Supreme People's Court Releases Typical Cases of Judicial Protection of Biodiversity

　　Chinanews.com, December 5th. According to the WeChat official

The brief introduction and full text of typical cases are as follows.

　　"Everything needs its harmony to live, and each needs its nourishment to grow." Nature is the basic condition for the survival and development of human beings.

Biodiversity is the bloodline and foundation of the community of life on earth.

In order to conscientiously study and implement the spirit of the 20th National Congress of the Communist Party of China, deeply practice Xi Jinping's thoughts on ecological civilization and Xi Jinping's thoughts on the rule of law, and solidly serve and promote the Chinese-style modernization of harmonious coexistence between man and nature on the track of the rule of law, comprehensively demonstrate the judicial protection work of the people's courts on biodiversity When the Supreme People’s Court released the Judicial Protection of Biodiversity in China, it also selected and published 15 typical cases on judicial protection of biodiversity.

　　These cases involved different litigation types such as environmental resource criminal, civil, administrative and public interest litigation, and covered the core areas of biodiversity conservation such as species diversity, genetic diversity and ecosystem diversity protection. The protection objects included spotted seals, Tibetan antelopes, Rare and endangered species of wild animals and plants, such as great white sharks, yews, and maidenhair fern, as well as various natural ecosystems such as forests, grasslands, wetlands, rivers, lakes, and oceans, involve many ecological elements, a wide range of protection, and a complex degree High quality and strong sense of innovation, which embodies the distinctive features, professional requirements and functional role of the people's courts in environmental resource trials.

　　The typical cases of judicial protection of biodiversity released this time echo and complement each other with the special guiding cases on biodiversity protection released by the Supreme People's Court in 2021, which will help further guide courts across the country to unify their trial concepts and judgment standards, and be fair and efficient according to law Trial biodiversity protection cases, comprehensively strengthen the judicial protection of biodiversity, better play the role of the people's courts in serving and guaranteeing the construction of ecological civilization, effectively safeguard the national interests of the ecological environment, social public interests and the environmental rights and interests of the people, and let the people have a good understanding of the environment. The sense of gain, happiness, and security of the ecological environment are more fulfilling, more secure, and more sustainable.

Typical Cases of Judicial Protection of Biodiversity

　　1. The illegal acquisition, transportation and sale of precious wild animals by 11 people including Zhai Moutao

　　2. The case of smuggling precious animal products by Dai

　　3. The case of Sun Mouyan endangering precious and endangered wild animals

　　4. Shen Mou’s case of endangering precious and endangered wild animals

　　5. The case of Ma Momo illegally killing precious and endangered wild animals under national key protection

　　6. The case of Tian Mouyang and Shen Mouxian endangering national key protected plants

　　7. The case of Yan Moufu and Yan Mougao obstructing animal and plant epidemic prevention and quarantine

　　8. The fire case of Ze Moujia

　　9. The Third Branch of the Shanghai Municipal People's Procuratorate v. Jiang Moucheng and other six persons in a civil public interest litigation case of ecological destruction

　　10. People's Procuratorate of Qingdao City, Shandong Province v. Civil Public Interest Litigation Case of Ecological Destruction of an Art Appreciation Center in Laoshan District, Qingdao City

　　11. The People's Procuratorate of Zhuzhou City, Hunan Province v. Chen Mouyun and Luo Mouling, a civil public interest litigation case of ecological destruction

　　12. Beijing Fengtai District Yuanyuan Enthusiast Environmental Research Institute v. Shizhu Tujia Autonomous County Mougang Economic Development Co., Ltd. and other ecological damage civil public interest litigation cases

　　Thirteen. Tao Mou sued Zhang Mou and Fu Mou Shun for a dispute over a forest sales contract

　　14. Gu Mouhong v. Fangchenggang City Fishery Administration Detachment Decision on Fishery Administrative Punishment

　　15. The People's Procuratorate of Wudang District, Guiyang City v. A Natural Resources Bureau of Guiyang City, Administrative Public Interest Litigation Case for Negligence in Performing Administrative Management Duties

　　1. The illegal acquisition, transportation and sale of precious wild animals by 11 people including Zhai Moutao

　　【Basic case】

　　From 2016 to 2018, the defendant Zhai Moutao bought and sold more than 50 spotted seal cubs, which were illegally hunted by fishermen (all of which were dealt with separately), in the Changxing Island area of ​​Dalian, and sold them.

From 2018 to 2019, Zhai Moutao instigated the defendants Zhai Moukai, Wang Moumin, Liu Mouhui, Liu Mouquan, Liu Mouguo, Qu Mouliang, Song Mouyou, Xing Mouqiang, Li Mouyi and others, Purchased more than 100 spotted seal cubs illegally hunted by fishermen (all dealt with separately) on the coast of Changxing Island in Dalian many times.

In February 2019, defendant Zhai Moukun helped others to illegally purchase 10 spotted seal cubs.

At the time of the incident, more than 40 harbor seal cubs had been illegally transported and sold to aquariums or individuals in many places (both dealt with in separate cases), and more than 70 harbor seal cubs to be sold were seized by the public security organs on the spot.

　　[referee result]

　　The People's Court of Changxing Island Economic and Technological Development Zone, Dalian, Liaoning Province held in the first instance that the defendant Zhai Moutao assembled the defendants Zhai Moukai, Wang Moumin, Liu Mouhui, Liu Mouquan, Qu Mouliang, Liu Mouguo, Song Mouyou, Xing Mou Mou Qiang and Li Mouyi illegally purchased, transported, and sold spotted seal cubs, and the defendant Zhai Moukun illegally purchased spotted seal cubs, which violated the national wildlife protection regulations and violated the national key protected wild animal management system, which constituted illegal acquisitions respectively. , Transportation, and sale of precious wild animals.

According to the facts, nature, circumstances, confession and punishment of each defendant's crime, and the degree of harm to society, they were sentenced to fixed-term imprisonment ranging from 14 years to 2 years and 3 months, and fines ranging from 5 million yuan to 50,000 yuan.

Some defendants appealed, and the Intermediate People's Court of Dalian City, Liaoning Province ruled to reject the appeal and uphold the original judgment.

　　【Typical meaning】

　　Liaodong Bay is one of the three major bays in China's Bohai Sea. It is located at 39 degrees north latitude. It is the bay with the highest latitude in China and the largest frozen sea area with the lowest latitude in the northern hemisphere. Habitat for rare and endangered species.

Spotted seals are the only pinniped marine mammals that can reproduce in China's waters, and they are the flagship species of my country's Bohai Sea and Yellow Sea.

Genetic and ecological studies have shown that the harbor seals in the breeding area of ​​Liaodong Bay belong to a branch of independent evolution of harbor seals worldwide and have their own unique genetic genes.

The "National Key Protected Wildlife List" announced in February 2021 has adjusted the spotted seal as a national first-class protected wild animal.

In this case, the People's Court severely punished crimes against rare and endangered wild animals in accordance with the law, and implemented a full-chain crackdown on crimes against harbor seals, demonstrating the judicial concept of protecting the ecological environment with the strictest system and the strictest rule of law.

At the same time, actively coordinate with relevant departments to carry out wild training for the seized harbor seals and release them into the ocean, assist in the construction of the Dalian Harbor Seal National Nature Reserve, and fulfill my country's solemn commitment to resolutely fulfill the obligations of the international treaty on biodiversity protection.

　　2. The case of smuggling precious animal products by Dai

　　【Basic case】

　　The defendant, Dai, knew that ivory was a precious animal product prohibited by the country for import and export, but he still negotiated with the foreigner "Anan", and "Anan" arranged for people to smuggle the ivory into the country twice.

Among them, in December 2018, "Anan" arranged for personnel to smuggle a total of 36 pieces of ivory weighing about 291 kilograms around the customs to a certain place in Dai, and Dai sold them for profit.

In February 2019, "Anan" arranged for personnel to use the same method to smuggle a total of 34 pieces of ivory weighing about 272 kilograms into Dai, where they were seized and detained by the public security organs on the spot.

After identification, the 34 pieces of ivory are all living elephant (African elephant or Asian elephant) ivory.

After Dai was brought to justice, he truthfully confessed his criminal facts.

The smuggled ivory has a total of 70 pieces, weighing about 563 kilograms, and worth 23,473,520 yuan.

　　[referee result]

　　The Nanjing Intermediate People's Court of Jiangsu Province held in the first instance that the defendant, Dai, knew that ivory was a precious animal product prohibited by the state for import and export, but still purchased it from abroad, transported it into the country and sold it for profit, which constituted the crime of smuggling precious animal products, and the circumstances were particularly serious.

Since Dai voluntarily confessed and pleaded guilty after being brought to the case, he was sentenced to 11 years and 6 months in prison, and his personal property was confiscated 500,000 yuan.

After the judgment was pronounced, none of the parties appealed or protested, and the first-instance judgment has taken legal effect.

　　【Typical meaning】

　　For a long time, the international ivory trade has been rampant, and ivory smuggling crimes have been repeatedly banned.

Crazy poaching has led to a sharp decline in the number of wild elephants, and some areas have become endangered. Wild elephants are facing the threat of functional extinction within decades.

my country is a contracting party to the Convention on Biological Diversity. It is my country's solemn commitment to the world to crack down on ivory smuggling crimes and to completely stop commercial processing and sales of ivory and its products.

In this case, the defendant, Dai, diverted a large amount of ivory into the country, which not only severely disrupted the country's foreign trade control order, but also posed a great threat to global biodiversity.

The people's court has punished wildlife-related crimes in accordance with the law and cut off the illegal chain of smuggling precious wildlife products, fully demonstrating my country's responsibility as a major country in maintaining global biodiversity and ecological security.

At the same time, educate and guide the public to enhance the awareness of protecting precious wild animals, abandon the behavior of buying and using precious wild animal products, and jointly maintain the global ecosystem and protect the earth home we depend on for survival.

　　3. The case of Sun Mouyan endangering precious and endangered wild animals

　　【Basic case】

　　Since 2014, defendant Sun Mouyan has illegally purchased the teeth of various sharks, including great white sharks, lemon sharks, mako sharks, and tiger sharks, at low prices without the approval of the wildlife authority and without a license for the operation and use of aquatic wildlife. After processing, it is sold to unspecified buyers at home and abroad through the network platform for profit.

In October 2020, in order to further determine the species attributes and protection levels of the great white shark teeth he purchased and sold, Sun Mouyan entrusted an identification center to conduct an identification.

Since then, Sun Mouyan continued to sell various shark teeth and related products, including great white shark teeth, until he was caught in April 2021.

After identification, the case involved 6,389 teeth of man-eating sharks, a national second-class protected wild animal, worth 3.1945 million yuan, and man-eating shark jaws worth 85,000 yuan, totaling 3.2795 million yuan.

　　[referee result]

　　The People's Court of Tong'an District, Xiamen City, Fujian Province held in the first instance that the defendant Sun Mouyan violated the national wildlife protection regulations and illegally purchased and sold precious and endangered wild animal shark products, worth 3.2795 million yuan, which constituted a hazard to precious and endangered wild animals. animal crime.

Considering that Sun Mouyan did not have the circumstances of severe punishment, did not cause the death of animals or the animals and animal products could not be recovered, confessed truthfully, pleaded guilty and accepted punishment after being brought to justice, and most of the stolen goods involved in the case had been recovered, he was sentenced to fixed-term imprisonment for 6 years. Year 7 months, a fine of 150,000 yuan was imposed, and the illegal income on file and the seized shark teeth and other items were confiscated.

The first-instance judgment has taken legal effect.

　　【Typical meaning】

　　The white shark, also known as the "Great White Shark", is an endangered wild animal in Appendix II of the "Convention on International Trade in Endangered Species of Wild Fauna and Flora" and a second-class protected wild animal in my country's "National Key Protected Wildlife List".

White shark is an "umbrella species" in the ocean, and its habitat needs can cover the habitat needs of other species. By protecting white shark, it can protect other species in the ocean at the same time, which is conducive to maintaining the balance of marine biodiversity.

In this case, the people's court applied the new judicial interpretation of the criminal case of destroying wildlife resources according to the law, which not only takes the value as the basic conviction and sentencing standard, but also fully considers the relevant circumstances of the case, comprehensively evaluates the social harm, and interprets the criminal justice system of punishing crimes according to law and combining leniency and severity idea.

By severely cracking down on crimes that endanger precious and endangered wild animals and their products, it fully demonstrates my country's responsibility as a major country in fulfilling its obligations under international environmental treaties and protecting endangered wild animals.

The verdict of this case has been reported by many media, promoting the public's understanding of the great white shark, a ferocious and fragile large aquatic wild species, is of positive significance for guiding the people to establish a correct view of ecological civilization and promoting national action for biodiversity protection.

　　4. Shen Mou’s case of endangering precious and endangered wild animals

　　【Basic case】

　　Since August 2019, when Shen Moufa, the defendant, operated the Wenwan store, he placed 17 purchased wild red coral products in the store for sale without obtaining a business license for aquatic wildlife and the business license had expired.

After identification, the 17 pieces of coral products belong to the first-class national protected aquatic wildlife red coral products, with a net weight of at least 0.2806 kilograms and a value of at least 112,240 yuan.

During the trial of the case, Shen Moufa printed a proposal to protect the red coral at his own expense and distributed it in the Xiamen antique market.

　　[referee result]

　　The People's Court of Tong'an District, Xiamen City, Fujian Province held in the first instance that defendant Shen Moufa's illegal purchase of red coral products from rare and endangered aquatic wild animals constituted a crime of endangering precious and endangered wild animals.

In view of the fact that Shen made a truthful confession, pleaded guilty and accepted punishment after returning to the case, and all the red coral products illegally sold have been recovered, Shen was sentenced to 8 months in prison on November 16, 2021, suspended for 1 year, and fined 1.2 yuan. The temporarily detained 17 pieces of red coral products were confiscated; the temporarily detained ecological restoration compensation of 20,000 yuan was turned over to the state treasury according to law.

After the judgment was pronounced, none of the parties appealed or protested, and the first-instance judgment has taken legal effect.

　　【Typical meaning】

　　Coral reefs are called "tropical rainforests in the ocean". They are one of the typical ecosystems with the richest biodiversity and the highest productivity. Illegal fishing and mining of corals will seriously damage marine ecology.

Red coral is a national first-class protected aquatic wild animal. Fishing, buying, selling, and transporting red coral and its products without a license may violate the criminal law.

In the trial of this case, the people's court mobilized the defendant and his family members in accordance with the purpose of "sentencing one case, saving one person, and educating everyone" and considering factors such as the defendant's older age, poor health, family financial difficulties but abundant time, etc. Voluntarily pay part of the ecological restoration funds, print red coral protection initiative materials, contact the antique market management party to distribute them on a large scale in the market, and advocate red coral protection by speaking out.

By exploring and innovating an ecological restoration model that is in line with the actual situation of the case, the phenomenon of selling coral products in the antique market has been effectively eliminated, the public's awareness of the protection of coral and other marine organisms has been enhanced, and good legal and social effects have been achieved.

　　5. The case of Ma Momo illegally killing precious and endangered wild animals under national key protection

　　【Basic case】

　　From December 1993 to January 1994, the defendant Ma Mou, under the auspices of Ma Mouyuan, sneaked into the Hoh Xil area with 12 people including Ma Mou, Er Mou, and Hai Mou, and illegally hunted and killed precious and endangered wild animals under the state's key protection. Animal Tibetan antelope.

On January 16, 1994, the working group of the Western Working Committee of Zhiduo County, Yushu Tibetan Autonomous Prefecture, Qinghai Province went to Hoh Xil to arrest the above-mentioned person and 8 other people including Wang Moumai and Han Moumai who illegally hunted and killed Tibetan antelopes in Hoh Xil, and sent them to Hoh Xil. More than 1,200 pieces of Tibetan antelope skins, 6 small-caliber rifles, more than 3,000 rounds of semi-automatic bullets, 3 Dongfeng trucks, and 1 Beijing jeep were confiscated.

On January 18 of the same year, while the above-mentioned persons were being escorted to Golmud, Han Mouming, Ma Mouxiao and others organized resistance.

Ma took advantage of the chaos and absconded until September 10, 2020, when he was arrested by the Public Security Bureau of Yushu Tibetan Autonomous Prefecture, Qinghai Province.

On May 31, 2021, the People's Procuratorate of Yushu City, Qinghai Province, filed a public prosecution against Ma for allegedly illegally catching and killing precious and endangered wild animals under national key protection.

　　[referee result]

　　The People's Court of Yushu City, Qinghai Province held in the first instance that the defendant Ma Moumo illegally hunted and killed precious and endangered wild animals under national key protection. "Supplementary Provisions on the Crime of Rare and Endangered Wild Animals", criminal responsibility should be investigated for the crime of illegally catching and killing rare and endangered wild animals under national key protection.

At the same time, he absconded during the escort on January 18, 1994, until he was arrested on September 10, 2020, and is not subject to the time limit for prosecution according to law.

In view of the fact that Ma was an accessory and pleaded guilty, he was sentenced to 6 years in prison and fined 2,000 yuan.

After the judgment was pronounced, none of the parties appealed or protested, and the first-instance judgment has taken legal effect.

　　【Typical meaning】

　　Hoh Xil National Nature Reserve is located in the northwest of the Qinghai-Tibet Plateau, with a total area of ​​45,000 square kilometers and an average altitude of over 4,600 meters. It is known as the "Gene Bank of Wild Animals on the Qinghai-Tibet Plateau". Habitat for endemic and rare species.

The Tibetan antelope, a national first-class protected wild animal that was hunted and killed in this case, is a typical representative of the basic species and fauna of the Qinghai-Tibet Plateau. It supports a complete biological chain system and plays an important role in maintaining the ecological balance and biodiversity of the Qinghai-Tibet Plateau. effect.

On January 18, 1994, a huge poaching and shooting case of Tibetan antelope occurred in the Hoh Xil Nature Reserve. The "environmental protection guard" Jessang Sonam Dajie fought desperately with the poachers, and unfortunately was shot and died.

Skynet is full of details, and the defendant Ma Moumao, as an accomplice, was arrested and brought to justice after nearly 30 years of absconding, comforting the martyrs.

The legal trial of this case fully demonstrates the people's court's determination to keep in mind the mission requirements of "the greatest country" and use judicial means to comprehensively protect the spiritual vegetation and thousands of rivers and mountains on the Qinghai-Tibet Plateau.

　　6. The case of Tian Mouyang and Shen Mouxian endangering national key protected plants

　　【Basic case】

　　On June 28, 2021, the defendants Tian Mouyang and Shen Mouxian illegally excavated 24 yews and 13 Euonymus microphylla in the forest near an abandoned quarry in Hongping Town, Shennongjia Forest District, and put the above-mentioned saplings temporarily Storage in an unfinished house.

On June 30 of the same year, Shen Mouxian and Tian Mouyang were seized by the public security organs on their way back to Badong County while transporting the above-mentioned saplings.

After identification, the yew submitted for inspection is a first-class protected plant in the "List of National Key Protected Wild Plants".

The saplings involved in the case were transferred for professional planting, and all were confirmed to be alive by forestry technicians.

　　[referee result]

　　The People's Court of Shennongjia Forest District, Hubei Province held in the first instance that the defendants Tian Mouyang and Shen Mouxian illegally excavated and excavated 24 yews, a national first-class protected plant, and the circumstances were serious, which constituted a crime of endangering national key protected plants.

Considering that the two defendants confessed, pleaded guilty and accepted punishment, etc., they were sentenced to 3 years in prison, suspended for 4 years, and fined 3,000 yuan.

After the judgment was pronounced, none of the parties appealed or protested, and the first-instance judgment has taken legal effect.

　　【Typical meaning】

　　Shennongjia is a permanent demonstration base for global biodiversity protection and an important national ecological function zone. It has 1,060 kinds of animals and more than 3,700 kinds of plants. It is a veritable "species gene bank".

As a national first-class protected plant, yew is an endangered and rare plant left over from the Quaternary Ice Age. It is known as the "Plant Giant Panda" and has important medical, ecological and economic values.

In this case, the people's court considered that the defendant's criminal motive was based on the special medicinal value of yew, not for profit, and he pleaded guilty and accepted punishment, and the saplings involved in the case had all survived after professional transplanting and received maximum protection. The application of probation in accordance with the law reflects the people's court's active implementation of the criminal policy of combining leniency with strictness, and while helping the high-level protection of Shennongjia's ecological environment, it also conveys the strength and temperature of justice.

　　7. The case of Yan Moufu and Yan Mougao obstructing animal and plant epidemic prevention and quarantine

　　【Basic case】

　　On May 22 and June 9, 2018, the defendant Yan Moufu knew that the defendant Yan Mougao had not obtained a timber transportation certificate and a plant quarantine certificate, but still purchased from him the pine wilt nematode epidemic area in Yibin City, Sichuan Province. More than 20 tons of pine logs were stacked in a bamboo wood processing factory in Guihua Town, Pengzhou City for processing.

On July 13 of the same year, the staff of the Pengzhou Forest Pest Control and Quarantine Station found that the batch of pine logs carried pine wood nematodes during the inspection process, so they detained them and transferred them for investigation.

The two defendants surrendered after the incident, and the pine logs involved in the epidemic have been destroyed in accordance with regulations.

　　[referee result]

　　The People's Court of Pengzhou City, Sichuan Province held in the first instance that the defendants Yan Mougao and Yan Moufu violated the national regulations on animal and plant epidemic prevention and quarantine, illegally transported and traded forest plant products infected with major plant quarantine pests, and caused serious animal and plant damage. The danger of the epidemic and the seriousness of the circumstances constitute the crime of obstructing animal and plant epidemic prevention and quarantine. They are sentenced to 10 months in prison, suspended for 1 year, and fined 5,000 yuan.

After the judgment was pronounced, none of the parties appealed or protested, and the first-instance judgment has taken legal effect.

　　【Typical meaning】

　　The quality and stability of forest ecosystems are of great significance for maintaining biodiversity.

Pine wood nematode disease is the most dangerous and destructive forest disease in the world. It has the characteristics of wide transmission route, fast death rate, difficult control and high cost. Pine tree infection can easily cause large-scale death and destroy the integrity of natural ecosystems. sex, authenticity.

For this reason, my country has specially delineated pine wood nematode epidemic areas and implemented strict management on the transportation and use of pine wood.

In this case, the two defendants violated the relevant animal and plant epidemic prevention and quarantine regulations, knowing that the local area has been designated as a pine wood nematode epidemic area, and still illegally purchased and transported pine wood in this area.

The people's courts punished them in accordance with the law, alerting relevant practitioners to raise awareness of the law and ecological environment protection, prevent planting "ecological bombs", and effectively maintain forest ecological security.

　　8. The fire case of Ze Moujia

　　【Basic case】

　　On February 12, 2020, the defendant Ze A mishandled the cigarette butts after smoking, which caused a grassland fire in Wache Town, Hongyuan County. After being organized by the local people and the emergency management department, it was put out on February 14, 2020.

According to the forestry and grassland department, the fire caused 2,119 hectares of grassland to burn.

　　[referee result]

　　The People’s Court of Hongyuan County, Sichuan Province held in the first instance that the defendant Ze X caused a level III grassland fire through negligence, and the area burned reached 2,119 hectares, causing serious consequences and endangering public safety. His behavior constituted the crime of arson and he was sentenced to 3 years in prison.

After the judgment was pronounced, none of the parties appealed or protested, and the first-instance judgment has taken legal effect.

　　【Typical meaning】

　　The Hongyuan Prairie is an important water source conservation area and a resource bank of animal and plant species in the upper reaches of the Yellow River. It has bred more than 200 species of rare animals such as the Himalayan marmot, Tibetan fox, gazelle, and lynx. Notopterygium, Cordyceps and more than 500 kinds of Chinese medicinal materials have been awarded "China Wetland Reserve" by UNESCO.

Maintaining the ecological balance of grasslands is of great significance for the integrated protection and systematic governance of mountains, rivers, forests, fields, lakes, grass and sand.

This case was caused by a large-scale grassland fire caused by throwing cigarette butts, which had serious consequences for public safety and the ecological environment.

The people's courts punish criminal acts that endanger grassland fire safety in accordance with the law, adhere to the fairness of the plateau, and uphold the justice of the cloud. This provides a basis for raising the public's awareness of fire prevention, protecting the ecological environment of the "Chinese Water Tower", building a solid ecological barrier in the upper reaches of the Yangtze River and the Yellow River, and maintaining regional biodiversity. Strong judicial protection.

　　9. The Third Branch of the Shanghai Municipal People's Procuratorate v. Jiang Moucheng and other six persons in a civil public interest litigation case of ecological destruction

　　【Basic case】

　　From April to May 2020, Jiang Moucheng and Zhou Mouhua contacted Jiang Moucheng and other three people to carry out illegal fishing operations in key waters of the Yangtze River Basin and aquatic germplasm resources protection areas, and Jiang Moucheng and Zhou Mouhua uniformly purchased For the catches, Jiang Moucheng also hired Xia Moujun to pick up and carry the catches and assist in the sale.

The Shanghai Railway Transport Court made an effective criminal judgment on this, finding that the six people involved in the case illegally caught 1,470.9 kilograms of Yangtze saury and anchovies, worth 101,673.7 yuan, all of which constituted the crime of illegal fishing of aquatic products.

After identification, the direct loss of fishery resources caused by the illegal fishing behavior was 101,673.7 yuan, the restoration cost of fishery resources was 305,021.1 yuan, and the additional loss of environmentally sensitive areas was 406,694.8 yuan, totaling 813,389.6 yuan.

The Third Branch of the Shanghai Municipal People's Procuratorate filed a civil public interest lawsuit, requesting the six defendants to jointly compensate the ecological environment damage and appraisal costs, and publicly apologize to the society.

　　[referee result]

　　The Shanghai Maritime Court held in the first instance that the six defendants used prohibited fishing gear to engage in illegal fishing during the fishing ban period and areas, causing damage to the natural fishery resources of the Yangtze River and the aquatic ecological environment, which constituted joint infringement and should bear joint and several liabilities according to law.

It has been identified that the damage to the ecological environment caused by illegal fishing in this case includes direct loss of natural fishery resources, restoration costs of fishery resources, and additional losses in environmentally sensitive areas.

Then the six defendants were sentenced to joint compensation of 813,389.6 yuan for ecological environment damage and 4,000 yuan for appraisal fees, and made a public apology to the society.

After the verdict was pronounced, none of the parties appealed, and the first-instance judgment has taken legal effect.

　　【Typical meaning】

　　The Yangtze River is the mother river of the Chinese nation. It has a unique ecosystem and is an important ecological treasure house in our country.

Punishment of illegal fishing in key waters of the Yangtze River Basin according to law, and increasing the protection of biological populations and their living environment are one of the important measures taken by the people's courts to implement the "Law of the People's Republic of China on the Protection of the Yangtze River".

The illegal fishing site in this case is located in the Yangtze River Anchovy Aquatic Germplasm Resource Protection Area, which belongs to the red line of ecological protection in Shanghai and is an area with sensitive and fragile ecological environment.

Illegal fishing in this area will make it more difficult to restore damaged fishery resources, and it is more likely to cause damage to the structure of the biological chain and degradation of ecosystem functions.

The people's court ordered the infringer to bear additional losses in environmentally sensitive areas in accordance with the law. It is of demonstration significance to guide the public to enhance the awareness of aquatic wildlife protection, build a solid ecological security barrier in the Yangtze River Basin, and serve to ensure the ecological priority and green development of the Yangtze River Economic Belt.

　　十、山东省青岛市人民检察院诉青岛市崂山区某艺术鉴赏中心生态破坏民事公益诉讼案

　　【基本案情】

　　青岛市崂山区某艺术鉴赏中心(以下简称某艺术中心)系经营餐饮服务的个体工商户，2017年至2018年期间在未依法取得收购、出售野生动物行政许可的情况下，先后购入大王蛇3条、穿山甲1只、熊掌4只，并将部分野生动物做成菜品销售。经鉴定，大王蛇为孟加拉眼镜蛇，属于《国家保护的有重要生态、科学、社会价值的陆生野生动物名录》中的“三有”保护动物；熊掌为棕熊熊掌，棕熊属于《国家重点保护野生动物名录》中的国家二级保护野生动物；穿山甲于2020年6月被确定为国家一级保护野生动物。2020年10月，某艺术中心负责人吴某霞因犯非法收购、出售珍贵、濒危野生动物罪，被判处有期徒刑3年，缓刑3年，并处罚金6万元。后山东省青岛市人民检察院提起民事公益诉讼，经评估，某艺术中心破坏生态行为造成野生动物损失8.3万元、生态环境服务功能损失90.75万元。

　　【裁判结果】

　　山东省青岛市中级人民法院一审认为，某艺术中心违法收购珍贵、濒危野生动物，将其做成菜品销售，造成野生动物及其生态价值损失近百万元，除应承担生态环境侵权赔偿责任外，还应依法承担惩罚性赔偿责任。某艺术中心在本案审理过程中悔改态度较好，申请以劳务代偿方式承担部分惩罚性赔偿责任，予以准许。遂判决某艺术中心赔偿野生动物损失、生态环境服务功能损失及惩罚性赔偿共计108余万元，其中惩罚性赔偿99050元中的24924元以某艺术中心指定两人、每人提供60日生态环境公益劳动的方式承担，由法院指定当地司法局作为协助执行单位管理和指导，最迟于2022年1月28日前完成。宣判后，当事人均未上诉，一审判决已发生法律效力。

　　【典型意义】

　　餐饮服务经营者违法收购珍贵、濒危野生动物，将其做成菜品销售，为非法猎捕、杀害野生动物提供了市场和动机。《中华人民共和国民法典》第一千二百三十二条规定了生态环境侵权惩罚性赔偿责任，加大对严重违法行为的处罚力度。本案中，被告故意侵权行为造成野生动物及其生态价值损失近百万元，人民法院依法判令其承担生态环境损害赔偿责任，并适用惩罚性赔偿，同时根据案件具体情况允许被告以提供有益于生态环境保护的公益劳务方式替代履行部分惩罚性赔偿责任。宣判后，被告在协助执行单位组织下，参与向当地餐饮企业宣讲野生动物保护知识和发放宣传单等活动，取得良好社会效果。本案处理充分体现人民法院严厉惩治非法交易、经营野生动物的行为，革除滥食野生动物陋习，切实保障人民群众生命健康安全的坚定立场。

　　十一、湖南省株洲市人民检察院诉陈某云、罗某酃生态破坏民事公益诉讼案

　　【基本案情】

　　2018年7月31日，湖南省人民政府发布《湖南省人民政府关于禁止猎捕野生动物的通告》，明确规定自2018年8月1日起至2023年7月31日止，全省行政区域范围内禁止猎(捕)列入《国家重点保护野生动物名录》《湖南省地方重点保护野生动物名录》和《国家保护的有重要生态、科学、社会价值的陆生野生动物名录》的野生动物。2019年9月，陈某云在未办理相关狩猎手续的情况下，非法捕捉昭觉林蛙、黑斑蛙共3.5公斤约280只，全部出售给罗某酃经营的水产店。同年10月，炎陵县森林公安局在该水产店查获并追回昭觉林蛙、黑斑蛙共220只，送检完毕后予以放生。湖南省株洲市人民检察院以陈某云、罗某酃的行为破坏自然资源和生态环境、损害社会公共利益为由，提起环境民事公益诉讼。经评估，陈某云、罗某酃造成国家野生动物资源损失6000元(100元/只×60只)。

　　【裁判结果】

　　湖南省炎陵县人民法院一审认为，陈某云未取得狩猎证，在湖南省禁猎区、禁猎期期间非法猎捕昭觉林蛙、黑斑蛙并出售；罗某酃从陈某云处收购、出售、宰杀昭觉林蛙、黑斑蛙，前述行为破坏国家野生动物资源，危及猎捕地的生物多样性和生态平衡，损害了社会公共利益。遂判决陈某云、罗某酃共同赔偿国家野生动物资源损失6000元，在株洲市级以上媒体向社会公众赔礼道歉，并以植树造林、设立野生动物保护牌的方式修复生态环境。宣判后，当事人均未上诉，一审判决已发生法律效力。

　　【典型意义】

　　《中华人民共和国野生动物保护法》规定，依法保护“有重要生态、科学、社会价值的陆生野生动物”。案涉昭觉林蛙、黑斑蛙属于《国家保护的有重要生态、科学、社会价值的陆生野生动物名录》规定保护的“三有”动物及《湖南省重点保护野生动物名录》保护动物，因其系食、药两用的珍贵蛙种，经常成为非法捕捉、食用的对象。根据湖南省野生动物救护繁殖中心出具的专家评估意见，在长期进化中，每只昭觉林蛙、黑斑蛙都携带着本种群的基础基因以及个体的特殊基因，由此构成该种群的生物遗传多样性，其复杂的基因结构是世上独一无二的，一旦消失，相应的生态价值、科研价值和经济价值损失无法挽回。本案通过依法判令非法捕猎、收购、出售、宰杀者承担生态环境损害赔偿责任，责令其采取替代性修复方式，对查获的昭觉林蛙、黑斑蛙及时放生，教育和引导广大群众对滥捕滥食野生动物的违法行为说“不”，将生物多样性保护理念融入生态文明法治建设全过程。

　　十二、北京市丰台区源头爱好者环境研究所诉石柱土家族自治县某港经济开发有限公司等生态破坏民事公益诉讼案

　　【基本案情】

　　水磨溪湿地自然保护区于2009年建立，位于重庆市石柱县西沱镇长江干流岸边，属于内陆湿地县级自然保护区，主要保护湿地生态系统和以国家一级保护植物、三峡库区特有种荷叶铁线蕨为代表的野生动植物资源。2011年6月起，石柱土家族自治县某港经济开发有限公司(以下简称某港开发公司)擅自占用该保护区兴建移民生态工业园基础设施，导致该保护区湿地生态系统遭到严重破坏。2013年，某港开发公司整体合并至石柱土家族自治县某盛经济发展有限公司(以下简称某盛开发公司)，但该公司并未注销。2018年5月起，石柱县人民政府启动水磨溪湿地自然保护区环境问题整改，并委托专业机构制定了生态修复方案。同年10月，北京市丰台区源头爱好者环境研究所提起公益诉讼，请求判令某港开发公司、某盛开发公司等停止侵权、恢复原状并赔偿生态服务功能损失。诉讼过程中，某港开发公司、某盛开发公司根据前述生态修复方案进行了整改，自然保护区内生态环境基本恢复。

　　【裁判结果】

　　重庆市第四中级人民法院一审认为，某港开发公司、某盛开发公司在水磨溪湿地自然保护区内修建工业园区，严重损害湿地生态环境，应当承担侵权责任。虽然两公司在诉讼过程中已按照生态修复方案对受损生态进行了基本修复，但生态环境受到损害至其恢复原状期间的服务功能损失客观存在，侵权人仍应予以赔偿。结合生态破坏的范围和程度、生态环境的稀缺性、生态环境恢复的难易程度等因素，判令某港开发公司、某盛开发公司赔偿生态服务功能损失300万元并支付合理诉讼费用。宣判后，当事人均未上诉，一审判决已发生法律效力。

　　【典型意义】

　　湿地被誉为“地球之肾”“物种宝库”，在保护生物多样性、涵养水源、调节气候、改善水质等方面发挥着不可替代的重要作用。我国正在加快建立以国家公园为主体的自然保护地体系，确保重要自然生态系统、自然遗迹、自然景观和生物多样性得到系统保护，提升生态产品供给能力，维护国家生态安全。本案系侵权人在长江上游干流附近的湿地自然保护区内修建工业园区破坏湿地生态系统引发的环境民事公益诉讼，案涉地区物种丰富，有三峡库区特有濒危植物荷叶铁线蕨，属于《世界自然保护联盟濒危物种红色名录》中的极危物种。侵权人在自然保护区内违法开发建设，严重破坏受保护的湿地生态系统。人民法院贯彻损害担责、全面赔偿原则，在侵权人停止侵权、修复生态的基础上，依法判令其承担修复期间生态服务功能损失，为加强自然保护地生物多样性及生态环境保护，维护国家生态安全提供了有力司法保障。

　　十三、陶某高诉张某、付某顺林木买卖合同纠纷案

　　【基本案情】

　　被告张某、付某顺受让云南省景谷县民乐镇某村民小组名下位于“大干箐”集体林的18公分以上林木后，于2007年11月与原告陶某高达成口头买卖协议，将“大干箐”集体林木销售给陶某高，陶某高为此向张某、付某顺支付了林木转让款48万元。“大干箐”集体林于2014年12月进行林权登记。后因案涉林地属于天然林，无法办理采伐许可证，至今未能采伐。陶某高与张某、付某顺协商未果，形成本案诉讼。

　　【裁判结果】

　　云南省景谷傣族彝族自治县人民法院一审支持了陶某高的诉讼请求，判决解除合同，由张某、付某顺返还林木转让款48万元。宣判后，张某、付某顺提出上诉。云南省普洱市中级人民法院二审认为，双方口头达成的林木买卖协议合法有效，案涉收条载明购买18公分以上林木，而对林木进行合法采伐是取得林木的必要条件。双方虽未以书面形式约定林木采伐许可手续应由哪方办理，但张某、付某顺作为出卖人，依法负有向买受人交付标的物或者提取标的物的单证，并转移标的物所有权的义务。而案涉林木属天然林，现已无法办理采伐手续，合同目的不能实现，应予解除。遂判决驳回上诉，维持原判。

　　【典型意义】

　　天然林是森林生态系统的重要组成部分，其结构稳定、生物多样性丰富，是维护国家生态安全的重要生态屏障。我国实行天然林全面保护制度，严格限制天然林采伐。坚持森林资源开发利用的生态优先、保护优先、保育结合、可持续发展原则，是践行绿色发展理念的制度之基。《中华人民共和国民法典》明确：“当事人在履行合同过程中，应当避免浪费资源、污染环境和破坏生态。”森林资源的民事纠纷案件处理，在尊重契约精神、促进统一市场和公平竞争的同时，应当注重对森林资源保护管理制度的维护，兼顾森林资源的生态效益、经济效益和社会效益。本案涉及天然林活立木交易，而林木采伐须取得相应行政许可。人民法院结合合同目的，依法认定办理林木采伐许可手续系林木转让方全面履行合同的从义务，引导民商事主体在交易中恪守绿色原则，为促进森林资源的保护和可持续利用提供了有益司法样本。

　　十四、顾某宏诉防城港市渔政支队渔业行政处罚决定案

　　【基本案情】

　　2018年2月4日，顾某宏驾驶渔船在广西壮族自治区防城港市西湾海域进行抽螺捕捞作业。次日，被防城港市渔政支队执法人员查获。经查，该船系无船名船号、无船籍港、无船舶证书的“三无”渔船，船上安装有国家明令禁止使用的拖曳泵吸耙刺抽螺捕捞作业设备1套、用网袋包装的渔获物螺苗、贝苗(带沙)65包共计1950千克。防城港市渔政支队认为顾某宏的行为违反了渔业相关法律法规，于2018年5月2日作出行政处罚决定，没收顾某宏的案涉渔船。顾某宏不服，向北海海事法院提起行政诉讼，请求撤销该行政处罚决定。

　　【裁判结果】

　　北海海事法院一审认为，案涉船舶是顾某宏未经相关部门审批，私自请人建造的“三无”渔业船舶。“三无”渔业船舶在渔港和海上航行或者停泊的，渔业行政主管部门依法应予以没收。顾某宏在该船上违法安装禁用渔具拖曳泵吸耙刺，在海上非法捕捞菲律宾蛤仔苗的事实清楚，证据充分。防城港市渔政支队作出的行政处罚决定适用法律正确，符合法定程序，判决驳回顾某宏的诉讼请求。宣判后当事人未上诉，一审判决已发生法律效力，包括顾某宏在内的11名系列案原告均服判息诉。

　　【典型意义】

　　人与自然是生命共同体，无止境地向自然索取甚至破坏自然必然会遭到大自然的报复。本案非法捕捞海洋贝类资源的案发地位于广西北部湾海域，该海域不仅是著名渔场，也是我国海洋生物多样性最丰富的区域之一，拥有施氏獭蛤、织锦巴非蛤、钝缀锦蛤、大竹蛏等特有珍稀贝类品种，是重要的海洋贝类基因库。违法行为人使用的禁用渔具拖曳泵吸耙刺俗称“吸蛤泵”“吸蛤耙”“抽螺机”，通过渔船水泵将所经海域的一切底栖生物连泥带砂全部吸起，是一种毁灭性的捕捞方式。这种掠夺式利用自然资源行为，极大破坏了海洋资源和生态平衡，严重损害生物多样性和渔业资源的可持续开发利用。人民法院通过依法支持渔业行政管理机关取缔“三无”渔船和禁用渔具，充分彰显了司法守护海洋生物资源及其生存环境，维护海洋生物多样性的坚定决心。

　　十五、贵阳市乌当区人民检察院诉贵阳市某自然资源局怠于履行行政管理职责行政公益诉讼案

　　【Basic case】

　　In September 2020, when the People's Procuratorate of Wudang District, Guiyang City investigated the protection of ancient trees in its jurisdiction, it was found that an ancient cypress tree over 100 years old in Yangzhu Dazhai, Gaoxue Village, Dongfeng Town, had not been effectively protected, and the base of its trunk was covered with cement. Hardened, and a power line bracket is nailed in the middle of the trunk, which violates the "Regulations on the Protection of Ancient and Famous Trees in Guizhou Province".

The growth of the ancient cypress tree is weak, with obvious dead branches, part of the bark is missing, the trunk is exposed, and the wires are messy, posing a fire hazard.

The procuratorial organ sent a procuratorial suggestion to a natural resources bureau in Guiyang, suggesting that it perform supervision duties on the ancient tree, but no reply was received from the bureau.

In May 2021, the procuratorate inspected on the spot and found that the ancient tree had not been protected, so it filed an administrative public interest lawsuit.

　　[referee result]

　　The People's Court of Qingzhen City, Guizhou Province held in the first instance that a natural resources bureau in Guiyang City, as the forestry authority in the area, was responsible for the protection, management, and supervision of ancient trees in the area under its jurisdiction.

The bureau has not effectively resolved the problem of the destruction of ancient trees involved in the case until the first trial of the case after receiving the procuratorial suggestion, and there is a situation of failure to perform its duties in accordance with the law.

Therefore, it was ruled that he should perform his statutory duties in accordance with the law, and take corresponding protection measures for the ancient trees in the pig raising village in Gaoxue Village, Dongfeng Town.

After the verdict was pronounced, none of the parties appealed, and the first-instance judgment has taken legal effect.

　　【Typical meaning】

　　Ancient trees are the natural and cultural heritage left by nature and predecessors, which are precious and non-renewable.

The ancient trees have experienced vicissitudes, recorded the natural changes, and carried the homesickness. They are witnesses to the long history of a village, a town, and a city. They are a vivid portrayal of the harmonious coexistence between man and nature. They have important historical, cultural, ecological, scientific research, Landscape equivalent value, known as "green cultural relics" and "living fossils".

The "Forest Law of the People's Republic of China" clearly states that the state protects ancient, famous and precious trees and prohibits the destruction of ancient, famous and precious trees and the natural environment in which they live.

The ancient trees and their growth environment involved in the case were severely damaged and their growth was weak, but the administrative department failed to manage and protect them in a timely manner according to law.

Through the trial of this case, the people's court ruled that the administrative agency should perform its statutory duties, which is of positive significance for urging the administrative agency to fulfill its responsibility for the management and protection of ancient trees in accordance with the law, and to enhance the public's awareness of the protection of ancient trees.