On April 13, it was learned from Shanghai Railway Transport Procuratorate that it had filed a criminal incidental civil public interest lawsuit against Meng Gu. This case is the first case of criminal incidental civil public interest litigation in Shanghai.
According to the introduction of the procuratorate, from mid-October 20 1 17 to February 6, 20 17, Meng Gu hung the net twice in a small forest in the east of Chongming District, Shanghai, with the net hanging range of more than 12 meters, and captured it successively.
Among them, the white-bellied thrush has been included in the list of national protected animals, with three, and the blackbird has been included in the list of key protected wild animals in Shanghai.
The procuratorate said that Chongming District is a wildlife sanctuary. Knowing that he hunted wild animals, Meng Gu still used hunting tools to hunt illegally in the wildlife reserve, resulting in the death of 37 wild birds. Its behavior violated the Wildlife Protection Law of People's Republic of China (PRC), destroyed the national wildlife resources, caused national economic losses and harmed public interests. According to the provisions of Article 3 of the Wildlife Protection Law of People's Republic of China (PRC), Article 4 of the Property Law of People's Republic of China (PRC) and Paragraph 1 of Article 6 of the Tort Liability Law of People's Republic of China (PRC), Meng Gu shall bear civil tort liability according to law.
On March 30th, 20 18, the Shanghai Railway Transport Procuratorate filed a criminal incidental civil public interest lawsuit with the Shanghai Railway Transport Court, requesting the defendant Meng Gu to compensate the national economic losses and publicly apologize.
It is understood that Article 55 of the Civil Procedure Law of People's Republic of China (PRC) (implemented on June 27, 20 17) stipulates that the people's procuratorate may bring a lawsuit to the people's court when it finds that it destroys the ecological environment and resource protection and infringes on the legitimate rights and interests of many consumers in the field of food and drug safety. There is no organ or organization specified in the preceding paragraph or no lawsuit has been filed. Where an organ or organization mentioned in the preceding paragraph brings a lawsuit, the people's procuratorate may support the prosecution.
Article 20 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Cases of Public Interest Litigation (implemented on March 2, 20 18) stipulates that when people's procuratorates initiate criminal proceedings against criminal acts that damage the ecological environment and resource protection, infringe upon the legitimate rights and interests of many consumers in the field of food and drug safety, they may bring an incidental civil public interest lawsuit to the people's court, which will be tried by the same judicial institution of the people's court. Cases of criminal incidental civil public interest litigation initiated by the people's procuratorate shall be under the jurisdiction of the people's court that hears criminal cases.
After the Shanghai Municipal People's Procuratorate issued the Implementation Plan for Shanghai Procuratorial Organs to Carry out Public Interest Litigation in an All-round Way, the Shanghai Railway Transport Procuratorate, on the basis of centralized jurisdiction over the first-instance criminal cases of destroying environmental resources protection in the whole city, set up a platform for transferring clues of public interest litigation, established a professional public interest litigation team, explored the mechanism of handling public interest litigation, and filed criminal incidental civil public interest litigation against cases of polluting the environment and destroying resources, which further promoted the construction of Shanghai's ecological environment.
The Shanghai Railway Transport Procuratorate said that on the eve of the opening of the 37th "Bird-loving Week" in Shanghai, it hoped to publicize the theme of "protecting bird resources and protecting green mountains and green mountains" through the first criminal incidental civil public interest litigation, enhance the public's awareness of protecting animal diversity and create a beautiful home with natural harmony.