The history of planting jujube in Xinzheng City can be traced back to the Peiligang culture period more than 8000 years ago. In 2010, the People's Government of Xinzheng City publicized the ancient jujube forest in Huazhuang Village as a protected area. The public notice shows that this ancient jujube forest covers an area of 1023 mu, with a total of 17660 ancient jujube trees over a hundred years old, of which 691 are the first-class protected ancient jujube trees over 500 years old, 1857 are second-class ancient jujube trees between 300 and 499 years old, and the rest are third-class ancient jujube trees between 100 and 299 years old.
On the evening of January 16, 2014, 1870 ancient jujube trees in Huazhuang Village were felled. It was later found out that the logging was organized by the government of Xuedian Town, Xinzheng City, and no logging permit was obtained. Since 2015, the China Biodiversity Conservation and Green Development Foundation (CBCGDF) has obtained the clues of ancient jujube tree destruction in Huazhuang Village, Xuedian Town, Xinzheng, and investigated and collected evidence.
On April 28, 2016, CBCGDF submitted the bill of prosecution on this matter to the Zhengzhou Intermediate people's court, who on May 5, 2016 officially put the case on file.
On December 28, 2017, Zhengzhou Intermediate people's court made a judgment of first instance, ordering the Xuedian Town Government and Huazhuang Village Committee to stop the infringement, replant trees five times the number of dead jujube trees transplanted, and compensate for the loss of ecological environment service functions of more than 3.61 million yuan. Xuedian Town Government and Huazhuang Village Committee refused to accept it and appealed to the High people's court of Henan Province.
In April 2018, the case was held in Zhengzhou for a public trial of the second instance and the trial lasted for nearly three hours.
Wang Shaohua served as the presiding judge of the case stating that as an environmental public interest lawsuit filed by a national environmental public welfare organization, this case was chosen to be heard in public in colleges and universities, which has positive significance for strengthening the rule of law education and strengthening the environmental protection concept of college teachers and students.
In March 2020, the Zhengzhou Intermediate Court made the following judgment on this case:
The defendant, the People's Government of Xuedian Town, Xinzheng City and the Villagers'committee of Huazhuang Village, Xuedian Town, Xinzheng City, stopped illegal transplanting or cutting of jujube trees.
The defendant, the People's Government of Xuedian Town, Xinzheng City, displayed the ancient jujube trees that died of transplanting at the site of the date tree transplant in Wangzhang Village after the judgment came into effect, and set up warning signs at the site of the date tree transplant within 30 days after the judgment came into effect as a base for publicity, education and warning for the protection of the ecological environment in the future.
The defendant, the People's Government of Xuedian Town, Xinzheng City and the Villagers'committee of Huazhuang Village, Xuedian Town, Xinzheng City, shall submit a written letter of apology to the Court within 10 days after the judgment takes effect, and apologize to the public for the infringement of their rights that caused damage to the ecological environment and social and public interests by transplanting jujube trees without legal procedures, which shall be published on the national media within 30 days after the Court's review.
Reference: http://m.xinhuanet.com/ha/2018-04/23/c_1122729879.htm
Translator: Sara
Checked by: Daisy
Editor: Sara
Contact: v10@cbcgdf.org; +8617319454776
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