People's Procuratorate of Yueyanglou District, Yueyang City, Hunan Province vs. He Jianqiang et al. Country/Territory China Type of court National - lower court Date Mar 2, 2016 Source UNEP, InforMEA Court name People’s Court of Yueyanglou District Seat of court Yueyang, Hunan Judge Xiao BingfengLi LinWen Jianshe Reference number Lou Xing Yi Chu Zi No. 291 (Judgement in a Criminal and Incidental Civil Action) Subject Legal questions, Wild species & ecosystems Keyword Hazardous substances Basic legislation Marine pollution Marine protected areas Sub-national agreement Dispute settlement Framework law Migratory species Liability/compensation Abstract The defendants engaged in a scheme to collect and sell endangered migratory birds by poisoning the water in a nature reserve and collecting the resulting dead birds in the following days. Four defendants were found guilty of the crime of illegal killing of rare and endangered wildlife, while three accessory offenders were found guilty of a lesser crime of illegal hunting. All seven defendants were also found jointly liable in an incidental civil action by the Yueyang Municipal Forestry Bureau for losses of national wildlife resources. Environmental Legal Questions:Can the defendants be found civilly liable for the criminal offense of killing migratory birds: The defendants raised no objections to the civil claims, which arise out of losses to national wildlife resources. They are liable.How are damages determined in the case of losses of national wildlife resources: Damages are determined by reference to fee regulations related to protected wildlife issued by the Ministry of Forestry, Ministry of Finance and National Price Bureau.What form of liability do the defendants face: The defendants are jointly liable for the total damages, apportioned according to the specific role of each in the crime. Certain defendants are also jointly liable for the portion allotted to another defendant convicted in abstentia. Full text People's Procuratorate of Yueyanglou District, Yueyang City, Hunan Province v. He Jianqiang et al..pdf content