"Five defendant, Zhang Moumou and others, were convicted of illegal mining and sentenced to fixed-term imprisonment respectively, and the provisions of the prohibition order in the Criminal Law were applied to prohibit five defendant from engaging in sand mining activities within five years from the date of the completion of the penalty or the date of parole." On the morning of April 1, when the Yellow River Protection Law was formally implemented, the Zhengzhou Railway Transport Court opened a public hearing in the First Circuit Trial Court of the Yellow River Basin to hear the case of illegal sand mining by five defendant, Zhang Moumou and others, in the prohibited mining area of the Yellow River, and punished the crime of destroying the mineral resources of the Yellow River. It is reported that after the implementation of the Law of the People's Republic of China on the Protection of the Yellow River, the Henan Court publicly heard the "first case" concerning the protection of the Yellow River. Review of
the case: Before the Spring Festival of
2021, five people, including Zhang Mou, discussed together and invested in the Yellow River prohibited mining area with capital or machinery, actively prepared for excavation and transportation vehicles, without obtaining the Yellow River sand mining license. Sand is mined without authorization in the beach of the Yellow River near the prohibited mining area, and the collected sand is hoarded and sold for profit. After
receiving the clues handed over by the relevant departments, the public security organs, after careful investigation, arrested five people, including Zhang Moumou, who carried out illegal sand mining activities in the beach area of the Yellow River. According to the investigation, Zhang Moumou and other five people illegally excavated 24734 1 cubic meters of sand in the prohibited mining area, with a value of RMB 445214 yuan.
On the morning of
April 1, the Zhengzhou Railway Transport Court heard the case publicly in the First Circuit Trial Court of the Yellow River Basin, which was established in accordance with relevant laws. The case consisted of three judges and four people's jurors with expertise in environmental resources to form a seven-member collegial panel, with Zhang Zongmin, president of Zhengzhou Railway Transport Court, as the presiding judge, and Jiang Xinguo, chief procurator of Zhengzhou Railway Transport Procuratorate, appearing in court to support the prosecution. After trial, the
Zhengzhou Railway Transport Court held that the defendant Zhang Mou-mou and other five persons committed the crime of illegal mining, and that the defendant had the circumstances of sentencing such as voluntary surrender, confession of guilt and punishment, full return of stolen goods, and recidivism of new crimes during the probation period, and that the court reached a mediation agreement on criminal incidental civil public interest litigation. Five people were sentenced to fixed-term imprisonment ranging from three years and four months to seven months and fifteen days according to law, and a fine was imposed. At the same time, five defendant are prohibited from engaging in sand mining activities within five years from the date of execution of the penalty or the date of parole. The defendant said in court that he would not appeal. The mediation agreement of incidental civil public interest litigation reached in court will be announced to the public according to law, and a mediation letter will be issued separately after the expiration of the announcement period. Response to
the trial: The circuit trial vividly publicized the Yellow River Protection Law
. About 100 deputies to the National People's Congress, law enforcement officers of the Yellow River Bureau, journalists and people from all walks of life attended the trial.
Everyone said that the circuit trial made the trial a vivid classroom for publicizing the Yellow River Protection Law, created a strong atmosphere for the whole society to protect the Yellow River by the rule of law, and also showed the people the institutional advantages and reform results of the centralized jurisdiction of environmental resources cases in the Yellow River Basin by the courts of Henan Province.
"After attending the trial, I felt that the court's judgment was fair, that the defendant was not wronged, and that the defendant also pleaded guilty and obeyed the law.". Through the trial, I learned a lot of legal knowledge about the protection of the Yellow River. In the future, I will also publicize the law on the protection of the Yellow River, support the work of the court, and jointly protect the mother river. Li Liancheng, deputy to the National People's Congress, said in an interview. "The Yellow River Protection Law is the second basin-specific law in China after the Yangtze River Protection Law," Zhang Zongmin, president of the
Zhengzhou Railway Transport Court, said in an interview. Articles 69 and 119 of the Yellow River Protection Law clearly stipulate the prohibition of mining areas and periods, as well as environmental public interest litigation for damage to the environment and ecology of the Yellow River, which can be compensated by relevant organs or social organizations, thus sol ving some shortcomings and obstacles in our current system of environmental and ecological protection of the Yellow River, which is conducive to our better use of law. Let the law really grow teeth. Protect the river
according to law: "Henan Model" makes the protection of the Yellow River not just talk
, the Yellow River is peaceful, the world is peaceful! In recent years, Henan has comprehensively used criminal, civil and administrative legal means to construct an "18 + 1 + 1" environmental resources trial system covering the whole province's cross-administrative divisions, which is characterized by river basins and ecological function zones, and to form a "Henan model" of centralized jurisdiction of environmental capital cases in the Yellow River Basin. Since the
implementation of centralized jurisdiction, the courts of Zhengzhou Railway have accepted 2361 environmental and resource cases in the Yellow River Basin and concluded 2302 cases, with an average trial time of 32.35 days, 50 days less than 82.53 days before the implementation of centralized jurisdiction. The advantages of centralized jurisdiction system have been highlighted, and the ecological environment of the Yellow River Basin has continued to improve.
Relevant personnel said that in the next step, Henan will continue to deepen the reform of centralized jurisdiction of environmental resources cases in the whole province, improve the working mechanism, strengthen the cooperation of the establishment, trial, execution and visit links, and focus on the main business of environmental resources trial on the basis of "three trials in one", strengthening the trial force and strengthening the construction of professional capacity. Strictly implement the Yellow River Protection Law, realize the systematic management and integrated protection of mountains, rivers, forests, fields, lakes, grass and sand in Henan section of the Yellow River Basin, and polish the Henan business card of the Yellow River judicial protection; Strengthen the cooperation of procuratorial, public security and judicial administration, improve the cooperation mechanism of case jurisdiction, trial and execution, and comprehensively implement a series of measures such as the Yellow River Protection Law to promote the formation of a joint force of ecological protection and high-quality development in the Yellow River Basin, so as to make new and greater contributions to the modernization of harmonious coexistence between man and nature. The relevant person in charge of the Higher People's Court
of Henan Province told the reporter: "In terms of implementing the publicity work of the Yellow River Protection Law, the Henan Court will conduct in-depth publicity by means of circuit trials, case statements, cartoons, rule of law stories, micro-videos, micro-films and other popular ways to promote the Yellow River Protection Law to become a household name."
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