Ten years ago, 79 mu of land was leased to others for illegal sand mining by the then Secretary of the village Party branch. Subsequently, in the name of building water conservancy projects, the secretary opened up another land for illegal sand mining, causing serious damage to 51.68 mu of agricultural land, resulting in the loss of ecological resources as high as 5.25 million yuan. Ten years later, the procuratorate of Jimo District, Qingdao City, Shandong Province, prosecuted Ding Mou, the former Secretary of the Party branch of the village, for illegal mining and incidental civil public interest litigation. In order to supervise the restoration of damaged cultivated land and supervise the local land supervision department to perform its duties, the case was promoted by the Jimo District Procuratorate of Qingdao City to the Qingdao City Procuratorate for examination and handling. On November 30,
2022, the Intermediate People's Court of Qingdao City sentenced the defendant Ding Mou to three years' imprisonment, five years' probation and a fine of 30,000 yuan for the crime of illegal mining; sentenced the defendant Zhang Mou to three years' imprisonment, three years' probation and a fine of 20,000 yuan; at the same time, the two defendants were sentenced to bear the responsibility of repair. On December 5, when the prosecutor paid a return visit, he learned that the damaged farmland had been fully repaired.
The village party secretary took the lead in destroying the land
. "The idle land in the village can't create RMB. You consider renting it to me. I'll give the village and the villagers a rental fee. Use your machinery and personnel to mine sand. You are engaged in engineering. You know how much money you can make in this way." In the early spring of 2013, at a gathering with the boss of Jiahui Company (pseudonym), Ding Mou, then Secretary of the Party branch of a village in Jimo District of Qingdao City, had the idea of using the land in the village to dig sand for profit. Driven by
interests, Ding signed a land lease agreement with Jiahui Company in the name of the villagers'committee without authorization, and used 79 mu of land in the east of the village for sand mining. Later, in the absence of a sand mining license, Ding provided personnel and machinery to mine sand in the plot for sale, with an excavation depth of more than 13 meters and a damaged area of about 3 to 4 football fields. At the same time, Ding Mou, who had tasted the sweetness, began to ponder over other land in the village. From 2014 to 2017, in the name of building a water conservancy project, Dingmou illegally mined sand on a land in the west of the village and sold it to the outside world, forming a small water reservoir due to the large excavation area.
This is a case of illegal mining destroying cultivated land resources. In January 2022, the land supervision department transferred the case to the public security organ. In March, Ding surrendered voluntarily, Zhang was captured and Yu was at large. The Qingdao Procuratorate promptly designated the backbone of its business to form a special class with the Jimo District Procuratorate of Qingdao City, which is responsible for the investigation, evidence collection and litigation related work. On September 26, the procuratorate of Jimo District of Qingdao City filed a public prosecution and incidental civil public interest litigation with the local court on suspicion of illegal mining by Ding Mou and Zhang Mou. After on-the-spot investigation by
the procurator, the cultivated land in the illegal mining area has been completely stripped, the planting conditions have been seriously damaged, and there is a risk of landslide in the vertical slope of the pit without any protective measures, which is easy to cause people to fall. How to repair cultivated land and eliminate potential safety hazards? How to urge the local land supervision department to fulfill the responsibility of land restoration supervision? It has become an urgent problem for prosecutors to solve.
In recent years, the land of many villages has been destroyed, especially in this case, a large area of cultivated land has been damaged, and a large amount of mineral resources have been illegally excavated, which has caused adverse effects in the local area and has not been repaired so far. This case can be handled by the municipal procuratorate, which can effectively solve the problem of ecological environment restoration through the connection of criminal and civil litigation, and guide the grass-roots courts to unify the examination and handling of such cases, and urge the local administrative organs to perform their duties of land supervision. The procurator of Qingdao Procuratorate has put forward the working idea of upgrading the case, which has been supported.
According to the "Opinions on Establishing a Multi-sectoral Linkage and Cooperation Mechanism for Criminal and Civil Public Interest Litigation of Eco-environmental Damage and Eco-environmental Restoration" signed by eight departments, such as the Qingdao Procuratorate and the Municipal Intermediate Court, the Qingdao Procuratorate timely docked the case with the Municipal Intermediate Court. The local land resources supervision department and public security organs jointly inspected the scene, and finally the two sides decided to upgrade the case. On October 14, after examination by the Qingdao Procuratorate, the public prosecution case and the criminal incidental civil public interest litigation case were prosecuted to the Qingdao Intermediate Court.
Illegal excavation forms a huge pit body overview
, "the vegetation layer of the two cultivated lands in the east and west of the village has been completely destroyed, and it is impossible to restore the original state by relying on the self-regulation ability of the ecosystem." On October 21, the technicians of Qingdao Procuratorate suggested that measures to restore the ecological environment should be started as soon as possible after inspecting the scene.
After consultation and liaison, the Qingdao Procuratorate entrusted two units, the Qingdao Institute of Marine Geology of the China Geological Survey and the Qingdao Institute of Geological Engineering Survey, to jointly inspect the site and formulate a plan for ecosystem restoration, which identified that illegal sand mining had caused serious damage to the ecological function of cultivated land, and that illegal sand mining had caused serious damage to the ecological function of cultivated land. Treatment measures such as site leveling, dregs slope continuation, planting soil backfilling and re-cultivation, and gentle slope greening can be adopted, with a total investment of 6.25 million yuan.
The Qingdao Procuratorate, in conjunction with the Municipal Intermediate Court, organized the Municipal Bureau of Natural Resources and Planning, the Municipal Bureau of Eco-environmental Protection, the Jimo District Bureau of Natural Resources and three experts in the field of cultivated land protection to conduct a professional review of the ecosystem restoration scheme, and finally formed the restoration opinions unanimously approved by the administrative organs and experts.
Dozens of acres of farmland have been reborn
. "Dozens of acres of farmland that have been destroyed have been barren these years. Ask the prosecutor to help restore them. We can continue to plant figs, the brand product of our village, on them." A villager reflected their needs to the prosecutor. Where will the
money come from? The procuratorate of Jimo District of Qingdao City conducted two remote trials of two defendant in custody, and explained to them the dual criminal and civil responsibilities for destroying cultivated land resources. Both of them expressed their willingness to assume the responsibility for restoration, and their families also expressed their willingness to pay the deposit for ecological environment restoration. But on the agreed day of payment, the family members suddenly went back on their word. They told the prosecutor about their doubts: "The illegal thing has been committed, and the person has been detained in prison for half a year. Whether the money for repair is paid or not does not have much impact. The court can judge as it should. If you keep the money, you can spend it out of prison."
The procurator found that the defendant's family members were afraid that the payment of the repair deposit would not mitigate the criminal treatment of the defendant, so they explained the law to him in time: "The voluntary payment of the ecological environment restoration deposit, to a certain extent, mitigates the harmful consequences of criminal acts, and can be considered as the circumstances of sentencing."; If they do not take the initiative to fulfill the responsibility of restoration, the procuratorial organ may request the court to transfer the execution, and the two defendant cannot escape their responsibilities.
On October 28, the family members of the two defendant paid a total of 7 million yuan in restoration and appraisal fees to the case account of the Jimo District Procuratorate of Qingdao City for temporary storage for subsequent ecological restoration.
On November 30, the Qingdao Intermediate Court rendered a judgment. After the judgment came into effect, the procuratorial organs followed up the follow-up restoration in time, and the procuratorate of Jimo District of Qingdao made a special report to the local Party Committee and government, urged the land resources supervision department of the jurisdiction to perform the special duties of monitoring, evaluating and accepting the restoration, followed up the whole process of the restoration, and suggested that cultivated land and resources protection be carried out. Strictly crack down on illegal destruction of resources.
In addition, the two levels of procuratorial organs in Qingdao will follow up the ecosystem functions after the restoration, make full use of the restored land, combine with regional characteristic agriculture, create a diversified agricultural model, and enhance the influence of high value-added characteristic agricultural products. At the same time, set up publicity boards around the restoration area to publicize the situation of the case and the effect of the restoration, eliminate the adverse social impact, and at the same time, do a good job of case discipline and case promotion.
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