Lu Zhijian treats Liu Ying high solely
Handle a case inquisitor examines case discovery field on the spot
River of section chief of Jiangsu Zhenjiang ground is downstream, the nature that having 270 kilometers bank river bank line, river side is widened here, river water is gently, deposit many and high grade Jiang Sha, these rivers are arenaceous became collect illegally arenaceous person the fat of be covetous on. In recent years, zhenjiang churchyard the Yangtse River is collected illegally arenaceous rampant, ban repeatedly more than. 2017, special organization begins Zhenjiang city procuratorate blow the Yangtse River picks arenaceous special operation illegally, mechanism of supervisory public security collects arenaceous personnel put on record illegally to tens of names to investigate, and Xiang Ji appoint reach mechanism of circumjacent procuratorial work to move send case clew 35. The 26 people such as Qi Wei are especially big and illegal adopt arenaceous proposal, it is mechanism of Zhenjiang town procuratorial work the experience record number that handles in special operation amount of record of most, experience is larger, a typical case that there is major effect in domain of shipping of the Yangtse River.
This year on June 5, procuratorate of area of Zhenjiang city golden hill is concealed with be suspected of illegal mining blame reaching, conceal guilty earning blame, wait for 26 people to Qi Wei to sue. Recently, procuratorial work scheme is illegal to be suspected of among them 14 the accused of mining blame mention criminal is accessary and civil commonweal lawsuit, loss of environment of zoology of claim for compensation and repair expenses more than yuan 4.12 million, make an apology publicly on media. It is reported, this is Jiangsu saves first the Yangtse River to collect arenaceous domain criminal illegally case of litigation of accessary and civil commonweal.
The black industry catenary below curtain of night " accrual " get high breathtaking
Taking the advantage of boundless and indistinct dim light of night, suck arenaceous boat to get bulky iron pipe river copy, billow Jiang Sha is in the machine is plangent in by epispastic surface; The Jiang Sha that just gave water conveys to mix through conduit directly attract arenaceous ship side by side on carry arenaceous boat; After carrying arenaceous boat is fully loaded with, divide refute carry away through the floating crane boat in the river again; Collect go out and the Jiang Sha of carry away, be in or had been carried go to in succession over there buyer, give money single-handed, hand in single-handed arenaceous...
This is one heads with Qi Wei, the market that experience record number reachs 26 people " collect transportation and sale " collect gang of Jiang Sha of the Yangtse River at the especially big and illegal pilfer of an organic whole: Qi Wei and get together of Liu article filial piety suck arenaceous boat 3 times to use great horse power to suck arenaceous pump arenaceous, the Jiang Sha that organizes pilfer of chief commander of 9 cargo ship to collect carries boat of the floating crane in past river divide refute to sell, the person such as Yuan Zhipeng is below the case that the Jiang Sha that knows perfectly well Qi Wei to sell ties illegal pilfer to pick gain, still tacit, buy willingly.
To escape blow, these are collected illegally arenaceous person often night of day hot season goes out, and of this profession " accrual " get high breathtaking. "Below normal circumstance, arenaceous boat of a carry 34 hours but replete, sell 339 money are unchallenged. " Zou Chengzhi of this case undertaker expresses to the reporter.
Substation of Zhenjiang of public security bureau of shipping of the Yangtse River of this brief of a case and bureau of Zhenjiang city irrigation works go on a tour of inspection of censorial detachment combination discovers water politics, on September 14, 2017 put on record is investigated, bring to justice at capturing Qi Wei that day, additionally 5 people are captured in succession, still average per capita of 20 crime suspicion arrives automatically case.
Via checking, came in May 2017 between September, neat Wei correct closes the much more factitious have an eye to the main chance such as Liu Wenxiao, He Xiaoshan, make a reckless move, in did not obtain the case that picks arenaceous license to fall, in Duan Shiye of Zhenjiang of the Yangtse River continent near 116-117 black float water area wantonly illegal pilfer collects Jiang Sha five hundred and eighty-five thousand five hundred tons.
And the person such as Qi Wei collects arenaceous place to bring wantonly, it is the change that adopts structure of arenaceous area wadi, fountainhead self-restraint measures decrease considerably, riverbed is primitive big range of the structure is damaged, not only serious menace brings stability to riverbed and bank, also affected the Yangtse River of aquatic biology resource benign grow...
Severe blow pilfer collects Jiang Sha behavior, also safeguard suspect rights and interests lawfully
On December 14, 2017, this year on March 19, substation of Zhenjiang of public security bureau of shipping of the Yangtse River divides 2 batches of will neat Wei to wait for case of person illegal mining, conceal, conceal guilty earnings record to move to procuratorate of area of Zhenjiang city golden hill send examine sue.
In view of personnel of case of this case experience amount of record of much, experience attention of multifarious, society spends items of an account of big, come-and-go tall, the assign on the horse is having procuratorate of golden hill area to abound environmental resource case to handle a case the Zou Chengzhi of inquisitor of specified number of personnel of experience and the composition of inquisitor assistant Liu Ying that had sponsorred Zhenjiang area first cases to adopt arenaceous proposal illegally handle a case group.
In dicker of the number that make list checks many 300 of experience case personnel trade one by one after detail, liu Ying discovers investigation mechanism to adopt arenaceous measure illegally to the person such as Qi Wei little maintained about 17 thousand tons. After checking repeatedly and affirming further with suspect of investigation mechanism, each crime, procuratorial work mechanism maintains the pilfer of person accumulative total such as Qi Wei finally to collect Jiang Sha six hundred and two thousand four hundred tons.
Existence interrogative is the measure that pilfer adopts Jiang Sha not merely, still have the price. Zou Chengzhi tells a reporter, of the person such as neat Wei of investigation mechanism basis for narrating, the value that holds the person pilfer such as neat Wei to collect Jiang Sha of the Yangtse River is every tons 7.5 yuan; But the value that issues according to cognizance center of case of Zhenjiang market price holds an opinion, the value with experience case arenaceous river should be every tons 6.75 yuan. Every tons of 0.75 yuan price difference, look be like subtle, affect the person guilty amount such as Qi Wei directly however maintain, affect final measurement of penalty then.
Collect Jiang Sha's behavior to illegal pilfer, must give severity is hit; But the legitimate rights and interests of guilty suspect, also answer to be protected lawfully. Final, increasing cognizance pilfer to adopt Jiang Sha measure more than tons 17 thousand, decide 6.75 yuan to arenaceous value of experience case river is every tons, maintain personnel of relevant experience case to confess one's crime truly definitely, honest, accessary criminal after waiting for legal circumstances, procuratorate of golden hill area is suspected of illegal mining blame at waiting for 14 people with neat Wei of the accused person on June 5 this year, other 12 people are suspected of concealing, conceal guilty earning blame, afore-mentioned 26 people to forensic to sue.
Wade judicatory of zoology of the Yangtse River protects new way
Collect arenaceous crime illegally for severe blow, protect environment of zoology of the Yangtse River effectively, procuratorate of golden hill area suffers oneself case at the beginning of, decide to mention to the person such as Qi Wei criminal is accessary and civil commonweal lawsuit, while so that be in,blow the Yangtse River collects arenaceous crime illegally, chase after countervail zoology damages to guilty suspect, repair criminality is damaged to what place of environment of zoology of the Yangtse River causes.
Chase after the premise of countervail zoology damages to guilty suspect, it is to must allow to be maintained truly collect illegally arenaceous cause to zoology environment after all how old damage. And these harm involve resource of safety of irrigation works of the Yangtse River, hydrology, water quality, river and coastal zoology environment, fishery to wait for square field surface, undertake to its scientific appraisal is a difficult problem all the time before this. Accordingly, collect arenaceous criminality illegally to mention the commonweal lawsuit that destroys zoology environment kind, in Jiangsu the province still does not have precedent before this.
After many twists and turns, the environment of ministry of former environmental protection that area procuratorate found golden hill finally to have appraisal aptitude plans courtyard environment risk and damage appraisal to evaluate a research center. Expert of this center assign arrives to collect arenaceous site development illegally survey, call together management department of zoology of many the Yangtse River to hold an informal discussion, damage a society finally to the person illegal mining such as Qi Wei public interest one case issued zoology environment to damage survey report.
According to appraisal opinion, the activity of person illegal mining such as Qi Wei is caused collect quantity of self-restraint of change of structure of arenaceous area wadi, fountainhead to reduce one hundred and seventy-four thousand three hundred stere, riverbed is primitive the construction is damaged three hundred and sixty-seven thousand three hundred stere, restore fountainhead self-restraint quantity and riverbed original structure place needs charge to be 3.939 million yuan about; Cause fish resource forehead of immediate pecuniary loss is twelve thousand six hundred yuan, natural fishery loss restores charge to be thirty-seven thousand eight hundred yuan.
After solving this one crucial problem, via the layer procuratorate of newspaper Jiangsu province is examined and approve agree, the 14 people such as the Qi Wei that procuratorate of golden hill area is suspected of illegal mining blame at was opposite on July 27 mention to the court criminal is accessary and civil commonweal lawsuit, appeal to beg a court to sentence Ling Qiwei to wait for 14 to destroy person of liability of tort of environmental modes of life and relation to their environment to compensate for along with to evaluate each charge such as loss of environment of appraisal cost, zoology and repair expenses to add up to four million one hundred and twenty-eight thousand four hundred yuan, make an apology publicly on media.
Huang Jie of section chief of department of civil administration procuratorial work tells Zhenjiang city procuratorate the reporter, all money of this claim for compensation, will select arenaceous area illegally through using deposit area silt to make up for, begin zoology to put stream wait for omnibus rehabilitate means, use at restoring riverbed entirely the structure, balance that maintains resource of fishery of the Yangtse River and benign grow wait for repair to work.
"This case runs procuratorial work office first-rately, pass criminal lawsuit of accessary and civil commonweal, increased illegal crime cost, strong awe crime. Protect modes of life and relation to their environment of the Yangtse River, common people pays close attention to very much, mechanism of hope procuratorial work increases blow strength continuously, increase diaphaneity of environmental repair work, let zoology of the Yangtse River protect thorough popular feeling. " lofty of king of delegate of countrywide National People's Congress expresses to the reporter.
Jing Shuangbin of deputy chief procurator of Zhenjiang city procuratorate introduces, on October 31, 2017, standing committee of Zhenjiang city National People's Congress was made " resource of line of Zhenjiang mayor river bank protects byelaw " , this is the local laws and regulations that domestic head ministry is aimed at resource of water front of the Yangtse River technically to protect. This year in March, mechanism of Zhenjiang town procuratorial work took the lead in beginning litigation of commonweal of resource of water front of the Yangtse River in complete province special supervise, came on stage " lawsuit of commonweal of protection of resource of water front of the Yangtse River of mechanism of Zhenjiang town procuratorial work is special monitor executive program " , feel a clew deep, at present already put on record 29, give out the procuratorial work before appealing to to suggest 26.
