Crazy stealing “soft gold in water”, 3 people sentenced!9:30 tonight

2022-06-05 0 By

He originally ran a shop income is good life, but in order to “make a lot of money” with friends to buy a boat is the idea of Jiangsha……”The harmful consequences of illegal sand mining in the Yangtze River by Chen Qiang and others are not limited to the loss of riverbed structure, but also include water environment pollution and damage to fishery resources.”Direct restoration is neither scientific nor operable. We can do it through alternative restoration methods, such as setting up a public exhibition hall for biodiversity and a legal education base for Yangtze River protection.”The Gulou District People’s Procuratorate in Nanjing, Jiangsu province, has agreed to start the ecological restoration work as soon as possible to better protect the ecological environment and resources of the Yangtze River after a meeting with the court on the illegal sand mining case of Chen Qiang and others.Nanjing is the first city that the Yangtze River flows through after it enters Jiangsu province, living and dependent on the Yangtze River.As the grass-roots procuratorate that has jurisdiction over all criminal cases in The Nanjing section of the Yangtze River, Nanjing Gulou District Procuratorate thoroughly implements the spirit of “jointly grasping great protection”, gives full play to its procuratorial function, comprehensively uses the means of attack, repair and prevention, and makes all-out efforts to strike a “combination fist” of procuratorial protection and protects “one river with clear water”.In the process of handling the case, the institute found that the crimes of damaging the ecological environment and resources of the Yangtze River mainly included environmental pollution, illegal sand mining and illegal fishing of aquatic products, among which illegal sand mining was particularly typical.The Yangtze River sand is favored by the construction market with few impurities and good safety, and has always been known as “soft gold in water”.In recent years, the state has implemented the mining license system for the Sand of the Yangtze River and set up forbidden mining areas in some regions. However, driven by excessive profits, the behavior of stealing sand mining is often prohibited.Anhui native Chen Qiang originally ran a building materials business shop, income is good, life is secure.However, in order to “make big money”, he and his friends He Quan and Luo Xi took out a bank loan in April 2020 and jointly invested 5.8 million yuan to buy a transport ship. They are jointly responsible for shipping business.He Quan and Luo Xi were mainly responsible for the daily operation of the ship. Although Chen Qiang was not on the ship at ordinary times, he also arranged acquaintances to help on the ship, and the three agreed to share the profits equally.Saying is to develop transport business, actually three people dozen or river sand idea.Of course, they also know that there are sand mining areas in the Waters of the Yangtze River, and even if sand mining in the areas that can be mined, they need to apply for corresponding permits.But in the face of “rolling revenue”, they did not care about anything, in the case of neither planning, nor scientific equipment, not to mention environmental impact assessment facilities, set foot on the illegal river sand mining road.One night in early October 2020, He drove his boat to a water area in the Tongling section of the Yangtze River under the cover of darkness. He joined luo’s sand-sucking vessel, which he had contacted in advance, and began to steal sand from the river.From a distance, the transport ship and the sand suction ship parked side by side, there seems to be nothing unusual, but a close observation can find that the sand suction ship will suck sand pump into the river, river sand is continuously imported into the next transport ship.Play full river sand, settle expenses, the two ships leave respectively.He quan and others will then be filled with river sand transport ship all the way to a water area in Zhenjiang, to find a buyer in advance.In order to sell the sand successfully, they also issued false certificates of its origin.This time alone, the sales amounted to 100,000 yuan.A few weeks later, he Quan and others were caught stealing sand at night in tongling section of the Yangtze River by local water law enforcement authorities.He Quan and others were fined 200, 000 yuan for illegal shipment of river sand and confiscated the shipment of sand and stones.Chen Qiang paid 100, 000 yuan, he Quan and Luo Xi 50, 000 yuan each.It is said that a fall into the pit, a gain in wisdom, but He Quan and others did not learn from the punishment.They find someone to help deal with the administrative punishment related matters, and then the boat away, continue to look for crime opportunities on the vast river.One night in early December, he and his crew rendezvated with a sand-sucking vessel in the Chizhou section of the Yangtze River.With the cost agreed, the sand suction vessel began to import sand and stones into the transport ship, with a total input of more than 6,700 tons of river sand.On the third night, they sailed to Nanjing and docked at a dock.In the early hours of the morning, the transport ship was in the process of unloading the Yangtze River Shipping Public Security Bureau nanjing branch police arrested on the spot.On March 15, 2021, the public security organ transferred the case to gulou District Procuratorate for examination and prosecution.According to the review, in addition to the illegal sand mining that was administratively punished by the water administration law enforcement department, He Quan and others have also five times in tongling section of the Yangtze River, Chizhou section and other waters, together with illegal sand suction ship owners to steal more than 25,000 tons of river sand, with a total sales of more than 700,000 yuan.On April 15, gulou District Procuratorate prosecuted Chen Qiang, He Quan and Luo Xi for the crime of illegal mining.The actions of Chen Qiang and other three people involve criminal responsibility, but the damaged ecology of the Yangtze River needs to be restored in a scientific and reasonable way.After the case entered the procuratorial link, the Gulou District Procuratorate accepted and examined the case as a public interest litigation clue simultaneously.”If there is no one to take care of this matter, then our procuratorate will take care of it. They will not only be subject to criminal prosecution, but also bear the compensation for ecological restoration.”At the beginning of 2021, the Gulou District Procuratorate announced the public interest litigation clue of the case through the national media. Until the expiration of the notice, no relevant organ or organization voluntarily filed a public interest lawsuit, so the court decided to file a civil public interest lawsuit attached to the criminal case according to law.To file a civil public interest lawsuit, the most critical link is to accurately assess the compensation costs needed to repair the damaged ecological environment resources, and the difficulty of identification is also a major difficulty in the past such cases.Especially for cases of illegal sand mining, due to the mining site often involves many areas, and different waters with different hydrological environment, compared with illegal fishing such as crime, illegal sand mining involves a variety of resources, ecological environment damage assessment factors to consider very much, and even in engineering construction, the river regime stability, dam safety, do not quantify the losses resulting from the damage range is wide,Appraisal is more complicated.Although the hospital has handled some other illegal sand mining cases before, the crime scope of this case includes multiple waters, which has its own particularity and difference, so it needs to be treated with caution and further innovate and optimize the evaluation method.To evaluate for the accurate identification, on the basis of carefully review the case, the prosecutor handling the case to the public security organs, units such as visiting survey to take department, consult professionals familiar with modest and learn more about He Quan people such as implementing illegal sand mining water location, surrounding environment, the fishery resources, and so on and so forth,In order to further improve the accuracy and accuracy of assessment.On the basis of the preliminary in-depth investigation, the prosecutor visited colleges and universities, scientific research institutes and other professional institutions in the jurisdiction for many times, organized expert symposiums and evaluation and analysis meetings, studied the case together with experts and scholars in different fields, and discussed the ecological damage assessment methods of illegal sand mining cases involving many different waters.Committed to a comprehensive and scientific assessment of the criminal act caused by the consequences of damage.”Illegal sand mining not only directly affects riverbed structure, but also indirectly affects water environment and aquatic living resources, which need to be fully assessed.”After many studies and argumentation, gulou District Procuratorate and professional organizations reached a consensus.Entrusted by the Institute, a number of experts from Jiangsu Freshwater Fisheries Research Institute and Nanjing Institute of Environmental Science, Ministry of Ecology and Environment began to conduct joint evaluation and identification on the impact of riverbed structure, water environment and aquatic biological resources.As the appraisal progresses, new problems arise.Originally, among the crimes Chen Qiang and others are suspected of, two crimes took place in the freshwater dolphin national nature Reserve test area, which is a sand mining area prohibited by the state, and the other three crimes took place in non-prohibited mining area.Since they are divided into forbidden areas and non-forbidden areas, they are different in ecosystem. Can the same evaluation criteria be applied?”Of course, we should not generalize about different situations and seek truth from facts.”Combined with the related regulations, after detailed demonstration, the drum tower district people’s procuratorate and evaluation appraisal agencies believe that the mining area and the mining area for the influence of the structure of river bed and there is no clear distinction between the influence of water environment, but forbidden mining area has a more rich biological resources, ecological compensation fees should be higher, and to distinguish and instructions in the assessment.Experts from Jiangsu Freshwater Fisheries Research Institute and Nanjing Institute of Environmental Science of the Ministry of Ecology and Environment jointly issued evaluation opinions and determined that the compensation cost for river bed damage caused by illegal sand mining by Chen Qiang and others was more than 960,000 yuan, the compensation cost for water environment pollution was more than 10,000 yuan and the compensation cost for water biological resources was more than 460,000 yuan.”From the past to build data model to assess the practice of ecological impact, we combine principle of illegal sand mining, hydrological conditions, factors such as the calculation of illegal sand mining influence scope, aquatic organisms resources influence degree, etc., to determine the ecological damage compensation costs, further improve the precision and accuracy of evaluation results, and relatively easy to be accepted.”Participate in the case evaluation of an expert introduction.”It will issue assessment opinions from three aspects, namely the impact of riverbed structure, water environment and aquatic living resources, and further distinguish the impact of prohibited mining areas and non-prohibited mining areas on aquatic living resources, making it more comprehensive, objective and true, and also making the key evidence of expert assessment opinions more refined.”Gulou District procuratorate deputy chief procurator Cao Lili said.On April 19, 2021, Gulou District Procuratorate filed a criminal incidental civil public interest lawsuit with Chen Qiang, He Quan and Luo Xi as defendants.The court said: Chen Qiang, He Quan and Luo Xi jointly caused the consequences of ecological damage, constitute a joint infringement, should jointly bear more than 1.43 million yuan of ecological damage compensation costs, as well as 10,000 yuan of expert evaluation fees.”The riverbed damage was done by others, not me.”At the trial, He pleaded not guilty to the charges but insisted his actions did not harm the riverbed.In response, the plaintiff cited experts’ opinions to refute the claim: “Sand mining will form underwater mining pits under the Yangtze River, break the local scouring and silting state of water flow and silt, cause local stress imbalance, and directly affect the geological structure of the river bed.The damage to the riverbed caused by your illegal sand mining was assessed based on the amount of illegal sand mining and the extent of your activities.”Chen Qiang’s agent AD litem proposed that compensation liability should be determined according to the size of the fault of each defendant. Chen Qiang was not on the ship, so his liability was lighter.Pil prosecutors in the counter, and points out that the three people’s behavior constitute a common infringement: “Chen Qiang, He Quan and LuoXi, three items of illegal sand mining joint venture, Shared interests, Shared sacrifice, He Quan, LuoXi directly implement illegal sand mining on the ship Chen Qiang, though not on board, but has been involved in the matter, provides the indispensable material help, should share responsibilities.”In addition, for the impact of riverbed structure, water environment and aquatic biological resources, the compensation cost far exceeds the profit of the defendant from illegal sand mining. The plaintiff of the public interest lawsuit points out that illegal sand mining is not worth the gain, and the illegal gains may not be much.However, the damage to the country’s mineral resources, fishery resources and ecological environment is persistent and serious, and the determination of the damage compensation costs just follow the compensatory principle.”We represent the public interest of the country and society. The amount of compensation cannot be reduced, but considering the possibility of payment, it can be fulfilled in installments.”Finally, the plaintiff of public interest litigation proposed that the compensation method of the case can be flexibly applied.In the face of interlocking evidence and comprehensive and sufficient interpretation of the legal reasoning, Chen Qiang, He Quan and Luo Xi all confessed their guilt and expressed their willingness to pay compensation for ecological damage, and paid more than 960,000 yuan in advance.On July 15, 2021, the court accepted all the criminal and public interest litigation requests put forward by gulou District Procuratorate and sentenced Chen Qiang, He Quan and Luo Xi to fixed-term imprisonment ranging from two years to three years and two months for the crime of illegal mining, and ordered them to jointly bear ecological damage compensation costs and expert evaluation fees of more than 1.44 million yuan.The case is concluded, but the ecological protection of the Yangtze River is far from over, and the relevant ecological restoration work still needs the continuous follow-up of the procuratorial organs.Gulou District Procuratorate upholds the attitude of “no case can be settled”, keeps communication with the court and relevant departments, and ensures the scientific and feasibility of alternative restoration projects by means of expert review, and effectively pushes the achievements in handling cases into ecological effectiveness.The institute has signed the Cooperation Framework Agreement on Ecological Environment and Resources Protection of the Yangtze River with relevant units, and carried out a series of activities such as proliferation and discharge, small class lectures, and other related alternative restoration projects are also being promoted in an orderly manner.(All characters in the article are pseudonyms) (Wang Yushihan, Procuratorial Daily)