Between 2020 and 2023.
Hou Moumou is in a town in Fangshan District.
Five yellow-browed willow warblers were hunted using a clap cage.
Certain. The Wild Bird Market is RMB 1,500.
The wild birds mentioned above are all live.
Rescue has been given.
In view of the fact that Hou Moumou has a confessional plot.
Voluntarily admit guilt and accept punishment.
And the circumstances of the crime are minor.
The district procuratorate made a decision not to prosecute Hou in accordance with law.
Hou's illegal hunting.
Although no criminal penalties have been imposed.
But its behavior is harmful to the ecological environment.
Caused some damage.
Public Interest Litigation Prosecution Department of the District Procuratorate.
By supporting the District Landscaping Bureau.
Carry out compensation for ecological and environmental damages.
Helping the damaged public welfare to be effectively restored.
January 8, 2024.
The compensation obligor, Hou Moumou, will contribute to the purchase.
Ecological conservation facilities such as ecological bird's nests and insect hotels.
It is installed in the woodland of a town in Fangshan District.
Carry out alternative restoration work.
Hou Moumou will also be in a town woodland in the future.
Patrol work is carried out on a regular basis.
In recent years, the Fangshan District Procuratorate has fully performed its public interest litigation procuratorial functions, actively explored diversified ways to bear responsibility for compensation for ecological and environmental damages, handled civil public interest litigation cases such as illegal hunting and illegal fishing of aquatic products in accordance with the law, and supported administrative organs and relevant violators to innovatively fulfill their liability for compensation for ecological and environmental damage by building ecological conservation facilities, and achieved good ecological protection results.
Links to legal provisions. Wildlife Protection of the People's Republic of China**
Article 24: It is forbidden to use poisons, substances, electric shocks or electronic trapping devices, as well as hunting traps, hunting traps, bird nets, ground guns, guns and other tools for hunting, and it is forbidden to use methods such as night lighting hunting, annihilating hunting, destroying nests, fire, smoke, and net fishing, except for net fishing, electronic trapping, and plant protection operations that are truly necessary for species protection and scientific research.
Implementation Measures for the Prohibition of Hunting of Terrestrial Wild Animals in Beijing
Article 2 The entire area within the administrative area of this city is a hunting ban area, and the whole year is a hunting ban period. It is forbidden to hunt or kill terrestrial wildlife included in the list. It is forbidden to hunt or kill other terrestrial wild animals for the purpose of eating.
Terrestrial wildlife included in the directory refers to: terrestrial wildlife under national first- and second-class protection, terrestrial wildlife under key protection in Beijing, and terrestrial wildlife with important ecological, scientific, and social value.
Article 3: In addition to the "People's Republic of China Wildlife Protection" and the "People's Republic of China Implementation Regulations on the Protection of Terrestrial Wild Animals" prohibits the use of military, explosives, poisons, objects, electric shock or electronic trapping devices, as well as hunting traps, hunting traps, ground guns, guns, and other hunting methods, the city also prohibits the use of sticky nets, slingshots, ground bows, crossbows, and other hunting devices that are not directly operated by humans and endanger the safety of humans and animals.
Article 4: In addition to the "People's Republic of China Wildlife Protection" and the "People's Republic of China Implementation Regulations on the Protection of Terrestrial Wild Animals" prohibits the use of hunting methods such as night lighting hunting, annihilating hunting, destroying nests, fire attack, smoking, and net fishing, the city also prohibits the use of hunting methods such as trapping, burrowing, and trapping, and prohibits picking up the eggs (eggs) of wild animals.
Criminal Law of the People's Republic of China
Article 340 [Crime of Illegal Fishing of Aquatic Products] Whoever violates the laws and regulations on the protection of aquatic resources by fishing aquatic products in prohibited areas, during prohibited fishing periods, or by using prohibited tools or methods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release or a fine. Article 341 [Crimes of Endangering Precious or Endangered Wildlife] Whoever illegally hunts or kills rare or endangered wildlife under key national protection, or illegally purchases, transports, or illegally purchases rare or endangered wildlife under key national protection and the products thereof, is sentenced to up to five years imprisonment or short-term detention and shall also be fined; where the circumstances are serious, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where the circumstances are especially serious, a sentence of 10 or more years imprisonment and a concurrent fine or confiscation of property is to be given. [Crime of Illegal Hunting] Whoever violates hunting laws and regulations by hunting in a hunting ban area, during a hunting ban period, or by using prohibited tools or methods, destroying wildlife resources, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or a fine.
Crime of Illegal Hunting, Acquisition, Transportation, and **Terrestrial Wildlife] Where regulations on the protection and management of wildlife are violated by illegally hunting, purchasing, transporting, or naturally growing and breeding terrestrial wildlife in the wild for the purpose of eating, and the circumstances are serious, punishment is to be given in accordance with the provisions of the preceding paragraph.
*丨Fangshan Procuratorate.
Editor丨Li Xinya, Liu Yuanzhen.
Review丨Ren Ying Zhao Wenbin.