Criminal incidental civil lawsuit

Plaintiff: Zhou Guoxiong, male, 47 years old, farming, address: Bei Dun Zhen Shu Hua Cun, Heping County, the Tang village group, contact Tel: 13690941829.

Plaintiff: week Mujin, male, 57 years old, farming, address: ibid.

Plaintiff: Forest Qiyu, male, 60 years old, farming, address: ibid.

Plaintiff: Ling Yuwu, female, 70 years old, farming, address: Heping County Bei Dun Zhen Shu Hua Cun Hu Ling villagers group, contact Tel: 13690942876.

Plaintiff: Lin Deci, male, 72 years old, farming, address: ibid.

Plaintiff: Lin Jiali, male, 63 years old, farming, address: Heping County Bei Dun Zhen Shu Hua Cun Li Bei Village group,.

Defendant: peaceful county Bei Dun Zhen Shu Hua Cun Wei Hui

    Legal representative: Zhou Xianguo, male, director.

Defendant: Week Cabrera, female, adult, farming, address: Heping County Bei Dun Zhen Shu Hua Cun Zhong Pian group of villagers.

Defendant: Zhou Muping, female, adult, farming, address: ibid.

Defendant: Zhu Xiuru, female, adult, farming, address: ibid.

The claim:

   1, sentenced to the defendant in Heping County Bei Dun Zhen Shu Hua Cun Wei Hui fines and directly responsible person Zhou Xianguo to three years in prison.

2, sentenced to the defendant, Zhou Muping, Zhu Xiuru, Zhou Xiaoka to three years in prison.

3, ordered the defendant must compensate the plaintiff forest loss 301200 yuan, jointly and severally the responsibility to advance the accused.

The facts and reasons:

Is located in Heping County around Bei Dun Zhen Shu Hua reservoir of the mountains, is the plaintiff's retention Hill (six copies of "hilly" witness certificate), the average forest area of about 80 hectares, a total of 480 acres. The mountain forest is forest, forest is an important part of the income, the cost of living.

In May 31, 2010, the forest fire prevention command "peaceful county office on Bei Dun Shu Hua Cun, 2008 1 month 1 days the fire loss" was informed that the answer: eleven thirty on January 1, 2008, Bei Dun Zhen Shu Hua Cun, Heping County (Shu Hua reservoir) fires, the county, the town leadership attaches great importance to, dear Lin field suppression. In the joint efforts of everyone, to fight in January 2nd 11. In January 2nd, the forest bureau of peaceful county forestry bureau and technical personnel on-site supervision and peaceful county public security bureau of investigation, the reason for this hill fires are burning grass, the Zhu Xiuru, Zhou Xiaoka, Zhou Muping three women, burned area of 96.6 hectares. The other peaceful county forestry bureau in the "reply" public mailbox:"Find out the case for and Shu Hua reservoir reinforcement project, the village will hire local villagers to clear weeds dam construction process, Burning Weeds cause forest fire."

According to the "Regulations of the State Forestry Administration, the Ministry of public security on forest and animal criminal jurisdiction and filing standards": " burned forest land area of 50 hectares or more, or the death of 2 people or more, especially major cases." In addition, the high court is combined with the provisions of the actual situation in the province, such as the development of the Jiangxi Provincial Higher People's court, people's Procuratorate and the provincial public security department in February 1, 2007 from the implementation of the "on the handling of fire and fire liability accident cases several provisions" provides that: "(a) causing fire by negligence, with one of the following circumstances in the second paragraph, the provisions of criminal law in 115th, three years more than seven years in prison: 5, burned forest area is 50 hectares or protection forest, special use forest 10 hectare above." According to the "national forestry bureau, the Ministry of public security on forest and animal criminal jurisdiction and filing standards" and "for fire and fire liability accident cases several provisions", the fires burned area of 96.6 hectares, is particularly important cases, the perpetrators should be three to seven years in prison.
   The plaintiff to the peaceful county public security bureau to apply for processing, Heyuan City Public Security Bureau, Guangdong Province review department review, the defendant Zhou Xiaoka three people at the same time in the haystack of ignition, fire points more, the directly responsible person can not be found negligent caused fires, not to investigate their criminal responsibility.

According to the "criminal procedural law" the regulation of the people's Republic of China of 170th the third item of the first paragraph: "cases of private prosecution include the following: (three) the victim has evidence to prove that the infringement of their personal, property rights of the defendant's conduct should be investigated for criminal responsibility according to the law, and the public security organ or the people's Procuratorate shall not be subject to criminal responsibility of the accused the case." The plaintiff prosecution according to: 1, Guangdong Provincial Public Security Department of Guangdong public groups of complex [2011] No. 138 "review petitions reply opinions", can prove that the defendant shall not be investigated for criminal responsibility; 2, "a Bei Dun Shu Hua Cun, 2008 1 month 1 days the fire loss reply" and peaceful county forestry bureau in the mailbox "reply", can prove that the defendant Fire Mountain of evidence. In accordance with "the provisions of the criminal procedure law of the people's Republic of China" third item of the first paragraph of article 170th. According to the "PRC Criminal Law" provisions of article thirty-first: "a crime committed by a unit, the unit is to be fined, and the persons directly in charge and other directly responsible personnel penalty. The provisions of this Law and other laws provide otherwise, in accordance with the provisions." The defendant peaceful county Bei Dun Zhen Shu Hua Cun Wei Hui will be sentenced to a fine and directly responsible person Zhou Xianguo to three years in prison.

The plaintiff by the defendant forest fire burnt down, an average of 80 acres. Because after so many years, the site has been destroyed, not assess the value of the original forest, the plaintiff claims in accordance with the "implementation of Heyuan urban land management approach" (No. 112 [2005] the River Palace) schedule 1: "Heyuan city land acquisition compensation uniform standards", forest crop compensation 640 yuan per mu, the defendant must compensate the plaintiff the forest loss 480 yuan x 640 yuan / mu =301200 yuan.

In summary, the plaintiff by the defendant forest fire burnt down, an average of 80 acres, the public security organ shall not be prosecuted defendant and the plaintiff had enough evidence to prove that the defendant of the crime, in accordance with "the people's Republic of China Criminal Procedure Law" article 170th paragraph third, "the people's Republic of China" and the criminal law the provisions of article thirty-first. Special to the peaceful county people's Court of criminal incidental civil action for peace, county people's court sentenced the defendant peaceful county Bei Dun Zhen Shu Hua Cun Wei Hui fines and directly responsible person Zhou Xianguo to three years in prison and sentenced the accused; Zhu Xiuru, Zhou Xiaoka, Zhou Muping to three years in prison; decree the defendant must compensate the plaintiff the forest loss of 301200 element, jointly and severally the responsibility to advance the accused. In order to maintain the dignity of law, protect the plaintiff's legal rights and interests are not infringed upon.

This

A: peaceful county people's court

Prosecutor: Lin Qihai

March 19, 2012