October 9, 2021，In order to cooperate with the Fifteenth Contract Conference (COP15) of the United Nations Convention on Biological Diversity (COP15)，The Supreme People's Procuratorate released a group of typical cases of biological diversity protection of public interest litigation，"Qingdao People's Procuratorate to sue a space art appreciation center in Laoshan District, Qingdao City illegal acquisition、Selling precious、Endangered wildlife and product civil public interest lawsuits "[(2021) Lu 02 Minchu No. 69] is one of them。The basic case is: A Space Art Appreciation Center in Laoshan District, Qingdao (hereinafter referred to as the "Appreciation Center") is an individual industrial and commercial household，The scope of business is catering service。During the operation of 2017-2018，Buy and sell national first -class national first -level protection wildlife pangolin 1、National second -level protection animal brown bear 1、"Three Animals" Bangladesh Cobra 3。September 10, 2020，Qingdao People's Procuratorate found the clue in his duties，Survey in accordance with the law。After checking the facts of the case，In order to determine the loss of ecological environmental service function caused by the loss of wild animals，Procuratorate commissioned the deputy dean of the Institute of Ecological Environment Damage Appraisal in Shandong University、Deputy Member of the Environmental Damage Appraisal Professional Committee of the Shandong Provincial Environmental Science Society、Experts of Environmental Resources Trial Consultation of the High People's Court of Shandong Province issued expert opinions，It is determined that the functional loss of ecological environment service in this case is 907,500 yuan。

Qingdao People's Procuratorate thinks，In this case，Appreciation Bet365 lotto review Center acquisition、Selling precious、The behavior of endangered wild animals occurs before the implementation of the Civil Code，But the consequences of ecological resource damage have continued to exist until the implementation of the Civil Code，Procuratorate can be in accordance with the provisions of the Civil Code，Investigating the losses of the infringer to bear the functional loss of the ecological environmental service in accordance with the law，Request corresponding punitive compensation。After the People's Procuratorate of Qingdao City was announced in accordance with the law，On January 16, 2021, the people's court filed a civil public interest lawsuit。During the trial process，Appreciation Center agrees to assume all or partial punishment compensation with environmental public welfare labor。Opinions such as before -in -court business and soliciting experts，It is believed that the cost of compensation for ecological environmental damage is 10%to double as double as punitive compensation，Combined with the infringer seriously regrets and actively undertake public welfare labor such as the publicity of ecological environmental protection law，Determine the proportion of 10%punitive compensation。January 29, 2021，Qingdao Intermediate People's Court ruled that all litigation requests of the procuratorate supported，Defeat the compensation of the appreciation center compensation for wild animals loses 83,000 yuan、Ecological environment service functions loss of 907,500 yuan、Punishment compensation is 99,050 yuan (10%of the sum of the first two items; 25%of the amount of punitive compensation is discounted with public welfare labor and labor service)、Expert's opinion fee 15,150 yuan, etc. totaling 1.89 million yuan，and openly apologize to the national media。

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precious、Endangered wildlife refers to wild animals with scarce and important value in specific areas，It is an important part of an irreplaceable component in the ecosystem，Play an important role in maintaining bet365 Play online games ecological balance。In this case，pangolin is a national first -level protection wildlife，Brown Bear is a national second -level protection wildlife，Bangladesh Cobra is "Three Animals"，These precious、Endangered wildlife has huge biological diversity value and important ecological value、Economic value、Scientific research value, etc.，The destruction of them will affect the structure and function of the ecosystem in the area。illegal hunting、Kill precious、Endangered wildlife while destroying wildlife resources，Breaking the ecological balance，Leading the function of the ecosystem function degeneration，Develop ecological environmental damage。Acquisition、Selling precious、behavior of endangered wildlife，precious hunting、Endangered wildlife provides motivation and market，Its illegal behavior is objective with the consequences of the damage to wild animals，is one of the manifestations of infringing wild animals，Destroyed wildlife resources and ecological environment。Acquisition、Selling pangolin、Brown Bear、The behavior of Bangladesh Cobra causing preciousness、A decrease in the number of endangered wild animals，Evilling wildlife resources，Damage ecological environment，Should bear the corresponding compensation liability。

other，I think，Wild animals from abroad should also be the protection of public interest litigation。Earth is a home for humans and wild animals，The creatures on the earth cannot survive alone，They are interconnected、Common life，Maintenance of biological diversity and ecological balance regardless of national borders。Ecological environment and biological resources have public attributes，Protecting wild animals from abroad can help maintain the Earth's home，Promote the sustainable development of human beings，The scope of the integration of public interest litigation should be included。

　　Use expert opinion to evaluate losses

According to the relevant regulations such as "Wildlife and its product (product) price identification bet365 Play online games rules", "Wildlife and its product value assessment method", "The benchmark value standard catalog of terrestrial wildlife"，Wildlife loss caused by the defendant's destruction of ecological behavior is 83,000 yuan。but but，The value of the appraisal is just the value of the wild animal itself，Can't reflect its ecological damage value。According to the "Interpretation of Several Issues of Application Laws on the Supreme People's Court on the Environmental Civil Public interest litigation cases"，For the pollution environment、Destroy ecology，Actions that have harmed the public interests of social，The plaintiff can ask the defendant to bear the loss of compensation、Civil liability such as apology and other apology。On the premise that the value of the ecological damage of wild animals cannot be clear，Only allows the responsible person to bear the value of the appraisal cannot be fully protected by the public interest。Current，It is difficult to carry out identification in the loss of ecological environment service functional loss，Evaluation theory can be performed through the form of expert opinions。

In this case，The defendant illegally acquired、Selling precious、behavior of endangered wildlife，It caused precious、A decrease in the number of endangered wild animals，Destroy biological diversity and ecological balance，Cause loss of functional environmental service function。The Explanation of the Supreme People's Court on Several Issues of Laws on the Application of Laws on Environmental Infringement Liability Disputes "，A person with specialized knowledge put forward in court，Certificate of Quality Certificate of the Persons，It can be used as the basis for determining the facts of the case。In this case，Qingdao People's Procuratorate invited an expert on ecological environmental damage appraisal experts to issue expert opinions on the loss of ecological environment service functions，It is professional and authoritative，Its evaluation conclusions are adopted by the court。This case provides practical samples for the defendant bet365 best casino games to bear the defendant's functional loss cost for the defendant for the defendant。

　　Explore the request for punishment compensation litigation

Article 1232 of the Civil Code，The infringer has the right to ask for intentional pollution of the environment、Those who destroy the ecology cause serious consequences to bear the corresponding punitive compensation liability，Clarifying the applicable of punitive compensation for ecological environment damage。Punishment compensation excess compensation to the offenders，Sanction of illegal behavior through economic means，helps to curb illegal acts，Alert potential illegal，It is important to prevent the occurrence of similar illegal acts。Procuratorate filed a civil public interest lawsuit，It should strictly grasp the applicable requirements of punitive compensation。Specific to this case，The defendant acquisition、Selling precious、The subjective intentional intentional obviousness of the endangered wildlife，Its illegal acts have exacerbated the degree of endangered wildlife，Destroy ecological resources and environmental balance，caused serious consequences。The Standing Committee of the National People's Congress "Regarding the comprehensive prohibition of illegal wildlife transactions、Demonstration of bad habits of wild animal animals、Decision to effectively guarantee the health and safety of the people's lives "，Behavior of illegal trading wildlife，Based on the current laws and regulations, the punishment。This case requires the infringer to bear the liability for punitive compensation.，Improving the rule of law of the public protection of wild animals。other，The defendant's behavior occurs before the implementation of the Civil Code，But the consequences of ecological resource damage have continued to exist until the implementation of the Civil Code，You can ask the corresponding punitive compensation。

　　Applicable labor compensation

In judicial practice，Not only follows the laws of civil judicial law that restores public welfare，Maintenance of judicial authority，It is necessary to highlight the judicial temperature，Combined with bet365 Play online games the actual innovation case planning solution，Make compensation liability can be truly implemented。The Explanation of the Supreme People's Court on Several Issues of the Application of Laws on the Application of Laws of Environmental Civil Delitery Litigation，The plaintiff requested to repair the ecological environment，The people's court can judge the defendant to repair the ecological environment to the state and function before the damage occurs;，Can be allowed to use alternative repair method。"Supreme People's Court's Work Regulations on Hearing Environmental Public Interest Litigation Cases (Trial)" stipulates，For pollution atmosphere、Water and other environmental mediums with self -net functions lead to ecological environment damage，Fixing in place is impossible or unnecessary，People's Court can determine the defendant to pay the ecological environment repair cost，Take regional environmental governance、Labor compensation、Alternative repair methods engaged in environmental propaganda and education。Labor compensation as a way to replace the replacement，It can be applied to the ecological environment civil public interest litigation。

In this case，The defendant will bear some punitive compensation by the defendant's labor compensation method，Participate in environmental protection rule of law、Citizen Legal Learning Open Day and other public welfare labor，Not only is it conducive to the execution of the decision，It is also conducive to education and guiding the public to avoid similar damage，Play "handling one case，Education One "social effect。What needs attention is，During the labor compensation process，Compensation obligations have been late for no reason for no reason、negative idle work、When not obeying management, etc., when the management is not suitable for continuing to perform labor compensation，It should end labor compensation work，Continue to bear the corresponding civil compensation liability in accordance with the method of determining the referee document。After the labor compensation is over，The relevant agencies Bet365 lotto review shall determine whether the labor compensation of the compensation obligations has been fulfilled，Ensure for the performance of labor compensation。

　(Author Unit: The Third Branch of the Shanghai People's Procuratorate; School of Law School of East China Normal University)