Three people in Mangshi, Yunnan illegally dig river sand for circuit trial to protect green mountains and rivers

urban construction is getting faster and faster. Tall buildings rise from the ground, and all roads lead to the distance. Mangshi, the city of dawn in Yunnan Province, is becoming more and more beautiful nowadays. However, in order to make profits, some lawless elements illegally dig river sand for trading, causing pollution and damage to the environment.

Recently, the People's Court of Mangshi City has given full play to its judicial function, entered the key areas involving illegal mining of river sand, and opened a public hearing in Dawan Village Committee of Mangshi Town to hear the case of illegal mining crimes committed by defendant Xiao Mou, Zhang Mou and Xiang Mou. More than 70 people, including Dawan Village cadres and some villagers, staff of Mangshi Water Conservancy Bureau, some deputies to the National People's Congress and members of the CPPCC, attended the trial. According to the accusation of

the public prosecution organ, on September 30, 2015, the Water Conservancy Bureau of the Mangshi Municipal Government issued the announcement of the "Mangshi Dahe Sandstone Mining Prohibition Plan", and the whole section of the Mangshi Dahe Mangshi District was prohibited from mining river sand. Beginning in July 2021, defendant Xiao Mou-mou, Zhang Mou-mou and Xiang Mou-mou, in order to make profits, went to the Mangshi Dahe River above the Mukangxinqiao Power Station of Dawan Village Committee of Mangshi Town for illegal sand mining, which was serious and constituted the crime of illegal mining, and submitted to our hospital for sentencing the three defendant according to law, and the public prosecution organ also filed incidental civil public interest litigation. He asked the three defendant to compensate more than 80000 yuan for the damage to the ecological environment caused by the illegal excavation of river sand.

Because the case involves the interests of the masses and the public and belongs to an environmental and resource case with great social impact, the Mangshi Court formed a collegial panel of seven members to hear the case according to law, and specially invited a people's juror with expertise to participate in the trial. During the

trial, the prosecution and the defense fully expressed their opinions on the facts, evidence, application of law and sentencing recommendations of the case, and the trial process was open, transparent and orderly. After full investigation and hearing the arguments of the prosecution and the defense, the court handed down a judgment in court, sentencing three defendant to eight months'imprisonment, one year's probation and a fine of 2000 yuan for the crime of illegal mining. All three defendant pleaded guilty. With regard to civil compensation, the three defendant have compensated more than 80000 yuan for the loss of national mineral resources. On the scene of the

trial, the audience watched the court investigation, cross-examination of evidence, court debate and final statement in a "face-to-face" and "zero-distance" way, felt the solemnity and seriousness of the trial, realized the dignity and rigor of the law, and accepted a vivid and intuitive lesson on the practice of the rule of law. After the

trial, the undertaking officer, the police, the prosecutor and the staff of Mangshi Water Conservancy Bureau explained the Environmental Protection Law of the People's Republic of China and other laws and regulations to the audience in the light of the case and their respective functions. Some villagers said that by attending the hearing, they have further deepened their understanding of illegal sand mining and other related legal issues. In the future, they will cooperate with relevant departments to actively protect mineral resources and strive to build Mangshi into an ecologically civilized city with green mountains, beautiful waters, red flowers and green trees.

This circuit trial, through case interpretation, makes the case trial a vivid classroom of environmental protection law popularization, and enables the masses to enhance the ecological protection concept of "green water and green hills are Jinshan and Yinshan" in vivid cases, which has played a good warning and educational role and effectively deterred the frequent illegal sand mining activities in our city in recent years. It shows the people the confidence and determination of the Mangshi Court to protect the ecological environment with judicial power, and achieves the effect of "trying a case, educating a piece and warning one party". It has played an important guiding role in effectively protecting the ecological resources of our city, restoring the ecological environment and building a green mountain to protect one side.

In recent years, Mangshi Court has been insisting on promoting the high-quality development of the ecological environment through judicial trials, and will continue to perform its judicial duties of protecting environmental resources and biodiversity, building a strong ecological security barrier, and protecting the green mountains and rivers of the motherland!