On May 11, Fu Jian, director of Henan Zejin Law Firm, posted a video on social media saying that Yan, the client in the Henan university student’s bird nest removal case that he represented and was sentenced to ten and a half years in appeal, was about to be released from prison and hoped that he would be released from prison soon. Reunite with your family soon.

As the case of college students digging out bird's nests has been widely concerned, relevant information has become a hot search on the Internet. Some netizens still left messages complaining about his injustice, thinking that the sentence was harsh. What is the truth?

Taniao was sentenced to ten and a half years and aroused widespread concern

According to media reports, in July 2014, Yan Xiaotian, a freshman at Zhengzhou Vocational and Technical College in Henan, and his friend Wang Yajun from the same hometown, were in Henan. Tulou Village, Gaozhuang Township, Huixian City, Xinxiang City, bought two nests of 16 chicks and sold them to bird buyers in Zhengzhou, Luoyang and Huixian City respectively. After identification, the 16 birds were all falcons, national second-level protected animals. Yan Xiaotian was sentenced to 10 years and 6 months in prison.

Yan Xiaotian (Source: Xinmin Weekly)

This case has attracted widespread attention in the society and is known as the "college student bird removal case". After combing through the first-instance judgment, we found that the defense focused on three things: "What is the number of birds?" "Do you know it is a second-level protected animal?" "The identification of a second-level protected animal is based on only two pictures."

According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Wildlife Resources" that was implemented on December 11, 2000, specific sentencing standards are stipulated. If the circumstances are serious or particularly serious, the two most important criteria are quantity and value and illegal gains. The value of the Yan Falcon involved in the case was not discussed in court, and the illegal profits were minimal. Therefore, the determination of the number of falcons hunted is the biggest variable in sentencing in this case. According to reports, Yan Falcon is a national second-level protected animal. In serious cases, there are only 6 birds, and in particularly serious cases, there are more than 10 birds.

Part of the seized Yan Falcon (source: Xinmin Weekly)

The court of first instance held that Yan Xiaotian and Wang Yajun The two confessed to the investigative agency that they took out 16 pieces. The subsequent chat records and mobile phone messages left during the sale proved that he was "knowingly".

The verdict of this case caused a lot of controversy. Many people believed that the court’s sentencing was too harsh. They believed that “for such crimes, we cannot blindly focus on severe physical punishment, but should focus on increasing fines, Confiscate property and other property penalties, and use these properties for the restoration of animal rights and interests." Some people believe that this is a vivid "legal education lesson" that warns potential poachers and enhances the public's awareness of wildlife protection.

Bai Yansong: The hot public opinion stems from "three unknowns"

The famous CCTV host Bai Yansong also expressed his views on this. He believes that the hot public opinion caused by this matter stems from "Three unknowns": First, people think that college students do not know that the falcon is a nationally protected animal and the legal consequences of digging out bird's nests; second, many people do not know the sentencing standards of relevant legal provisions; third, relevant personnel from the Public Security Bureau and the Procuratorate I didn't know that the sentencing would cause such a big public reaction, so I couldn't give a clear explanation in advance.

Illustration of bird poaching case (source: CCTV News)

Bai Yansong believes that bird hunting is not a very harmful thing in the eyes of many people, and many people do not understand it. Birds are protected by law, so there are many examples of people breaking the law due to ignorance. Yet ignorance does not excuse a crime. The significance of this case is to remind the public that digging out the nests of rare and endangered wild animals is a serious crime.

Bai Yansong said that 10 and a half years is enough for a young man. From a bird's perspective, this verdict may be an important change in destiny.

The protection rate of national key wild animals and plants has reached 74%

From 2014 to 2023, nearly ten years have passed. During this period, Yan Xiaotian’s father, Yan Aimin, has been refusing to accept the verdict. Complain to relevant departments. The two bird buyers involved in this case have long been released from prison. The father of one of the parties has declined media interviews many times, saying that it doesn't matter whether there are 4 or 7 falcons. His son has been released from prison, and living a normal life is the most important thing.

Now, Yan Xiaotian is about to be released from prison. Life will eventually move forward and turn a new page.

Or as Bai Yansong said, for individuals involved in criminal cases of protected wild animals and plants, one sentence will affect their lives, but for protected wild animals and plants, laws must be followed, and violations of the law must be followed. After all, it is their gospel.

Wild animals are protected by law (Source: China Wildlife Conservation Association WeChat official account)

March 3, 2023 is the 10th "World Wildlife Day" , according to reports, our country is one of the countries with the richest species of wild animals and plants in the world. Since the 18th National Congress of the Communist Party of China, my country has continued to strengthen the rescue and protection of rare and endangered wild animals and plants and their habitats. A large number of rare and endangered wild animal and plant populations have achieved restorative growth. The protection rate of national key wild animals and plants has reached 74%, and biodiversity has become richer. .

Everyone is responsible for species protection (Source: People's Daily Online)

Data show that as of the end of 2020, the wild population of giant pandas has increased from 1,114 in the 1970s and 1980s. By 1864, the crested ibis had grown from only 7 when it was discovered in 1981 to a total of more than 4,000 in the wild and artificially bred populations. The wild population of Asian elephants had increased from about 180 in 1985 to 293, and the wild population of Tibetan antelopes had recovered to 30. More than 10,000 endangered wild horses and elk have re-established wild populations. At the same time, the collection and preservation of germplasm resources of rare wild plants such as cycads, palms, and key orchids and magnolias native to my country has been basically completed.

The 2020 Judicial Interpretation was announced, requiring a comprehensive assessment of the social harm and appropriate handling

The sentence of Tao Niao was ten and a half years, which made many people feel that the sentence was too harsh. Similar to arousing public opinionIn terms of attention, there are also farmers who were sentenced for digging three orchids (later acquitted), farmers who were sentenced for killing wild boars, etc., which made people complain that humans are worse than animals and plants. Some netizens said that corrupt officials and human traffickers are not the same. Such a severe sentence.

Screenshot of the content of the "Guiding Opinions on Punishing the Crime of Illegal Wildlife Trading in accordance with the Law" (Source: Supreme People's Court)

On December 18, 2020, the Supreme People's Court and the Supreme People's Court The Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued the "Guiding Opinions on Punishing the Crime of Illegal Wildlife Trading in accordance with the Law", which clearly states: When determining whether the behavior specified in these Opinions constitutes a crime and determining the penalty, whether the animals involved in the case are artificial shall be considered. Breeding, endangerment level of species, survival status in the wild, artificial breeding status, whether included in the list of artificially bred national key protected wild animals formulated by the wildlife protection department of the State Council, as well as behavioral methods, degree of damage to wildlife resources, consumption of wild animals involved in the case The degree of harm animals cause to human health and other circumstances shall be comprehensively assessed to ensure that the crime and punishment are appropriate.

The opinion also pointed out: If the relevant standards for conviction and sentencing are obviously inappropriate, they can be appropriately dealt with in accordance with the law based on the facts, circumstances and degree of social harm of the case.

In the past ten years, the judiciary has been able to better protect social fairness and justice.

(Jimu News integrates China Youth Network, Xinmin Weekly, CCTV News Client, Guangming.com, National Forestry and Grassland Administration Government Website, Supreme People’s Court Account, and Lawyer Fu Jian’s Personal Account)

< p>(Source: Jimu News)