Public interest litigation
Procurator Xuancheng: This civil public interest litigation case of illegal fishing, "said the prosecutor" after the court, arousing alarm!
Time: April 9, 2020 Author: News source: [Font size: large | in | Small

("Post court feeling" of the prosecutor)  

 

 

   "Prosecutors, I would rather be investigated for criminal responsibility than compensate for the money!" On April 8, 2020, after the trial of a civil public interest lawsuit case of illegal fishing of aquatic products filed by the procuratorial organ of Xuancheng City, Anhui Province, the defendant Liu Moumou told the prosecutor.  

   Previously, Liu had been investigated for criminal responsibility for the crime of illegal fishing for aquatic products. However, this did not make Liu reflect and wake up, but he was accused of illegal fishing again. In the court trial, he recognized his illegal fishing behavior, but he did not understand why the procuratorial organ would file a public interest lawsuit against him and ask him to pay more than 40000 ecological restoration fees after the fishery administrative department imposed an administrative penalty on him this time? He believes that the cost is too high, which is also the focus of controversy in this trial.  

   The procuratorial organ of Xuancheng City investigated and found that on April 24, 2019, knowing that Gangkou Bay Reservoir was a closed fishing area and was in a closed fishing period, Liu used nets to catch 23.7 kg of aquatic products such as Barbus barbarus, Siniperca chuatsi, bighead carp, grass carp and turtle in the waters of Qinglongwan Reservoir in Ningguo City without the approval of the fishery administrative department.  

   On November 25, 2019, Ningguo Municipal Bureau of Agriculture and Rural Affairs, entrusted by the procuratorial organ, issued the Opinions on Assessment and Compensation for Damage to Fishery Resources in Gangkou Bay Reservoir Waters Caused by Liumou's Suspected Illegal Fishing of Aquatic Products: Liumou's illegal fishing behavior in the closed fishing area during the closed fishing period has led to a decline in the amount of resources of the supplemented group of fishery resources, This indirectly led to the decline of fishery resources in the Reserve. In order to compensate for the loss of fishery resources caused by illegal fishing in the waters of Gangkou Bay Reservoir, it is recommended to select the targeted artificial breeding and releasing of damaged species. The compensation amount is 45928 yuan, as assessed by experts from the Freshwater Fisheries Research Center of China Fisheries Research Institute.  

   The procuratorial organ of Xuancheng City believes that Liu, knowing that Gangkou Bay Reservoir is a closed fishing area and in a closed fishing period, has committed an infringement act of illegal fishing of aquatic products without the approval of the fishery administrative department, threatening the survival of fish species and population reproduction, destroying local fishery resources and harming social and public interests. Therefore, in accordance with the relevant laws and regulations, Liu proposed to the court that Liu should bear 45928 yuan of compensation for ecological environment restoration costs.  

   "Maybe Liu will be confused, but it's just a small matter of exchanging a few fish for a few money. Why should the procuratorial organ take great pains to file a lawsuit? What we have to answer is that the ecological environment has been damaged, and it can't be solved by punishment and warning! If the ecology has been damaged, the infringer should repair it. The prosecution is not only the need to ensure the effective restoration of the ecological environment, but also a wake-up call for individuals and units, including Liu, who wantonly destroy the ecological environment. It is easy to destroy the ecological environment, but difficult to repair the ecological environment. It will pay a huge price for petty profits, and cherish it! " The public interest litigation prosecutor made a solemn appeal when presenting his opinions in court, that everyone should enhance their awareness of environmental protection and law, and that while developing the economy, they should never damage the environment.  

   The court announced that the case would be decided on a certain date.