Black soil is a precious soil resource on the earth. The black soil area in Northeast my country is one of the only three large black soil areas in the northern hemisphere, with an area of ​​1.09 million square kilometers. It is an important grain production base and ecological barrier in my country.

In order to implement the relevant requirements of the "Black Soil Protection Law of the People's Republic of China", strengthen the protection of black soil resources, and severely punish acts that damage black soil resources and ecological environment such as theft and indiscriminate digging of black soil resources and other acts that damage black soil resources and ecological environment in accordance with the law, the Supreme People's Court and the Supreme People's Procuratorate today issued the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Destruction of Black Soil Resources" (hereinafter referred to as the "Interpretation").

The "Interpretation" has 14 items in total. The main contents include:

First, it stipulates the determination and conviction standards for the crime of destroying black soil constitutes illegal occupation of agricultural land. The Interpretation adopts an overall recognition model for the "illegal occupation of cultivated land, changing the use of occupied cultivated land, and causing damage to cultivated land" stipulated in Article 342 of the Criminal Law, and sets different thresholds for conviction for permanent basic farmland and black soil other than permanent basic farmland.

For permanent basic farmland, those who illegally occupy and destroy reaches "three acres" or illegally dig black soil to reach "five hundred cubic meters", they can be convicted; for black soil other than permanent basic farmland, those who illegally occupy and destroy reaches "six acres" or illegally dig black soil to reach "one thousand cubic meters", they can be convicted and increase the protection of food security.

The second is to stipulate the handling of illegal mining of black soil that is a mineral resource. The "Interpretation" clearly states that illegal mining of black soil belonging to mineral resources can be convicted and punished for illegal mining.

The third is to stipulate the handling of serious pollution of black soil. The "Interpretation" implements the requirements of the Black Soil Protection Law for the prevention and control of black soil pollution. According to the provisions of the Criminal Law, those who illegally discharge, dump or dispose of radioactive waste, waste containing infectious disease pathogens, toxic substances or other harmful substances on black soil in violation of national regulations and seriously pollute black soil, and those who seriously pollute black soil will be convicted and punished for the crime of polluting the environment.

The fourth is to stipulate the handling of concealment and concealment of criminal acts. In order to crack down on the illegal sale of black soil, the Interpretation clearly states that if the black soil obtained by knowing that it is a crime of stealing or indiscriminate digging and other crimes, it shall be properly convicted and sentenced for concealing or concealing the proceeds of crimes and the proceeds of crimes.

Fifth, the handling of specialized factual issues is stipulated. In view of the current practical needs for the identification of relevant specialized facts in criminal cases of destroying black soil resources, the "Interpretation" stipulates that the identification can be made based on appraisal opinions, identification opinions, reports issued by relevant institutions and combined with other evidence.

In addition, the Interpretation also stipulates the applicable rules for competition and cooperation, the handling of unit crimes, the cumulative calculation of quantity and amounts, the comprehensive determination of social harm, the connection between execution and punishment, and the handling of sabotage against black soil outside arable land.

What principles are followed in the drafting of the "Interpretation"?

Relevant officials in charge of the two high schools said that the drafting of the "Interpretation" mainly follows the following principles:

Adhere to strictly follow the law

The "Interpretation" insists on interpreting strictly in accordance with the provisions of the Criminal Law, the Criminal Procedure Law and the Black Soil Protection Law, accurately grasp the original intention and the legislative spirit, conscientiously implement the principle of statutory crime and punishment, adhere to the criminal policy of combining leniency and severity, and ensure that criminal cases of undermining black soil are strictly and fairly tried in accordance with the law. For example, the Interpretation on all types of crimes that destroy black soil resources shall be clarified in accordance with the relevant provisions of the Criminal Law on the crime of illegal occupation of agricultural land, illegal mining and environmental pollution, and the application of the law and the judgment rules shall be clarified, so as to distinguish the different types of crimes that destroy black soil and correct sentencing.

Adhere to problem-oriented

The Interpretation mainly focuses on the prominent issues and practical problems in judicial affairs of crimes that have been found in the investigation, such as the application of crimes, the standards for conviction and sentencing, and the difficulty in determining facts, to provide a basis for judgment for law enforcement and case handling. For example, in response to the question of how to convict and sentencing the "deep digging" and "ant moving" digging and indiscriminate digging of black soil in practice, the "Interpretation" refers to the Black Soil Protection Law on the volume of black soil (cubic meters) as the administrative penalty standard, and clearly states that the volume of black soil (cubic meters) can be used as a standard for conviction for the crime of illegal occupation of agricultural land, and the criminal legal network is strictly enforced.

Adhere to severe punishment

The Interpretation implements the spirit of the Black Soil Protection Law to punish acts of destroying black soil and polluting black soil, which fully reflects the determination to severely crack down on crimes that destroy black soil resources and strengthen the protection of black soil and the clear judicial orientation. For example, the Interpretation appropriately lowered the standards for conviction and up-shift sentencing on the basis of the previous judicial interpretations on the crime of illegal occupation of agricultural land and the crime of polluting the environment.

(CCTV reporter Li Kejing)