Illegal entering the core reserve of Grand Panda National Park to minimize ore: the sinful road of three stolenists

Cover Journalist Song Xiao

In the core protected area of ​​the Grand Panda National Park, a mine that was originally closed was secretly opened. The generator, mule, and iron picks were in battle. A secret conspiracy was staged.

On September 23, 2022, the Chengdu Railway Transport Second Court opened the court in accordance with the law and tried the case of Zhao Moumou and Xin Moumou. It is understood that the case was the first criminal case in the country since the establishment of the Grand Panda National Park.

It was found out that the "old slot" mining area is located in the core protected area of ​​Grand Panda National Park. In December 2017, the mining area had been closed and naturally restored according to law in accordance with the requirements of the Grand Panda National Park. Xin Moumou and Feng caused the ore to collapse when the ore was cut off. Xin Moumou and Feng were buried by the collapsed ore. Feng Mou died on the spot and Xin Moumou was seriously injured.

In the end, the court sentenced Zhao Moumou and Xin Moumou to the crime of destroying the natural protection of nature, sentenced Zhao Moumou to three years and two months, and fined 5,000 yuan; Fined a fine of RMB 5,000.

A conspiracy: stealing ore in a closed ore hole

The hoof seal on the road has not been fully melted with ice and snow. In the deep mountains, the stolenrs are conspiring a "unsightly" action.

In August 2020, Zhao Moumou, Xin Moumou, and Feng Mou (dead) were profitable, and discussed the stolen lead -zinc ore in the "old slot" mining area.

In order to facilitate entering the "old groove" mining area, the three hired people to break the large stone at the entrance of the core area of ​​the national park and forcibly open the channel into the core area. And hire someone to cut down the plants on the path to form a road of about one meter wide.

Since then, the three have moved the generators, electric picks, electric wires, mining lamps, gasoline, living materials and other items into the "old groove" mining area, and use electric picks, dumplings and other ore in the mining hole for about 15 days. About 40 tons of ore.

In November 2020, when Xin Moumou and Feng used electric picks to cut off the mine, the ore collapsed. Xin Moumou and Feng were buried by the collapsed ore. Feng Mou died on the spot and Xin Moumou was seriously injured.

In August 2021, Xin Moumou and Li Mou (treated another case) were sold for the lead zinc ore stolen by the "old groove" mining area to sell, forcibly opened the main mine, and used stones and concrete to the core area. Part of the roads that have been closed for hardening and purchased 6 mules and hired people to produce and live in the Grand Panda National Park for more than 20 days, and the two stole about 6 tons of ore.

In September of the same year, Zhao Moumou led Li Moumou (handled by another case) and others to check the ore in the "old slot" ore. The weight of the stolen ore is about 4 tons. Later, Li Moumou was discovered and the police was discovered and alarm by the staff of the Grand Panda National Park Management Branch during the transportation.

More than 40 tons of pirate lead zinc ore were sentenced to three years and two months in prison

It was identified that the pockets left in the "old groove" ore weighed 30472.02kg, the average leader of the lead was 15.65%, the average product of zinc was 42.10%, and the value was 106652 yuan.

Liu Yuanyue, senior engineer of the Sichuan Provincial Academy of Ecological and Environmental Sciences, appeared in court to explain the opinions of experts. He believes that Xin Moumou, Zhao Moumou and others stole lead -zinc ore in the core area of ​​the Grand Panda National Park and destroy the national park have caused many direct ecological environmental impacts on the core area of ​​the Giant Panda National Park: The core area theft of mineral resources violates the requirements of the Big Panda National Park to prohibit production and operation activities, resulting in direct damage to the natural resources of natural resources in the core area of ​​the national park; illegal mining behavior leads to the collapse of the mine and no repair in the future, increasing the risk of geological disasters; The stealing process directly affects the wild animal habitat and vegetation in the mining area. The behavior of the two people caused local damage to the ecosystem of the core area of ​​the Giant Panda National Park, and the ecological environment influence caused by the calculation was 9190.64 square meters.

Deng Yangping, a police officer of the investigator of the case, also explained the on -site investigation and ecological environment damage of the core area of ​​the Grand Panda National Park.

After the trial, the Chengdu Railway Transport Second Court sentenced Zhao Moumou and Xin Moumoumou to destroy the crime of natural protection for nature, sentenced Zhao Moumou to three years and two months, and fined 5,000 yuan; It is a term in prison for two years and ten months, and a fine of RMB 5,000.

What is the crime of destroying natural protection?

It is understood that the case is the first case to investigate the crime of destroying the natural protection of nature to destroy the national park's ecological and environmental crime. National Park is the most important, the most unique of natural landscapes, the most essence of natural heritage, and the most biological diversity, with global value and national symbol.

As the most important part of my country's natural protection land system, Giant Panda National Park has extremely important ecological value and strategic position. It is the national ecological safety highland and must be implemented with the strictest protection.

In this case, Xin Moumou and Zhao Moumou sold ore for theft of theft, knowing that within the core area of ​​the Grand Panda National Park, it still violated the laws and regulations of natural protection for nature protection. Use concrete hardening pavement, open the mine without permission, personnel and horses are repeatedly stepped on in the core protected area, carrying dangerous items such as gasoline and gas into the core protected area and using fossil fuel -based machines to produce and live Randomly abandon waste and domestic garbage, severely damaged the ecological environment of the core protected area of ​​the Grand Panda National Park and causing casualties to severely damaged the act of stealing and transportation. Crime and punishment. Interpretation: Why is illegal theft ore not illegal mining?

One question: The behavior of Zhao Moumou and Xin Moumou manifests illegal theft ore. Why is the crime of destruction of natural protection, not illegal mining?

The crime of destroying the natural protection land belongs to the crime of chapter 6 of the Criminal Law of the People's Republic of China. And strict protection of the special ecological environment in nature protection.

Xin Moubao and Zhao Mouqiang violated the management regulations of nature protection and entered the core area of ​​the Grand Panda National Park without authorization. The composition of the crime of nature protection.

The actions of Zhao Moumou and Xin Moumou not only violated the legal and benefits of destroying the crime of protecting the natural protection of nature, but also infringing the legal and benefits of illegal mining. According to paragraph 2 of Article 342 of the Criminal Law, "Violation of the management regulations of natural protection areas, reclamation, development activities, or building buildings in national parks and national nature reserves For less than five years of imprisonment or detention, and punishment or single fines. If there is an act in the previous paragraph, and at the same time, if other crimes are constituted, the crime and punishment shall be determined in accordance with the severe punishment. " The imprisonment, detention or control, and punishment are placed or single; the crime of destroying the natural protection place is less than five years in prison or detention, and a penalty or a single fine. In the case of serious circumstances, the crime of destroying the natural protection land is a serious law. In addition, if this case is punished for illegal mining crimes, the crime will not be able to cover the defendant's illegal entering the core area, destroying the ecological environment of the national park, triggering the geological disasters of the mining area, and causing casualties and other environmental destruction behaviors and consequences. Therefore, this case shall be sentenced to punishment for the crime of destroying the natural protection land.

Second question: How to convict the crime of destroying the natural protection place?

"Criminal Law Amendment 11" was approved by the 24th meeting of the Standing Committee of the 13th National People's Congress on December 26, 2020. It will be implemented from March 1, 2021, adding 342 One of the articles "Destroy Nature Protection Land: Violation of the management regulations of nature protection, and in national parks and national nature reserves to recover, develop activities or build buildings, causing serious consequences or other harsh plots, be less than five years and below five years. There are a period of imprisonment or detention, and a fine or a single fine; if there is an act in the previous paragraph, and at the same time, if other crimes are constituted, the conviction and punishment shall be determined in accordance with the severe punishment. "

Three questions: What are the aspects of "causing serious consequences or other harsh plots" that destroy the crime of natural protection?

1. The subject element: the subject of the crime is the general subject, and the natural person or unit can constitute the crime.

2. Objective requirements: The object of this crime is the management regulations of nature protection land, including the "Nature Reserve Regulations", "Forest Law", "Mineral Resources Law", "Land Management Law" and "Wetland Protection Law" and other laws and national levels The "Interim Measures for the Management of National Parks" and the "Administrative Measures for the Grand Panda National Park" formulated by the provincial level and the provincial level.

3. Subjective requirements: Subjective aspects of intentional composition, that is, the actor knows that in the national park and the national nature reserve, it still deliberately implements the behavior of reclamation, development, and building houses.

4. Objective requirements: Objectively manifested in violation of the management regulations of nature protection, and implement the behavior of reclamation, development, and building houses. "Reclamation" refers to activities such as wasteland, planting, felling and grazing for land, planting, and felting in forest land and farmland. "Development" refers to the construction of economic engineering projects, such as hydropower projects, mining projects, and sand digging. "Building buildings" includes the development of real estate projects. At the same time, the actions of reclamation, development, and building houses in national parks and national nature reserves must achieve "serious consequences" or "other harsh plots."

At present, the Supreme People's Court has no clear explanation of the "serious consequences" and "bad plots" of destroying the crime of destroying the natural protection of nature. It should be comprehensively determined in accordance with the existing laws and regulations and judicial interpretations. The crime of destroying the natural protection place belongs to the crime of chapter 6 of the Criminal Law of the People's Republic of China. By analyzing the "plot" and "consequences" type specified in the 16 charges of Criminal Law, the sixth charges of the sixth section 6, destroying environmental resource crimes includes "plot" and "consequences": resource destruction, property loss, personal casualties and environmental environment 4 types of damage. Therefore, the "serious consequences" and "harsh plots" stipulated in the crime of destroying natural protection areas should be determined around the above four types.

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