An example of life equality between animals and people?
2002-05- 14? 08:06:36?
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The takin that hurt two lives was killed?
Southern Network News? Tearful questioning? Who's life is more important, animals or people?
Wild animals are protected by national laws, and human life is sacred and inviolable. However, when wild animals conflict with human life, how should we choose? ?
The People's Court of Yangxian County, Shaanxi Province recently tried a dispute case caused by antelope wounding. In mid-April, when the reporter went to Yangxian for an interview, the plaintiff, the defendant and the court all complained bitterly. ?
Liu Jianlin, the son of the deceased, said sadly, "Is human life really less precious than animals? We are not for money, but for justice! " ?
Liu, the president of Yangxian Civil Court and the presiding judge of this case, said: "We are also very helpless! No one can figure out who did this case. However, the general principles of civil law are not applicable to this case, exposing loopholes in legislation. The law protects people's lives and property. Two people were killed by animals, but there is no basis for compensation. " ?
Ma Shuangqiao, deputy director of Yangxian Forestry Bureau, told reporters: In recent years, incidents of wounding by wild animals have occurred from time to time. In 2000, there were three incidents of takin wounding, resulting in four deaths and nine serious injuries. 200 1, two incidents, three serious injuries. There is no legal basis for compensation for such incidents. The Law on the Protection of Wild Animals stipulates that "if crops or other losses are caused by the protection of national and local key protected wild animals, the local government shall compensate them. The compensation measures are formulated by the governments of provinces, autonomous regions and municipalities directly under the Central Government, while the Shaanxi provincial government has not formulated relevant compensation measures. So it is difficult to operate. ?
During the interview, the reporter heard the most comments from the masses that the death of Mr. and Mrs. Liu Yongchang could have been saved. The laws to protect wild animals are not perfect. It unilaterally requires people to protect wild animals. When wild animals invade people's lives, we should give priority to protecting people. However, in the case of very tight time, it is not always required to report to the State Forestry Administration for approval, otherwise it will delay the opportunity. Grass-roots forestry departments should be given the right to deal with emergencies under special circumstances. In any case, it is a simple truth that human life is the most precious. When people endanger the lives of others, they can take emergency measures to defend themselves, let alone animals. ! ?
Life and death speed? Two lives hung on the antelope horn.
Yangxian County, Shaanxi Province is located at the southern foot of Qinling Mountains, with dense forests and suitable climate. A variety of wild animals have taken a fancy to this treasure trove of geomantic omen and live and work in peace and contentment here. Among them, rare animals such as giant panda, golden monkey and takin are all national first-class protected animals. Yangxian county is also famous for its good wildlife protection. ?
At 8: 30 on May 20, 2000, a monster as strong as an ox fled to Group 6, Tianling Village, Silang Township, Yangxian County, Shaanxi Province. Villager Liu Yongchang was about to go out to work when he suddenly saw the monster and shut the door in fear. Unfortunately, it was too late, and the monster rushed in before the door was closed. Liu Yongchang was overturned and fell to the ground with a loud cry. He tried to sit up and try to escape, but the monster came and he fell in a pool of blood ...?
The monster didn't stop there, running around the house in panic, frantically smashing TV sets, tables, cabinets and other items into pieces. ?
At that time, Liu Yongchang's wife Zhou Cunfeng was cooking in front of the stove. The sudden disaster stunned her, and it took her a long time to come to her senses and shout "Help". The monster heard the sound and rushed over and knocked her to the ground with a sharp corner. ?
Neighbor Liu Nianming witnessed all this and shouted for help to the surrounding villagers. People rushed over and watched outside Liu's window. After identification, it was confirmed that the perpetrator was a wild pronghorn. Takin is a national first-class protected animal. It is in estrus in May and June every year, and it is most likely to hurt people when going down the mountain. The takin that broke into Liu Yongchang's house that day was huge and estimated to weigh 300 kilograms. The takin is very violent, and no one dares to enter the house to save people. People are extremely anxious but helpless. ?
Liu Nianming rode a motorcycle to the township government to explain the situation. The relevant leaders of the township immediately called the county forestry bureau. The person in charge of the Forestry Bureau said that they would report to the relevant leaders and send people to the scene as soon as possible. ?
Soon after, Liu Jianlin, the second son-in-law of Liu Yongchang who works in the county, heard the news and rushed over. He uncovered the tiles from the roof and saw Liu Yongchang lying on the ground, covered in blood and seriously injured. Zhou Cunfeng hid under a cupboard and made cries for help from time to time. The takin continued to walk back and forth in the house. ?
Hearing the cry for help, Liu Yongchang's relatives burst into tears and were heartbroken. Hundreds of people gathered around the house, but they couldn't come up with a good rescue plan. ?
After a while, the leaders of the county and township governments and the deputy director of the county forestry bureau rushed to the scene. They immediately set up a temporary headquarters to study the rescue plan. ?
At this time, someone boldly put forward: "It's too late! Hurry and find a way to kill the takin, or two lives will be lost! " ?
This proposal was immediately opposed by relevant leaders. Ma Shuangqiao, deputy director of the county forestry bureau who was present at that time, explained: "Because takin is a national first-class protected animal, according to the provisions of the Wildlife Protection Law, hunting and killing of national key protected wild animals are prohibited. If it is necessary to kill wild animals under state first-class protection due to special circumstances, it is necessary to apply to the state forestry department for a special hunting and catching license. In case of emergency, it must also be approved by the Provincial Forestry Department. " ?
In the anxious waiting, precious time is lost by the minute. Zhou Cunfeng was still shouting "Help" in the room, and his miserable cry for help cut the hearts of the Liu family like a sword. Liu Jianlin has been lying on the roof, observing the change of the situation. He can't stand this kind of suffering. He asked tearfully, "Is human life more important or wild animals more important?" Seeing that no one responded, he came down from the roof and rushed into the house to save people. People caught him and advised him, "If you go in at this time, no one can save you, and you will definitely die!" ?
65438+ at 0: 20 pm, news finally came from the Provincial Forestry Department-the takin can be killed! ?
1: 30, perhaps tired from tossing, the takin walked into a hut and lay down to rest! Liu Jianlin's heart relieved a lot. He couldn't wait, regardless of everyone's dissuasion, stood up and risked his life to climb in from the side door and carried out the injured mother-in-law Zhou Cunfeng. ?
At that time, Zhou Cunfeng had no obvious injuries, but he could still speak and tell everyone about the situation in the house. People's mood relaxed a little, because she didn't look too badly hurt. Half an hour later, she was sent to Yangxian People's Hospital for emergency treatment ...?
The murderer was shot? Relatives' claims encounter legal gaps.
At 4 o'clock in the afternoon, 30 armed police soldiers rushed to the scene with live ammunition. They surrounded the Liu family and asked the people to retreat to 500 meters away. At 4: 20, the takin was killed by the armed police. At this time, people rushed into the house, but unfortunately Liu Yongchang died of excessive blood loss. ?
At 6 o'clock in the evening, Zhou Cunfeng's brain injury worsened and he died on the way to the hospital late at night. ?
Liu Yongchang is 63 years old and Zhou Cunfeng is only 48 years old. They * * * have four women and one man, their daughters are married, and their son Liu Jianmin is unmarried. ?
Two days later, relatives and relevant parties reached an agreement on the related issues that Liu Yongchang and Zhou Cunfeng were killed by takin: the county forestry bureau and the Shiro township government jointly paid the funeral expenses of the two deceased 1.500 yuan, the property loss 1.300 yuan, and Zhou Cunfeng's hospitalization expenses were also borne by the county forestry bureau and the Shiro township government. Subsequently, Liu Yongchang and Zhou Cunfeng were buried. ?
In order to protect wild animals, the Liu family lost two lives in vain. After all the arrangements were made, Liu Jianmin, Liu Jianlin and other relatives of the deceased sought compensation from the county forestry bureau, the county government and relevant provincial departments. What they never expected was that there was no specific compensation standard for human life disputes caused by wild animals. The claim for two lives met with a legal blank, and the Liu family was at a loss. ?
On July 3, 2000, under the auspices of the county government, the parties concerned reached an agreement on compensation and family relief for Liu Yongchang and Zhou Cunfeng who died of takin. According to the agreement, in addition to the last compensation, the Forestry Bureau and the township government will pay Liu 8,800 yuan and 1200 yuan as loss compensation and hardship relief respectively. ?
At this point, Liu * * * got a compensation of 14300 yuan. Liu Jianmin, whose parents died, thinks that human life is the most important thing. The amount of compensation in the county is too low, and only two lives are worth more than 10 thousand, which is really unacceptable! ?
On May 20th, 20001year, Liu Jianmin came to Yangxian People's Court to sue Yangxian Forestry Bureau and Silang Township Government, demanding compensation of 43,778.4 yuan for the death of his parents. ?
On August 7th, 20001year, Yangxian county court held a public hearing to hear the case. ?
The defendant Forestry Bureau argued that on the day of the incident, bureau leaders and township cadres eliminated risks at the scene and safeguarded the lives and property of more people. After the plaintiff's parents were injured by the antelope, in the absence of specific compensation measures in the province, in late July last year, the Yangxian County People's Government organized a meeting to study the methods and standards of death compensation and living difficulties subsidies, and paid the victim death compensation of more than 6,543,800 yuan. The accident suffered by the plaintiff's parents was an accident, and Yangxian Forestry Bureau did not have any fault or negligence. It has made due compensation to the relatives of the deceased and refused to make any other compensation. ?
Defendant Shi Rang, the head of the township, Liang Zhonghua, said aggrieved: "In order to protect wild animals, we have always advocated that people should not harm animals, and now animals have killed people. We have compensated the relatives of the deceased, and now he tells us that we are too embarrassed. " ?
Recently, Yangxian County Court ruled: "The national wildlife protected animals should be compensated by the local people's government according to law. Yangxian Forestry Bureau and Silang Township Government have reached an administrative compensation agreement with the plaintiff's relatives to perform their duties. The essence of the lawsuit brought by the plaintiff after the two defendants fulfilled the agreement is the objection to the content of the administrative compensation agreement, not the object of civil law adjustment. Reject the plaintiff's lawsuit according to law. " ?
At the time of sentencing, Liu Jianmin was working in Guangdong, and his entrusted agent, Liu Jianlin, said with indignation after receiving the losing verdict: "Is human life so worthless? Two people are not as good as one wildebeest? We are not satisfied and want to appeal! " ?
Soon, Liu Jianlin submitted a civil appeal to Hanzhong Intermediate People's Court. Appeal made: 1. This situation should fall within the scope of civil law adjustment. Article 98 of the General Principles of Civil Law stipulates that "citizens have the right to life and health", so no matter what kind of animal is injured and killed, citizens should be treated according to the legislative intention of the General Principles of Civil Law. According to the legislative principle of civil law, when the right of human life and health conflicts with the life of animals, people should be superior to animals. In the long process of killing takin, if the injured can be rescued in time, it will not lead to their death. Two, the county forestry bureau and the township government have obvious fault liability. As early as 1994, Shaanxi Province issued the Notice on Taking Measures to Prevent Antelope from Harming People and Animals, requiring forestry departments at all levels to publicize preventive measures to prevent antelope from injuring people. However, the Forestry Bureau did not widely publicize preventive measures and did not take timely rescue measures after the incident. Therefore, the county forestry bureau and the Silang township government should bear civil liability for compensation, not compensation. ?
At present, the case is under trial. (Editor: Nianqing)