What crime?, Over 2300 people involved in criminal maritime affairs | defendants | over 2300 people
June 8th is the 15th World Oceans Day and the 16th National Oceans Awareness Day. In recent years, with the increasing demand for sand in the construction market and the significant increase in sand and stone prices, some unscrupulous individuals have been driven by interests to engage in criminal activities related to illegal sand mining at sea, forming a black industry chain of mining, transportation, and sales. Sea sand is widely distributed in China and is an important marine mineral resource second only to oil and natural gas. Illegal exploitation of sea sand not only seriously damages the country's mineral resources, but also affects coastal zones and marine geological structures, damaging marine biodiversity. The chloride ion content of sea sand exceeds the standard, and its untreated use as a building material can bring safety hazards to the quality of construction projects, seriously threatening the safety of people's lives and property. It is reported that since 2019, the China Coast Guard has seized more than 2300 sand related cases, taken more than 2300 criminal coercive measures, imposed more than 900 administrative penalties, and seized more than 12 million tons of sea sand.
The press conference on "Legal Protection to Assist the Construction of a Maritime Power" held by the Supreme People's Procuratorate today released a typical case of illegal sand mining related crimes at sea, exploring alternative ecological environment restoration responsibilities through installment payment of carbon sinks and labor compensation.
In September 2019, Lin instructed Gao to illegally mine sea sand in the waters of Wanwu Town and Xiabaishi Town in Fu'an City, Fujian Province, without obtaining a sea area use right certificate and mining license. The sand was then transported to the Jinshatou construction site and Liudu wharf in Ningde, Fujian Province, and sold to others at prices ranging from 12.5 yuan to 18 yuan per cubic meter. Lin and Gao stole sea sand 17 times, totaling 11295.33 cubic meters, with a total sales value of 167659 yuan.
On January 11, 2021, the People's Court of Fu'an City made a first instance judgment, sentencing Lin to one year and three months imprisonment with a two-year probation and a fine of 20000 yuan for the crime of illegal mining; Gao was sentenced to ten months in prison, suspended for two years, and fined 15000 yuan.
In addition to criminal penalties, the Ningde City Procuratorate, after reviewing the criminal judgments of the illegal mining cases of Lin and Gao, believes that the two defendants may have illegally mined sea sand, which may have damaged marine natural resources and ecological environment, and damaged social public interests. It is necessary to file a separate civil public interest lawsuit against Lin and Gao.
On June 16, 2022, the Xiamen Maritime Court held a public hearing to hear this case. The Ningde City Procuratorate provides evidence and cross examination on the defendant's illegal behavior, damage consequences, causal relationships, and litigation requests through multimedia evidence, and arranges experts from the Island Research Center of the Ministry of Natural Resources to appear in court to express expert opinions on the value of marine ecological environment damage in this case, including marine ecological loss, coastal ecological loss, coastal tourism loss, and beach restoration cost. The court requests that the defendants Lin and Gao jointly compensate for the total ecological environment damage restoration cost of 680298.19 yuan. The two defendants have basically no objections to the illegal facts claimed by the procuratorial organs and the litigation claims made.
During the litigation process, taking into account the ecological restoration needs of this case, the financial status, expected income, and willingness to compensate of the two defendants, the Ningde City Procuratorate and the two defendants reached a mediation agreement under the auspices of the Xiamen Maritime Court: the two defendants jointly and severally compensate for the marine ecological environment damage restoration cost of 680298.19 yuan, of which 180000 yuan is to be fulfilled by the two defendants through voluntary subscription of marine carbon sinks over three years. In October each year, the Strait Resources and Environment Trading Center is required to subscribe for 60000 yuan of marine carbon sinks in a lump sum. Marine carbon sink, also known as "blue carbon", refers to the process, activity, and mechanism of utilizing ocean activities and marine organisms to absorb carbon dioxide from the atmosphere and fix and store it in the ocean. One of the most economical ways to achieve carbon neutrality is to purchase carbon sinks to offset ecological losses and achieve carbon balance to a certain extent.
The remaining compensation shall be fulfilled by the two defendants through public welfare labor compensation, and a performance agreement shall be signed to undertake the auxiliary work of marine environmental governance in the Ningde Sandu Ao area, including but not limited to marine garbage salvage, coastal maintenance, marine environmental protection publicity, etc. The term is set at three years. If the labor service is insufficient to offset the compensation after the expiration of the period, the defendant shall still be liable for compensation. At present, the two defendants are in the process of fulfilling the mediation agreement.
