Poor couples who kill birds cannot afford compensation for 1800 hours of work

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 Poor couples who kill birds cannot afford compensation for 1800 hours of work


Recently, the Shanghai Railway Transport Procuratorate held a pre-litigation consultation on a criminal case involving illegal hunting and destruction of ecological resources with civil public interest litigation. Chen Mou, the compensatory obligor, signed a compensation agreement with the representative of the peoples government of Gangyan Town, Chongming District, Shanghai, who is the compensatory obligor, and promised to participate in the ecological conservation work of patrolling and dismantling bird nets, forestry maintenance and river cleaning in two years. And public welfare publicity activities, service time totals 1800 hours. It is the first innovation attempt of Shanghai Railway Procuratorate to sign economic compensation and labor compensation agreement before criminal incidental civil public interest litigation to promote the effective recovery of damaged ecological resources and relieve social and public interests.

Chen Mou, a mason, and Shen Mou, a housekeeper, are Chongming locals and live in poverty. From July to August 2018, Shen Mou and Chen Mou jointly went to several farmlands in Gangyan Town and Baozhen Town, Chongming District, and killed 1673 wild birds on the Three You protection list of countries such as Pearl-necked Turtledove, Mountain Turtledove and Magpie by spraying wheat flour mixed with toxic drugs. Sampling identification showed that the stomach of the killed bird contained carbofuran. By inquiring Shen Mou and Chen Mou, collecting relevant material evidence, organizing expert discussion, entrusting appraisal and communicating with local government, Shanghai Railway Procuratorate has determined that Shen Mou and Chen Mous illegal killing of wild birds has resulted in the damage of ecological resources and social and public interests, and the causal relationship between their tort and damage consequences is clear.

On November 15, 2018, the Shanghai Railway Inspection Institute held an expert seminar on the ecological resources restoration plan of the case, inviting experts and personnel from Shanghai Wildlife Identification Center, Shanghai Railway Court, Municipal Forestry Bureau Wildlife Protection Office, Municipal Wildlife Protection Station and Chongming District to participate in the seminar. Experts believe that it is difficult to quantify directly the ecological environment impacts caused by the capture of 1673 wild birds and the loss of service function during the period of ecological resources. There is still a lack of scientific methods to assess the loss of service function during the period of ecological resources. Therefore, the experts affirmed that Shanghai Railway Procuratorate actively explored the diversified dispute settlement mode and sought alternative remediation scheme. At the same time, experts believe that the damaged ecological resources in this case can be based on the baseline value of wildlife identified in the National Forestry Administrations Evaluation Method of Wildlife Products Value as a certain reference basis to formulate relevant alternative restoration programs.

According to the preliminary investigation of Shanghai Railway Inspection Institute, Shen Mou and Chen Mous family are in a difficult situation. Their economic compensation capacity is about RMB 30,000 yuan, but they have the ability to work and the basis and willingness to compensate through labor. On this basis, in accordance with the relevant spirit of the Reform Plan of the Compensation System for Eco-environmental Damage, the court consulted the government of Port-side Town of Chongming District, the right holder of compensation, and the government of Port-side Town of Chongming District was willing to carry out pre-litigation consultation and initially worked out an alternative rehabilitation consultation scheme combining economic compensation with labor compensation. Shen Mou and Chen Mou, the compensatory obligors, were also consulted, and they agreed to negotiate. According to the compensation agreement, Shen Mou and Chen Mou jointly and severally compensated RMB 30,000 yuan for the revegetation of public welfare forests in Chongming District, purchased the types and quantities of vegetation greening approved by the port-side town of Chongming District, and the specific planting and maintenance work was undertaken by the port-side town of Chongming District; Shen Mou and Chen Mou participated in the ecological maintenance work of bird-breaking network, forestry maintenance and river cleaning more than three times a week. Each activity lasts no less than 3 hours, with a total of 1 800 hours. The service period of the two persons is two years. The specific arrangement is organized by the government of Gangyan Township in Chongming District and the village committee of Lujie Village. Shen and Chen participate in public welfare propaganda activities according to the arrangement of the village committee of Lujie, including posting propaganda slogans, issuing propaganda brochures and volunteer propaganda explanations. The limit is 2 years. Source: ShangGuan News Responsible Editor: Han Jiapeng_NN9841

According to the preliminary investigation of Shanghai Railway Inspection Institute, Shen Mou and Chen Mous family are in a difficult situation. Their economic compensation capacity is about RMB 30,000 yuan, but they have the ability to work and the basis and willingness to compensate through labor. On this basis, in accordance with the relevant spirit of the Reform Plan of the Compensation System for Eco-environmental Damage, the court consulted the government of Port-side Town of Chongming District, the right holder of compensation, and the government of Port-side Town of Chongming District was willing to carry out pre-litigation consultation and initially worked out an alternative rehabilitation consultation scheme combining economic compensation with labor compensation. Shen Mou and Chen Mou, the compensatory obligors, were also consulted, and they agreed to negotiate.

According to the compensation agreement, Shen Mou and Chen Mou jointly and severally compensated RMB 30,000 yuan for the revegetation of public welfare forests in Chongming District, purchased the types and quantities of vegetation greening approved by the port-side town of Chongming District, and the specific planting and maintenance work was undertaken by the port-side town of Chongming District; Shen Mou and Chen Mou participated in the ecological maintenance work of bird-breaking network, forestry maintenance and river cleaning more than three times a week. Each activity lasts no less than 3 hours, with a total of 1 800 hours. The service period of the two persons is two years. The specific arrangement is organized by the government of Gangyan Township in Chongming District and the village committee of Lujie Village. Shen and Chen participate in public welfare propaganda activities according to the arrangement of the village committee of Lujie, including posting propaganda slogans, issuing propaganda brochures and volunteer propaganda explanations. The limit is 2 years.