The case of Zhang Xqiang illegally making firearms and illegally hunting animals
The case of Zhang Xqiang illegally making firearms and illegally hunting animals
[Case Summary]
In 2017, Zhang Xqiang, the defendant, purchased in a hardware store in Haikou, Hainan Province, one nail gun, one gun barrel, pellets and nail gun cartridges, and assembled one gun-like device with his own tools, which was verified as a gun that fires projectiles by gunpowder. On March 21, 2022, Zhang Xqiang, without permit from the wildlife administration, nor hunting license or firearms license, entered without authorization to hunt in the jurisdiction of Hongshui ranger post of Mt. Bawangling station, the National Park of Hainan Tropical Rainforest Administration, shot in the no-hunting area with his gun three red-bellied tree squirrels, one Asian palm civet and one Chinese ferret-badger, and caught thirty large odorous frogs by dazzling them with the glare of his headlight. The next day, on his way out of the mountains, Zhang Xqiang was stopped by the police. Upon investigation, the Asian palm civet is a national second-class protected wild animal, the Chinese ferret-badger and red-bellied tree squirrels are both in the List of Terrestrial Wild Animals of Important Ecological, Scientific and Social Value and the odorous frogs turn out to be a terrestrial wild animal under priority conservation in Hainan Province. The Second Branch of Hainan People’s Procuratorate then brought a public prosecution against Zhang Xqiang for the crime of illegally making firearms and illegally hunting animals.
[Verdict]
The Second Intermediate People’s Court of Hainan Province (Hainan Second Intermediate People’s Court)held that Zhang Xqiang committed the crimes of illegally making firearms and illegally hunting animals and should be punished for the offenses in a combined manner; for Zhang Xqiang, who was a villager living within the territory of the national park and having just been lifted out of poverty, it takes time to change the traditional local ways of life and production and embark on a road to green development and livelihood betterment; Zhang Xqiang was the principal labor of his family, and his custody does not comply with the principle of necessity of the criminal law and may draw his family back into poverty; and the authority of law lies in the inevitability of the penalty, not in its harshness, and tough punishment is unnecessary unless mild punishment may not serve its purpose. As the case was a first offense, Zhang Xqiang confessed his crime truthfully, pleaded guilty, accepted his punishment and repented of his doings, and his community was willing to help with his correction, and the announcement of a reprieve should not have major adverse impact to the neighborhood, the court thus decided that Zhang Xqiang be punished for both crimes combined and sentenced to three years in prison with a five-year reprieve, and his tools used in the crimes forfeited. Upon announcement of the judgement, neither party appealed against or protested it, and the judgement of the first instance has taken effect.
[Significance]
In April 2022, General Secretary Xi Jinping pointed out during his investigation in Hainan that the national park of tropical rainforest is a national treasure that serves as water reservoir, grain depot, money bank and carbon pool, and demanded strict protection of the rainforest to realize the unification of ecological conservation, green development and livelihood betterment. During the construction of the National Park of Hainan Tropical Rainforest, efforts have been heaped up on the protection of the environment and resources. It occurs from time to time, however, that the villagers living near the national park made harmful use of the tropical rainforest and the biodiversity resources. In this case, the defendant violated hunting rules, hunted wild animals that are of considerable value in no-hunting areas with modified firearms and other tools , and should be punished by the criminal law. Nevertheless, considering his personal situation, the people’s court granted the defendant the opportunity to correct himself and applied reprieve upon him, which should prevent his family from falling back into poverty due to his imprisonment. This move shows the judicial concerns for the people’s livelihood, combines punishment with prevention of crimes and maintains a sound balance between environmental protection and the people’s livelihood.
