Recently, a criminal case of illegal fishing of aquatic products occurred in Koudan Town, Chengbu Miao Autonomous County, Shaoyang, Hunan Province, according to the case information signed by its correspondent previously published by the official account of a media WeChat. After investigation, the suspects Lan Mou and Jiang Mou were lit with large firecrackers in the river channel of Taiping Village in Koudan Town on February 14, and then thrown into the river. After the explosion killed or stunned the fish, they fished them out with net bags. They caught six wild river fish in this way. After the criminal suspects Lan and Jiang arrived at the case, they confessed their criminal facts.
According to the foregoing information, Lan and Jiang's actions violated the provisions of the Circular of the People's Government of Chengbu Miao Autonomous County on the Total Prohibition of Fishing in the Natural Waters of the County, violated Article 340th of the Criminal Law of People's Republic of China (PRC), and were suspected of illegal fishing of aquatic products. At present, Lan and Jiang have been criminally compulsory by the County Forest Public Security Bureau.
The picture in the article shows that a man is pointing to six big silver fish, a firecracker and half a piece of firecracker paper.
At present, the above article has been deleted by the publisher. The aforementioned staff said that there is indeed a case news released from the official account of WeChat, but? Not officially released? . At present, the content has been deleted due to mistakes in the official account of WeChat. After the news was released, the parties involved blew up six small fish with firecrackers, and criminal compulsory measures were taken on suspicion of illegal fishing of aquatic products. Whether it is considered too heavy has sparked a discussion.
Why are the parties involved in this case suspected of illegal fishing of aquatic products? 2 1 night, a staff member of the Forest Public Security Bureau of Chengbu Miao Autonomous County explained to this newspaper that the above-mentioned case occurred in the central area of Nanshan National Park in Hunan Province on the third day of the New Year's Eve, and the local people went to deal with it after reporting it. At present, the central government has proposed that the key waters of the Yangtze River Basin be closed to fishing for 10 years, that is, all illegal fishing of aquatic products is prohibited. Hunan has a clear stipulation in the fishing ban that it is forbidden to fry fish with explosives and electric batons.
The staff also said that they made the identification according to the legal provisions, criminal law provisions, Hunan fishery regulations and the notice of the county government office. ? Illegal fishing does not mean that the fish are small. The so-called life begins at an early age, which is wild. ? The staff member said.
According to the provisions of Article 340th of the Criminal Law, the crime of illegal fishing of aquatic products refers to a serious act of fishing aquatic products during the closed fishing period or using prohibited tools and methods in violation of laws and regulations on the protection of aquatic resources. According to the criminal law, whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
Zhao Liangshan, a lawyer of Shaanxi Hengda Law Firm, believes that it must constitute the crime of illegal fishing of aquatic products? Serious circumstances? In order to file a lawsuit. According to Article 63 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (I), anyone who catches aquatic products in a no-fishing area in violation of the laws and regulations on the protection of aquatic resources, or uses prohibited tools and methods in any of the following circumstances, shall file a case for prosecution: (1) Illegal fishing of aquatic products with a value of more than 500 kilograms and more than 5,000 yuan in inland waters, or illegal fishing of aquatic products with a value of more than 2,000 kilograms and more than 20,000 yuan in naval battles. (2) Illegal fishing of aquatic animal larvae and brooding parents with important economic value or fishing of aquatic products in protected areas, where the value of inland waters is more than 50 kilograms or more than 500 yuan, and that of marine waters is more than 200 kilograms or more than 2,000 yuan; (3) Fishing with prohibited tools and methods in the no-fishing area; (4) fishing with prohibited tools and methods during the fishing ban; (5) Fishing with prohibited fishing gear on the high seas, causing serious impact; (six) other serious circumstances. ? Those who meet one of the above circumstances shall be prosecuted.
Zhao Liangshan said that as far as the contents of the current notice are concerned, the county-level documents have clearly listed the area involved as a no-fishing area, and it is forbidden for those involved to fry fish through large firecrackers. The above behavior belongs to the use of prohibited methods for fishing in the no-fishing area, which is in line with the crime of illegal fishing of aquatic products. There is nothing wrong with suing. However, considering the small number of fish, it can be considered as appropriate when prosecuting.
Xing Xin, a lawyer of Hunan jinzhou area Law Firm, believes that in this case, based on the modesty of criminal law, according to the quantity, value, fishing methods and tools of the catch in this case, the harm to aquatic biological resources is obviously light, and it can be considered as a minor crime, and no prosecution or exemption from criminal punishment according to law. If the above acts do not constitute a crime, the agricultural and rural (fishery) departments shall give administrative punishment according to the fishery law and other laws and regulations; If it constitutes a violation of public security administration, the public security organ shall impose administrative penalties on public security according to law.
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