**Interview, you are the first. ”
In the early winter, the film crew of Chasing the Moon came to Yan Xiaotian's home in the countryside of Huixian County, Henan.
Yan Xiaotian, 29 years old this year, his life was completely changed in the summer vacation of his freshman year, and he was imprisoned for digging birds with his friend Wang Yajun, and was finally sentenced to 10 and a half years in prison.
As a result of his positive behavior, his sentence was commuted three times. On May 27, 2023, Yan Xiaotian, who had served for 8 years and 10 months, was released home ahead of schedule.
On this day, the Yan family bought more than 100 catties of pork, set up two large pots in the morning, and prepared meals for more than 150 people. However, there were far more than 150 people who heard the news. Dozens of ** families in China set up long guns and short cannons in front of their homes, surrounding their homes.
The case caused a great discussion across the country that year, and many well-known domestic jurists had different opinions and their positions belonged to "different camps".
Yan Xiaotian, who regained his freedom, has been out of prison for more than half a year, how is his new life going?
Our interview took place in the living room on the first floor of his house. During the conversation, he mentioned again: "Really, ** interviewed you for the first time. ”
*Point to reveal the new life of Yan Xiaotian, the "Bird Digging Case": was urged by his parents to get married, build a band, and learn to decorate.
This is the second character story of chasing the moon and stars.
Chief Producer: Zhang Lei.
Filming and editing Dai Xuchong Liu Huzhou.
Later Shi Huina.
Text: Fu Song.
New lifeLike all prisoners, Yan Xiaotian, who had regained his freedom, returned home, and the most uncomfortable thing was to go out to buy things, "Everyone uses mobile phones to pay, and I am the only one holding cash." “
The mother noticed that her son was not the same as before, and when he was halfway through the meal or just put down the bowl, he would run to the bathroom and squat for about ten minutes.
This is the "prison sequelae" left in his body. * Life had to make him lie on the sewing machine all the year round, and he suffered from myopia astigmatism, frozen shoulder and gastrointestinal diseases.
For several nights in a row, he lay in the brand new quilt that his parents bought for him, and often had nightmares.
In his dreams, he was always handcuffed and imprisoned by a group of people for no reason, and he didn't struggle and scream.
In order to adapt to society, he went to a driving school to learn a driver's license, "Two days ago, I took the second subject and hung up." With that, he laughed like a child.
During the period after returning home, one of the things he was most proud of was **, and he earned more than 4,000 yuan because of it.
Through this "foreign wealth", he proved in front of his parents, relatives and friends that he was capable of supporting himself.
In addition to listening to the experience of others, he will also learn financial knowledge from financial newspapers and magazines, and copy down key paragraphs. He has a black notebook, which is densely filled with the monthly earnings and total market value of major listed companies.
In an interview with **, he said that after earning the first money, he left the scene decisively and never touched it again, "This thing can't be too deep, otherwise ** will die." ”
But in fact, he did not leave the market from **, but continued to follow up, and proudly said, "I just caught a price limit yesterday." ”
It's just that ** is not all huge profits, and it didn't make him make too much money, "You still have to learn the craft to have hope." ”
His father was a decorator, and he wanted to learn from him how to lay floors and paint.
In the open space in front of his house, he planted leeks, coriander and shallots, and raised a few fish on the third-floor platform — the experience he had gained in prison. After losing his freedom, he took care of the flowers and plants in the prison area, and also raised a turtle the size of a fist.
The yellow watermelon is Yan Xiaotian's recent proud work. The watermelon seeds were taken out after eating melons at a reunion with his classmates a few months ago, planted in soil-covered pots, and he manually pollinated the flowers, watered and fertilized them on time. The rest is up to time.
He also learned how to stir-fry and prepared a hearty dinner for us.
Dig out the birdsYan Xiaotian picked up the bird in the summer of 2014.
On July 14 of this year, Yan Xiaotian, a freshman at Zhengzhou Vocational and Technical College in Henan Province, spent his summer vacation in Tulou Village, Gaozhuang Township, Huixian City, Henan Province.
According to ** report, the two climbed up with a ladder and took out a nest of 12 birds. One escapes and one dies during rearing. Later, Yan Xiaotian uploaded the bird's ** to the circle of friends and QQ group, and some netizens contacted him and said that they were willing to buy the bird.
He sold 7 to a bird buyer in Zhengzhou, and made a profit of 800 yuansold 2 to a bird buyer in Luoyang, making a profit of 280 yuan;There is also one, which was sold to another bird buyer in Huixian City.
Later, the two found another bird's nest and pulled out four birds. However, as soon as these 4 birds arrived at Yan Xiaotian's house, they attracted the police of the Huixian City Forest Public Security Bureau. The next day, they were criminally detained, and their arrest was approved the same year.
In 2014, the Huixian Municipal Procuratorate of Xinxiang City filed a public prosecution with the Huixian Municipal Court, and the Huixian Municipal Court of Xinxiang City publicly tried the case three times and determined that the bird they took was a falcon, which belongs to the national second-class protected animals.
In 2015, the Huixian Municipal Court of Xinxiang City sentenced Yan Xiaotian to 10 and a half years in prison for illegally purchasing and hunting rare and endangered wild animals, and sentenced Wang Yajun to 10 years in prison and fined 10,000 yuan and 5,000 yuan respectively for illegally hunting rare and endangered wild animals. He was sentenced to one year in prison and fined 5,000 yuan for illegally purchasing rare and endangered wild animals. In 2015, the Xinxiang Intermediate People's Court ruled on the case and upheld the first-instance judgment of the Xinxiang Huixian Municipal Court.
On April 26, 2016, the Intermediate People's Court of Xinxiang City, Henan Province, rejected the retrial appeal of Yan Xiaotian for the crime of illegally hunting rare and endangered wild animals and illegally purchasing rare and endangered wild animals.
The Notice of Rejection of the Appeal states: "The facts ascertained in the original judgment are clear, the evidence is credible and sufficient, the conviction is accurate, the sentence is appropriate, and the trial procedures are lawful. The complainant's grounds for appeal in the case could not be sustained and did not meet the requirements for retrial, and the case was dismissed. ”
ControversySince the case of the "college student digging birds" has been controversial, and many well-known domestic jurists have different opinions and positions.
Among them, Liu Defa, a professor at Zhengzhou University Law School, wrote an article saying that the case "was correct in the application of wildlife protection and did not arbitrarily adjudicate the law".Gu Yongzhong, a professor at China University of Political Science and Law, believes that "the effective judgment is not sufficient in terms of factual basis. The long and fierce repeated debates made the case included in the 2015 Henan Top Ten Governance Hot Events, and was even written into the "Henan Rule of Law Blue Book (2016)".
After Yan Xiaotian was released from prison, he went to Yan Xiaotian's home to interview the most incessantly, in this regard, the public's ambivalence focused on the literal "low social harmfulness" of the behavior of "picking up birds", and the most common thing everyone said was, "Picking up a bird and sentencing it to ten years, abducting and trafficking women and children, and sentencing it to a few years?".”
At the same time, Yan Xiaotian's status as a college student has won additional sympathy and pity from the outside world, and many people think that the court "sentenced too much", and the subsequent involvement of the prosecutor who handled the case to ask for bribes has exacerbated the extreme tear of **.
When he was imprisoned, Yan Xiaotian was only 21 years old, with a reckless childishness, and devoted the most free and open life time full of imagination to the long and boring prison reform. He behaved positively, his sentence was commuted three times, and he returned home after 8 years and 10 months.
Unconvinced by the verdict, he asked a lawyer to write a 6,000-word "Criminal Complaint," which he repeatedly scrutinized every word and sent it to the Fourth Circuit Court of the Supreme People's Court on November 2.
For a young man who has just completed his sentence and is approaching his or her second birthday, rebuilding his life may be a more practical difficulty at the moment.
He can't see the future clearly, "If I have the opportunity in the future, I will also learn skills, such as home appliance maintenance, etc., if I really can't do it, I will go out to work, people have to live." ”