"Sessional now! " as ringing law mallet sound, on June 5 9 when 30 minutes, forensic Jiangsu division is carried in Xuzhou railroad inside big assizes court, zhang Mou of the accused person is illegal mining and criminal are accessary and civil punctual and open open a court session hears commonweal litigation case. This is this courtyard is comprised first " 3 judges 4 people juror " 7 people collegiate bench hears a case.
Find out via examining, came 2012 between 2016, zhang Mou of the accused person is a purpose with seeking profits, below the condition that did not obtain mining license, the person such as employ Li Mou, Wang Mou, Huang Mou with driving grab digs collected way, in development of Xuzhou economy technology Xu Zhuang presses down hill of Yao of wool village boorish to extract shale sells the person such as Zhang Mou illegally, add up to to gain profit illegally more than yuan 40, destroy to extracting the geological environment inside the area was caused.
Public prosecution mechanism thinks, the behavior of Zhang Mou of the accused person already offended criminal law, ought to investigate its criminal duty with illegal mining blame. In the meantime, commonweal lawsuit sues a person to think, zhang Mou of the accused person extracts shaly behavior caused local geological environment to destroy illegally, according to the regulation of relevant law, zhang Mou ought to assume corresponding environmental rehabilitate civil liability, mention then criminal is accessary and civil commonweal lawsuit, the environment that requests to sentence Zhang Mou of person of your the accused to be caused to illegal mining lawfully is destroyed give repair or compensation because its are illegal the repair cost that mining behavior place causes geology to destroy reachs appraisal charge one million four hundred and forty-eight thousand three hundred yuan 10 thousand yuan.
In front courtyard careful, the controversy focus of both sides dominating debate depended on both sides all referring an environment to administer design program to the court, should use what kind of plan to have repair to the mine geology environment of experience case, ability comes true with the biggest the result that turns implementation environment rehabilitate.
Commonweal lawsuit sues a person to think, below current situation condition, the place that already was destroyed produces collapse calamity possibility bigger, destroy land natural resources the effect is smaller, this plan determines repair method with reducing geological calamity to wait, program land type is forest land or general and agricultural the ground, have the kind of backfill of cubic metro of earth and stone, eliminate geological calamity hidden danger, restore land function.
The accused just thinks, 20 centuries the zoology environment of 70 time is very superior, through exploitation of 30 years, original tree, wild animal already the loss dangers, the footing of plan is how to found benign zoology environment, it is to rebuild, environment of zoology of happiness of give somebody a new lease on life. This plan is give somebody a new lease on life square, pond does a water, Lu Chang, can give birth to the land resource that uses alive for the person, the target is to eliminate geological calamity, restore geological landscape, total cost is 854 thousand yuan.
Before this, collegiate bench already organized the meeting before call together is sessional twice, administer a problem to the refreshment of damage zoology environment, sued a person to put forward with respect to commonweal lawsuit " field is backfill, restorable " plan and Zhang Mou of the accused person put forward " adjust measures to local conditions, reframe zoology environment " plan, undertake analytic demonstrative respectively. Choose repair plan for scientific and reasonable discriminate, collegiate bench still organizes commonweal lawsuit twice to sue juror of person, people and relevant personnel to go to case discovery field to be examined on the spot, in order to assure the lawful sex of case judge and program of zoology environment repair, rationality and feasibility.
Spot of front courtyard careful, the expert that accuses argue both sides to apply for front courtyard assists a person from environmental resource angle, the different repair program that sues person and Zhang Mou of the accused person to put forward severally with respect to commonweal lawsuit undertook major unscramble respectively. Two people jury that have knowledge of environmental resource major are reached around effect of cost of the feasibility of repair program, rehabilitate, rehabilitate reasonable wait for a respect to assisted a person to undertake to bilateral party and expert professional investigation inquiry, to the actor of repair program bad is judged and discriminate does not accept or reject protruding shows environmental resource adjudgement to specialization characteristic.
Through careful of front courtyard of two many hours, final first instance adjudicates the court Zhang Mou commits illegal mining crime, sentence a set term of imprisonment 1 year 5 months, fine RMB 30 thousand yuan. Why to plant about adopting the problem of environmental repair program, collegiate bench expresses to will be after end of this careful of case front courtyard, undertake advisory to the concerned branch such as bureau of natural resources of Xuzhou city land with respect to environmental rehabilitate problem, act on the modes of life and relation to their environment that restores to be damaged with utmost and geological environment to be a purpose, choose most the plan that is helpful for zoology environment rehabilitate.
The reporter understands, in recent years, jiangsu court produces adjudgement function effect adequately, grasp from beginning to end support concept of judicatory of environmental rehabilitate sex, lawfully from severe punish destroy environment of zoology, pollution to commit a crime, will pass high grade and efficient environmental resource judgement further, satisfy the need of beautiful zoology environment that people increases increasingly ceaselessly, the environmental satisfaction that promotes people hard is spent, self-identity feeling and obtain feeling, for Jiangsu high quality development goes advanced row to provide strong judicatory service and safeguard.
□ reporter Ding Guofeng
Sha of Luo Sha of reporter of □ learn on job
N/arc drafting / Li Xiaojun
