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Law

Illegal collection of cordyceps sinensis

2023-02-10   

Recently, the Urumqi Railway Transport Court heard a case of endangering the national key protected plants, and sentenced Urumqi to one year and six months' imprisonment and a fine for the crime of endangering the national key protected plants. From July 4 to 6, 2021, Wu Mou, a villager of Burjin County, Xinjiang Uygur Autonomous Region, went to Katenkel area of Kanas Village alone to collect and dig Cordyceps sinensis, a national key protected plant, without authorization, and was seized by Altai Mountain Branch of Xinjiang Uygur Autonomous Region Forest Public Security Bureau. After the case was filed for investigation, Urumqi was transferred to the Urumqi Railway Transport Procuratorate for examination and prosecution. After hearing the case, the Urumqi Railway Transport Court held that for the purpose of profit, the Urumqi government arbitrarily collected 646 cordyceps sinensis (weighing 0.25 kg) without the approval of the forestry and grassland departments and the handling of wild plant collection certificates. After identification, the Cordyceps sinensis involved in the case is a national second-class key protected wild plant, and the price is 3020 yuan after identification by the price department. The behavior of Mr. Wu has caused damage to the plants under national key protection, which constitutes a crime of endangering the plants under national key protection, and he shall be investigated for criminal responsibility. In view of Wu Mou's truthful confession of the suspected criminal facts, after the incident, he signed an ecological repair agreement with the Burqin Branch of the Altai Mountain State-owned Forest Administration, and voluntarily pleaded guilty to punishment, and could be given a lighter punishment. The court recently handed down a sentence of imprisonment for one year and six months, suspended for two years and fined 3000 yuan for the crime of endangering the key protected plants of the state. The judgment has come into force. ■ The judge's statement ■ Article 344 of China's Criminal Law stipulates that: "Whoever, in violation of State regulations, illegally cuts or destroys precious trees or other plants under special state protection, or illegally purchases, transports, processes or sells precious trees or other plants under special state protection and their products, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined." Cordyceps sinensis is a national second-class key protected wild plant, which has very high requirements for the environment. It usually lives on the grass slope near the snow line above the alpine grassland shrub belt. It is a unique Chinese medicine in China, and is listed as three major supplements alongside ginseng and velvet antler. The harvesting season of Cordyceps sinensis is the growing period of recovery of all things in the plateau grassland. The excavation of Cordyceps sinensis not only causes damage to the wild plants under the national key protection, but also makes it difficult to restore the ecological environment of the deep pits left by the excavation, which will cause certain damage to the fragile ecological environment. Here, no one can destroy wild plant resources for personal gain, or they will be severely punished by law. (Xinhua News Agency)

Edit:Ying Ying Responsible editor:Jia Jia

Source:rmfyb.chinacourt.org

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