly achieve compliance with laws and regulations, lenient and strict evidence, and punishment as a crime.
The second is to stick to problem orientation and highlight precise punishment.
Focusing on the key and difficult issues encountered in the process of grassroots law enforcement and judicial case handling, specific provisions have been made for the identification of specific issues, which effectively solved the problems of inconsistent case handling standards in various regions and difficulty in fact identification.
At the same time, it stipulates the requirements for the collection, fixation and use of evidence materials, which provides strong support for the precise crackdown on illegal fishing crimes in accordance with the law.
The third is to adhere to source governance and highlight systematic punishment.
It further clarified the relevant requirements for the withdrawal of arrests and transfers to production and the administrative law enforcement of the prohibition of arrests, strengthened the connection between administrative law enforcement and criminal justice, strengthened the entire process of supervision, and ensured the system and continuity of policy regulations.
The fourth is to persist in collaboration and linkage and highlight long-term punishment.
To improve the law enforcement cooperation mechanism as a top priority, clearly requires that the four departments not only perform their duties according to law, divide labor, but also cooperate and check each other to ensure the smooth transfer, investigation, prosecution, and trial of cases, and promote the formation of a long-term and long-term governance mechanism. Work together to create a good rule of law and social environment for the smooth implementation of the catch ban in the Yangtze River Basin.
Zhou Jiahai, deputy director of the Research Office of the Supreme People’s Court, responded to a reporter’s question on what measures the People’s Court will take to ensure the implementation of the "Opinions" in the trial field, saying that the People’s Court will take effective measures to ensure the implementation of the "Opinions". Ensure that the release and implementation of the "Opinions" achieve practical results, and provide a strong judicial guarantee for the smooth implementation of the ban on arrests in the Yangtze River Basin.
One is to strengthen learning and training.
The People’s Court will conduct various forms of learning and training of the "Opinions" to ensure that judges in charge of trial work on relevant cases fully grasp the contents of the "Opinions" and accurately grasp the spirit of the "Opinions" in order to ensure fairness and efficiency in accordance with the law. Lay the foundation for hearing related cases.
The second is to strengthen trial guidance.
When trying relevant cases, we must implement the criminal policy of combining leniency and strictness, comprehensively consider the behavioral means, subjective offenses, quantitative value, and the perpetrator’s attitude of confession and repentance, restoration of the ecological environment, etc., comprehensively assess the social harm, and ensure that the crime, responsibility and punishment are compatible.
The third is to strengthen collaboration.
Based on case trials, give full play to its functions, strengthen coordination with relevant agencies, and jointly promote the comprehensive protection and restoration of the waters of the Yangtze River basin on the basis of the implementation of the Yangtze River Basin ban on arrests.
For those who find weak links in the ecological and environmental protection of the Yangtze River in the process of hearing cases, promptly put forward targeted and constructive judicial suggestions, promote the improvement of systems and mechanisms, and strengthen source governance and system governance.
The fourth is to strengthen publicity on the rule of law.
Earnestly implement the responsibility system of “who enforces the law and popularize the law”, through live court hearings, compiling and issuing typical cases, etc., carry out warning education to deter criminals with case statements; guide the public to abide by the regulations on arrests in key waters of the Yangtze River Basin, understand, support and Cooperate with the ban on catching, and create a good rule of law and social environment for the ecological protection and restoration of the Yangtze River Basin.
Lao Dongyan, deputy director of the Research Office of the Supreme People’s Procuratorate, responded to a reporter’s question on how procuratorial organs should perform their procuratorial functions to ensure the smooth progress of work related to arrests in the Yangtze River Basin. Procuratorial organs should strengthen cooperation with administrative supervision departments, public security organs and the people. With the cooperation of the court, illegal fishing and other illegal crimes were punishable in accordance with the law, and the ecological protection and restoration work in the Yangtze River Basin was actively promoted, and procuratorial forces contributed to the green development of the Yangtze River Economic Belt.
One is to focus on cracking down on crimes on aquatic biological resources that are harmful to society.
Illegal fishing using prohibited tools or methods such as "electrical poison bombing", "Junhu", etc.; illegal fishing for profit and grouping; illegal fishing during the breeding period of aquatic animals; aquatic biological nature reserves and aquatic species in the Yangtze River Basin Focus on cracking down on illegal fishing in high-quality resource reserves.
At the same time, pay attention to the protection of rare and endangered aquatic species in the Yangtze River Basin.
The second is to effectively implement the criminal policy of both leniency and strictness.
In the process of handling cases, strictly control facts, evidence, and application of law, strictly follow the relevant provisions of the criminal law and judicial interpretation, and reasonably grasp the boundaries between general illegal activities and crimes.
While severely punishing organized or industrial serious crimes, the general illegal acts that are not harmful to ordinary people should be treated differently to ensure the quality and social effect of the case.
The third is to actively promote the quality and efficiency of environmental restoration in the Yangtze River Basin.
Efforts should be made to give full play to the functions of procuratorial supervision, to intervene in investigations at appropriate times in accordance with the objective needs of the case, and to guide the comprehensive collection of case evidence in accordance with the law.
The catches seized during the handling of the case shall be promptly entrusted with professional rescue, and if the conditions for release are met, the evidence shall be fixed in time to be released to prevent the death of the catch.
Correctly apply the leniency system for confession of guilt and punishment, and encourage the responsible entities to take the initiative to repair the damaged fishery resources of the Yangtze River through methods such as increase and release, labor compensation, pre-trial consultation, and payment of ecological compensation.
The fourth is to give full play to the public interest litigation function.
For acts that endanger the aquatic biological resources in the Yangtze River Basin, if there is also a situation that harms the public interests of the society, civil public interest litigation procedures shall be initiated.
If there is a clear compensation right holder, they shall be urged and supported to conduct consultations and litigation on compensation for ecological environmental damage. If there is no compensation right holder, a criminal incidental civil public interest lawsuit shall be filed directly.
Where an administrative agency is slack in performing its supervisory duties, supervise it to perform its duties according to law, and if it still fails to perform its duties after supervision, an administrative public interest lawsuit shall be instituted in accordance with the law.
In response to a reporter’s question on the specific arrangements of the Ministry of Agriculture and Rural Affairs on implementing the "Opinions" and strengthening fishery law enforcement, Changjiang Kaiyong, the deputy bureau of the Fisheries and Fisheries Administration of the Ministry of Agriculture and Rural Affairs, said that the agriculture and rural departments will take the initiative to take the initiative and take active actions. , Work closely with relevant departments to further strengthen fishery administration and law enforcement to ensure that the ban on arrest and retreat has achieved solid results.
One is to improve supporting systems and measures as soon as possible.
On the basis of scientific demonstration and comprehensive solicitation of opinions from all parties, the catalog of prohibited fishing gear in the Yangtze River Basin will be improved and improved as soon as possible.
At the same time, the organization, scope, standards, methods and aquatic biological resource damage assessment methods, standards and restoration measures for the identification (authentication) of the items involved in the case have been systematically designed to enrich the staff and unify the assessment standards to facilitate local law enforcement operations. Improve case handling efficiency.
The second is to further crack down on illegal fishing.
On the basis of comprehensively strengthening daily supervision and law enforcement, in conjunction with relevant departments, we will focus on strengthening the investigation and clean-up of "three noes" ships, increase the investigation and punishment of illegal activities such as the production and sale of prohibited fishing gear, and eliminate hidden risks of illegal fishing.
Pay close attention to key areas such as the Yangtze River Estuary, Poyang Lake, Dongting Lake, and inter-provincial transfer waters, and comprehensively strengthen special rectifications against illegal acts that seriously damage fishery resources such as electric fish, poisoned fish, and fried fish.
Strengthen the management of the Yangtze River Estuary's no-fishing management zone, make overall plans to clean up and ban illegal fishing boats, and arrange related marine fishing transfers to ensure the smooth migration of the Yangtze River's aquatic organisms.
The third is to establish and improve a long-term mechanism for fishery administrative law enforcement.
Strengthen the construction of the law enforcement power of fishery administration, accelerate the establishment of the "fisherman" coordinated patrol system, build a social supervision network, and ensure that the implementation of the "fishing ban" has the power, means, and control.
Establish the Yangtze River ban on arrest and law enforcement management grid, delimit the management area, management unit and responsible body, publicize it to the society and accept social supervision.
Strengthen the connection between administrative justice and criminal justice, and establish and improve relevant mechanisms such as case transfer, case notification, and information sharing.
In answering a reporter’s question on what arrangements will be made for the public security organs to implement the "Opinions" in the next step, Li Jingsheng said that the public security organs will continue to seize the three-year special action, insist on "strike hard and promote bans" and continue to maintain strict crackdowns. The high pressure situation has effectively played a role, layed a good mechanism, and laid a solid foundation to win the fundamental time for the 10-year ban on the Yangtze River.
The first is to further strengthen the "chain" attack.
Persist in "all elements, all links, and all chains" to combat illegal fishing crimes in the Yangtze River Basin, highlight the focus of the attack, increase the intensity of the attack, improve the quality and effectiveness of the attack, and make every effort to destroy the "fishing, transportation and marketing" underground industrial chain, and resolutely prevent illegal fishing from illegal fishing Criminal activity rebounded.
The second is to further strengthen the "normalization" of law enforcement.
Continue to work with fishery administration, maritime affairs, water conservancy and other departments to carry out joint water inspections and law enforcement, strengthen the explicit use of police, increase the frequency of law enforcement, expand law enforcement coverage, and ensure the realization of the "four nos" (no fishing boats, no fishing nets, and no fishing fishers) , No-fishing production) and "Four Cleansing" (clearing boats, clearing nets, Qingjiang, Qinghu) work objectives.
The third is to further strengthen the "three-dimensional" prevention and control.
Regarding the key waters of the Yangtze River Basin identified by the investigation, the deployment of video surveillance, drone inspections, etc., strengthen the dynamic control of key fishing elements, and strictly prevent and control crime-prone places, locations and key waters to the maximum Squeeze the space for illegal fishing and crime.
The fourth is to further promote "socialization".
Through typical case propaganda, legal and policy announcements, banners and slogans, and implementation of reporting rewards, we actively guide the broad masses of the people to actively participate in supporting the Yangtze River's fishing ban, forming a situation where everyone consciously participates and is widely supervised by the society.