Two villagers in Hunan were forced to take measures to fry six small fish with firecrackers. Should they go to jail for illegal fishing?

Two villagers in Hunan were forced to take measures to fry six small fish with firecrackers. If the illegal fishing is serious, they will go to jail.

in chengbu county, shaoyang, Hunan province, two men went to Taihe village to fry fish with large firecrackers, and then fished them out with a net bag. Two men * * * got six fish as long as their fingers, and then the two men were released on bail pending trial by the forest police according to law.

after this incident broke out, people talked about it one after another, forming two points of contention. One side felt that the punishment for the two men was too heavy. One side thinks that fish, big or small, are life, and they are still frying fish during the fishing ban.

first of all, let's talk about whether the punishment for two men is too heavy. According to Article 34 of the Criminal Law, if the fishing area is closed, the fishing period is closed, or aquatic products are caught with prohibited tools and methods, which exceed 5 kilograms or are worth more than 5, yuan, a case shall be filed for prosecution.

There is also fishing with prohibited tools or methods during the closed fishing period or closed fishing area. It is reported that the fish-frying area for two men is the central area of Nanshan National Park in Hunan, and the Hunan fishing ban clearly stipulates that it is forbidden to use explosives and electric batons to fry fish.

Some people think that the basis for the conviction of illegal fishing of aquatic products depends on the behavior and the plot. If the circumstances are not serious and do little harm to society, they should be given a lighter punishment and may be fined according to law.

Then, on the one hand, I feel that life, big or small, is still a wild fish. It is reported that two men were arrested and reported by the masses. Although the six small fish fried by the two men were small and underweight, they used prohibited methods to fry fish during the fishing ban and should be disposed of according to law.

Some netizens also said that if you rob a bank with a knife and rob six yuan, should you deal with it seriously? Of course, robbery and illegal fishing are different in nature and cannot be compared.

Officials also say that illegal fishing, big or small, and life begins at an early age. If this case is human, criminal compulsory measures are a bit heavy, but legally speaking, the two men did use explosives to fry fish during the fishing ban.

Personally, I think the law restricts crime, just like children should know the seriousness of mistakes when they make mistakes. Because six small fish left two young people with criminal records, isn't this punishment too heavy?

The law is ruthless but people are affectionate, so they can be educated and punished according to public security management. To convict a person, we should make a comprehensive investigation, and we should not just sit by the number with the framework. The future of six small whitebait and two young people should be reconsidered as appropriate.

In short, those who illegally fish aquatic products will be jailed or fined if the circumstances are serious. Conviction should also be comprehensive. If the circumstances are not serious and the harm to society is small, it should be given a lighter punishment.