Title in original language
黄辉、陈等八人非法捕捞水产品刑事附带民事公益诉讼案
Original language

Chinese, Simplified

Country
China
Date of text
Status
Decided
Type of court
National - lower court
Court name
People’s Court of Yueyang County, Hunan Province
Seat of court
Yueyang County, Hunan Province, China
Reference number
[2021] Hunan 0621 Criminal First Trial No. 244
Justice(s)
Chen Yewen, Xiao Zhijun, Xu Dabing, Yao Shenghui, Huang Xiaobao, Liu Ling, Liu Gang
Abstract
Eight defendants repeatedly used prohibited electric grids and nets to illegally fish in protected waters of East Dongting Lake, a key Yangtze River ecological zone. Their actions caused significant ecological damage, reducing fish populations and affecting species reproduction in a protected reserve. The procuratorate filed both criminal charges and civil public-interest claims. The court organized mediation, requiring the defendants to carry out ecological restoration by releasing legally approved fry, paying appraisal fees, and issuing a public apology. After restoration completion, the court imposed prison terms or detention, fines, and confiscated illegal gains. The case affirms criminal-civil linkage for ecological protection and the use of supervised compensatory fish stocking as a remedy.
Key environmental legal questions
How can criminal prosecution be combined with civil public-interest litigation to address ecological damage? How do courts determine remedies for ecological loss in protected aquatic reserves? What standards govern compensatory fish stocking as ecological restoration? How should courts weigh confession, voluntary restoration, and cooperation when determining sentences in ecological crime cases?