In April 2016, Qin Yunchang, who lives in Huangwan Village, Lushi County, Henan Province, went to a nearby hillside to dig for medicinal herbs and incidentally unearthed three cymbidium orchids, which were seized by forest public security officers on their way to bring them home. Subsequently, the Lushi County People's Procuratorate prosecuted Qin Yunchang for the crime of illegally harvesting plants under state protection, and he was sentenced to three years' imprisonment, three years' probation and a fine of 3,000 yuan.
The case was reported by the media and attracted attention. After seeing the report Qin Yunchang more and more pondering feel wronged, so he found an aid lawyer, began to complain.May 23, Lushi County People's Court issued a "retrial decision letter", that the first trial decision to determine the facts of the error, the application of the law is wrong, the case will be by the Lushi County People's Court to form a collegial panel of retrial. With the Qin Yunchang also received a "retrial decision letter" of three other villagers, they were also sentenced for digging Cymbidium orchids.
Qin Yunchang said they were very happy the day they got the court's "retrial decision," and the four of them held the "retrial decision" in front of their chests for a photo, as if they had been acquitted. In the perception of the Qin Yunxuan, such a turnaround is not easy, "they can be a common people for me to admit their mistakes, before is not dare to think."
He now expects to be acquitted in the retrial, and also hopes to apply for state compensation after the acquittal. He was physically and mentally exhausted by the incident, and could not go out to work to earn money, and had insomnia all night long, and his son was seriously ill, and he could only borrow about 5,000 yuan a month for treatment, "The family is in a predicament that it has never been in before."
Earlier years in the fields are, "is not something rare."
Lushi County is located in the western part of Henan, is located at the intersection of Henan and Shaanxi provinces, the eastern foot of the Qinling Mountains. County records, here, "gullies and ravines, surrounded by mountains, beautiful scenery, rich in specialty resources".
Huangwan Village is more than 70 kilometers away from Lushi County, a daily round-trip bus along the Luoshui River winding road up and down, one-way nearly 3 hours.
Like most mountainous areas, the young people here went out to work at an early age, and the remaining women and elderly people stayed at home in greenhouses to grow crops such as shiitake mushrooms and fungus, and later banned the felling of trees, so they went into the mountains to dig up herbs in their spare time to subsidize their families.
Qin Yunxue began drilling in mines in Sanmenxia and Lingbao more than a decade ago. Often down to more than 100 meters deep in the mine, will put the explosives hole drilled, with a loud bang, the ore cracked, miners will be loaded with minerals trucks out. Can earn 70,000 to 80,000 dollars a year, this "play life" work Qin Yun for a dry dry for more than ten years.
Until 2015, the age increase, he gradually can not eat the mine of high-intensity physical work, so back home. Idle at home can not earn money, he had to, like other villagers, into the mountains to dig herbs.
Qin Yunxuan and the villagers mainly dig a kind of medicine called "white hyacinth", will be dug back to the seedlings, planted in front of the house, to grow to a certain extent, and then dug out, sold to the drug dealer.
May 27 followed Qin Yunxuan into the mountains near his home, and every few steps he will point to the celandine orchid poking its head out of the woods. In his memory, orchid grass "is not a rare thing", in earlier years, fields, roadside slopes are growing, most of the inconspicuous, the villagers will not distinguish varieties, uniformly called orchid grass. Every year from March to May orchid flowering, rich fragrance, the villagers occasionally encountered this bright "good grass", often dug home to plant to appreciate.
Qin Yunchang said, before and after 2004, "orchid grass" market is hot, 80% of the villagers in the mountainous areas around them have dug orchid grass to sell money, the price of 10 yuan, 20 yuan, and later, with the decline in the price of orchid grass, the villagers are no longer digging orchid grass to sell on the mountain.
Changing the fate of Qin Yun for that time, is April 22, 2016, he and his fellow villagers Qin Shuai on the mountain digging medicine, downhill on the road, a fragrance caused him to pay attention to, looking around, found on the slope of a few orchids bloomed in color. So he and Qin Shuai each chose a clump of orchid grass, carefully hand dug up, along with the herbs hanging on the motorcycle in a cloth bag, ready to take home planting.
The two were then seized by forest public security officers on their way home.
Illegal logging of national key protection plants, sentenced to three suspended three
December 2016, Lushi County People's Procuratorate to illegal logging of national key protection plant crime of Qin Yunxuan and Qin Shuai filed a public prosecution. Subsequently, the Lushi County People's Court issued a first-instance verdict.
The trial judgment shows that the defendant Qin Yunchang in the absence of wild plant collection certificate, unauthorized excavation of orchid grass a clump of three, Henan Forestry Judicial Appraisal Center identification, its illegal excavation of orchid grass is orchids in the genus Cymbidium. The defendant Qin Yunxuan was found guilty of illegally harvesting plants under state protection, and was sentenced to three years' imprisonment, suspended for three years, and fined 3,000 yuan. Qin Shuai, on the other hand, was sentenced to one year's imprisonment and fined 5,000 yuan for planting some other orchids at his home.
Initially, do not know the law of Qin Yunxuan although the heart is not convinced, but also can only admit their own bad luck, "public security and the court found guilty, then I can appeal?" Later, with more and more reports on the case, Qin Yunchang dug Cymbidium orchids belong to the national key protection plant has become the focus of debate.
According to a report by the New Beijing News, the List of Wild Plants under State Key Protection (First Batch) includes nearly 400 species of plants, and there is no cymbidium orchid. The China Wild Plant Protection Association also said that cymbidium orchids are not yet a national key wild plant for protection. "Although some experts have a proposal to include cymbidium orchids in the list of national key protection, they have not been included in the protection because of some legislation and other problems."
The Lushi County Forestry Public Security Bureau has said that although the cymbidium orchid is not included in the national list, it is listed as a key protection in Henan Province because it is a plant in the appendix of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and "is now among the key protected plants in Henan Province."
Seeing the report, the more Qin Yunchang pondered the more feel wronged, he thought his behavior is not illegal. He told like forest protection and fire prevention, slash and burn such slogans and propaganda everywhere, villagers know that do illegal, but he grew up not know digging a few orchids is illegal.
By the end of 2017, Qin Yunxuan contacted an aid lawyer and asked for his help in filing a complaint. On May 10 this year, Qin Yunchang filed a complaint with the Lushi County Court, arguing that the original verdict found the facts to be unclear, the evidence was insufficient, and the applicable law was wrong, requesting that the trial supervision procedures be instituted in accordance with the law, a retrial be filed, and the complainant be found not guilty.
Qin Yunxuan said in the complaint, huilan does not belong to the national key protection plants, the trial court found that huilan belongs to the national key protection of wild plants, is a factual error. The hills near his home are full of cymbidium orchids, and there are many large professional households breeding cymbidium orchids. The number of breeders is large, the quantity is wide, and the species are numerous, so the celandine orchid is in fact a common plant and has not yet been included in the first and second batches of China's National Key Protected Wild Plants. On the day of the incident, it was only out of love for the flowers and plants, rather than knowing that it was a national key wild protected plant that it was illegally harvested.
The complaint also pointed out that the original judgment applied the law incorrectly, and that the application of criminal law to international treaties must be transferred to domestic law, citing the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) as contrary to the law.
Qin Yunchang: I hope to be acquitted, and then apply for compensation
May 23, the Lushi County People's Court issued a "decision on retrial", that the first-instance decision to determine the facts of the error, the application of the law is wrong, the case will be the Lushi County People's Court to form a collegial panel retrial. With the Qin Yunxuan also received a "retrial decision" of three other villagers, they were also sentenced for digging Cymbidium orchids.
▲The four people convicted of digging Cymbidium received a notice of re-trial photo Interviewed by the picture
May 28, contacted the Lushi County People's Court relevant person in charge, he said, the time of re-trial is still unclear, there are specifics will be timely notification of the parties. Subsequently, came to the Lushi County Forestry Public Security Bureau, office staff said the case does not accept media interviews.
Qin Yunchang said, they got the court "retrial decision" is very happy, four people will be "retrial decision" in front of the chest photo, as if they have been acquitted. In the Qin Yun for the cognition, such a turnaround is not easy, "they can be a common people for me to admit mistakes, before is not dare to think."
He now expects to be acquitted in the retrial, and also hopes to apply for state compensation after the acquittal. He was physically and mentally exhausted by the incident, could not go out to work, could not earn money, and had insomnia all night long. He kept his cell phone by his side all the time, fearing that because he didn't get a call from the court, the Forestry Public Security Bureau, the township police station and other departments, it would make "things worse".
He explained that during the probation period, he had to do relevant reports every month, study the law, and also carry out voluntary labor ...... Therefore, he could not go out to work, but only at home to farm, and the income is difficult to guarantee.
In 2017, Qin Yunxuan's son, who was about to enter his second year of high school, had to take a break from school to stay at home and recuperate because of a serious kidney disease. He had to report to the relevant authorities every month to apply to take his son to Xijing Hospital of the Fourth Military Medical University in Xi'an for treatment. Because of the lack of financial resources, he had to borrow about 5,000 yuan a month to pay for the treatment, Qin Yunxuan said.
During the interview, Qin Yunchang repeatedly attributed the main reason for his family's plight to the sentence. He kept asking, "Do you think a retrial will result in an acquittal?" "Is it possible to get state compensation if you are found not guilty?" Before he could wait for an answer, his mouth began to mutter again, "We a common people, I guess it's hard to ......"
Ignorant people are most likely to commit crimes.
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