Cut off the “industrial chain” of sea sand mining!


China is a big maritime country with a vast sea area and numerous Marine mineral resources, one of which is called sea sand.Sea sand has many uses, among which the most important use is as raw materials for engineering construction, and the exploitation and utilization of sea sand requires special permission from relevant departments.However, in recent years, sand mining in the inland waters of the Yangtze River is prohibited and restricted, so some criminals will throw themselves into the field of sand mining and obtain huge profits. However, if the sand mining is directly used without treatment, the strength of concrete will be greatly reduced, and concrete will peel off, fracture, and even the ceiling will fall.In addition, the sea sand also has a strong moisture absorption capacity, in a humid environment, the construction and decoration of the sea sand will be endless trouble.Basic facts in the face of illegal mining sea sand infringement problems emerge in endlessly, Shanghai railway transport procuratorates (hereinafter referred to as the “Shanghai TieJian court”) positive performance of the procuratorial functions as public interest litigation, to deal with the first batch of illegal mining of criminal incidental civil public interest lawsuit, protect the sea sand mineral resources, protection of people’s living environment.Lin is a sand ship owner, responsible for the purchase of ships, contact buy sand and sell sand channel, Ma is the captain, responsible for driving the ship, on-site command of the sea sand and other specific affairs.During February 2020 to May, Lin instigated Ma and others, driving ships to Fujian Minjiang Estuary sea areas connected with sea sand a total of ten times, and shipped to a place in Jiangsu sales of sea sand a total of more than 93,000 tons, in May the same year, was seized by the Shanghai Coast police department, Lin and other per capita no relevant sea sand mining license.How to determine the scope of the subject of infringement?Because the previous sand mining party in the case did not come to the case, Lin and others argued that they were only carrying sand, not the actual sand mining, should not bear the corresponding civil tort liability.Shanghai Iron Inspection Institute through the investigation and inquiry, to determine the existence of Lin and sand mining party in advance, including the advance to determine the sand mining coordinates, price, quantity, etc.;But in the sand mining site, the sand transport ship and the sand mining ship is mutual operation, mutual cooperation;Lin et al actually participated in the whole process of upstream sand mining and downstream sand selling, which should be identified as the integrated mode of mining and transportation, so as to investigate the joint tort liability of the owner and captain of the sand carrier.How can Marine ecological damage be quantified?Prosecutors immediately visited the academy of Forensic science, and communicated with experts to clarify the direction of the case.As the sea area involved is located at the mouth of Minjiang River in Fujian Province, fujian Provincial Department of Natural Resources and Fujian Provincial Bureau of Ocean and Fisheries have successively transferred the functional zoning and Marine Environmental Impact Report of the sea area to determine the sand mining depth, the sand mining influence range and the monitoring data of biological resources in the sea area.Finally, the damage of Marine ecological resources and ecosystem services caused by sand mining was quantified by the appraisal agency.In the end, Shanghai Iron And Steel Inspection Court sued the two defendants for more than 670,000 yuan of joint compensation for Marine ecological damage and appraisal fees, and made a public apology.The court upheld all the claims and the compensation was fully executed.This case is the first batch of illegal mining criminal incidental civil public interest litigation cases handled by the procuratorial organ of this city.Because of waters is offshore fishing area, exploiting sea sand will not only increase the sea sediment concentration of suspended solids, to improve the water turbidity, damage of benthic and plankton resources, at the same time the biological resources and meet the regulation of oxygen and fishing farming and other service functions, Shanghai TieJian courtyard and appraisal institution, overcome the difficulty ofThe damage to Marine ecology caused by sand mining in this kind of cases was highlighted, and a reproducible model was established for the identification of Marine ecological damage in similar cases in Shanghai.02 In recent years, the coast police departments around the crackdown on piracy of sand mining crimes, but the crime in this field is still not banned, in the final analysis, the huge profits behind sand mining spawned the black production chain of sea sand.Sand transport ship from Fujian sea to buy only 8-10 yuan a ton of sand, finally arrived in Jiangsu coastal market can be sold to the highest 130 more than a ton, and Lin is also because of such a windfall to attract, do not mind borrowing tens of millions of dollars to buy a ship engaged in sand trafficking.Another significance of this case lies in the fact that by carrying out incidental civil public interest litigation on such cases, the sand transport parties are held jointly liable for tort, so as to achieve a double blow of criminal and civil, so as to truly cut the interest chain of sea sand mining, transportation and marketing.Source | Shanghai railway transport procuratorates

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