An example of equality between animal and human life?

Whose life is more important? Rare animals compete with people for the value of their lives?

2002-05-14?08:06:36?

---------------- -------------------------------------------------- --------------

The takin that injured two lives was shot to death?

Southern Network News? Tearfully asked: Who belongs to animals or people? Life is more important

Wild animals are protected by national laws, and human life is sacred and inviolable. However, when there is a conflict between wild animals and human life, how should we choose? ?

The People's Court of Yangxian County, Shaanxi Province recently heard a dispute case caused by a takin injuring a human life. In mid-April, when reporters went to Yangxian County for interviews, the plaintiffs, defendants and the court all complained bitterly. ?

Liu Jianlin, the son of the deceased, said sadly: "Can it be said that human life is not as precious as animals? We are not here for money, but to seek justice!"?

Yang Liu Wenwei, president of the Civil Division of the County Court and presiding judge of this case, said: "We are also helpless! No one can figure out who this case happened to. However, the General Principles of Civil Law does not apply to this case, and it exposes the legislative The law protects the safety of people's lives and property, but two people were killed by animals, but there was no basis for compensation." Ma Shuangqiao, deputy director of the Yangxian Forestry Bureau, told reporters: In recent years. Incidents of wild animals hurting people happen from time to time. In 2000, three takin attacks occurred, resulting in four deaths and nine serious injuries. In 2001, two incidents occurred, resulting in three serious injuries. There is no statutory basis for compensation in such incidents. The "Wildlife Protection Law" stipulates that "if the protection of national and local key protected wild animals causes crop or other losses, the local government shall provide compensation. Compensation measures shall be formulated by the provincial, autonomous region, and municipal governments directly under the Central Government." However, the Shaanxi Provincial Government has not formulated relevant regulations. compensation measures. So it is very difficult to operate. ?

During the interview, the reporter heard the most common comment from the crowd was that the deaths of Liu Yongchang and his wife could have been saved. The "Wild Animal Protection Law" is imperfect and requires people to protect wild animals one-sidedly. When wild animals infringe on human life, the protector must still be given priority. And when time is very tight, it is not always required to submit to the State Forestry Administration for approval, otherwise it will delay the opportunity. Forestry departments at the grassroots level should be granted emergency response powers to “cut first and then report later” under special circumstances. No matter what, human life is the most precious, this is a simple truth. When people endanger the lives of others, they can still take legitimate defensive emergency measures, let alone animals? ! ?

The speed of life and death? Two lives hang on the horns of a takin

Yang County, Shaanxi Province is located at the southern foot of the Qinling Mountains. It has dense mountains and forests, a suitable climate, and a variety of wild animals. They came to this geomantic treasure land and lived and worked in peace and contentment here. Among them, the rare animals giant panda, golden monkey and takin are all national first-level protected animals. Yangxian County is also famous for its well-protected wildlife. ?

At 8:30 on May 20, 2000, a monster as strong as an ox rushed to Group 6 of Tianling Village, Silang Township, Yang County, Shaanxi Province. Villager Liu Yongchang was about to go out to work when he suddenly saw a monster and was so frightened that he quickly closed the door. Unfortunately, it was a step too late. Before the door could be closed, the monster rushed in. Liu Yongchang was pushed over and fell to the ground with a scream. He tried to sit up and tried to escape, but the monster pushed over him and he fell in a pool of blood...?

The monster did not stop there and ran around in panic in the room, looking like crazy again. The ground smashed the TV, tables, cupboards and other items into pieces. ?

At that time, Liu Yongchang’s wife Zhou Cunfeng was cooking in front of the stove. This sudden misfortune shocked her so much that it took her a long time to recover and shouted "Help". The monster followed the sound and rushed over, knocking her to the ground with its sharp horns. ?

Neighbor Liu Nianming witnessed all this and shouted for help from the surrounding villagers. People rushed over and gathered around the window of Liu's house to watch. After identification, someone identified the perpetrator as a wild takin. The takin is a national first-class protected animal. May and June are the estrus period of the takin every year, when it is most likely to come down the mountain and hurt people. The takin that broke into Liu Yongchang's house that day was huge, estimated to weigh 300 kilograms. The takin had a violent temper, and no one outside the house dared to enter the house to save him. People are extremely anxious, but there is nothing they can do. ?

Liu Nianming rushed to the township government on a motorcycle to explain the situation. The relevant township leaders immediately called the county forestry bureau. The person in charge of the forestry bureau said that he would report to the relevant leaders and send someone to arrive as soon as possible. on site. ?

Not long after, Liu Yongchang’s second son-in-law, Liu Jianlin, who worked in the county town, rushed over after hearing the news. 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, calling for help from time to time. The takin continued to pace around the house. ?

Hearing the cry for help, Liu Yongchang’s relatives burst into tears and felt like a knife. Hundreds of people gathered in front of and behind the house, but they couldn't come up with a good plan to save people. ?

After a while, county and township government leaders and the deputy director of the county Forestry Bureau rushed to the scene. They immediately set up a temporary headquarters to study rescue plans.

?

At this time, someone boldly suggested: "It's too late! Try to kill the takin quickly, otherwise two lives will not be saved!"?

This suggestion was immediately rejected by the relevant leaders. be opposed to. Ma Shuangqiao, deputy director of the County Forestry Bureau who was present at the time, explained: "Because takin is a national first-level protected animal, according to the provisions of the Wildlife Protection Law, it is prohibited to hunt and kill nationally protected wild animals. Due to special circumstances, it is necessary to Those who hunt national first-level protected wild animals must apply for a hunting license from the National Forestry Department. In emergencies, they must also obtain approval from the Provincial Forestry Department."?

While waiting anxiously, precious time is spent. Lost every minute. Inside the house, Zhou Cunfeng was still shouting "Help", and his miserable cry for help was like a sharp knife cutting into the hearts of the Liu family's relatives. Liu Jianlin had been lying on the roof watching the changes in the situation. He couldn't stand the suffering anymore. He asked with tears in his eyes: "Human life is more important, or wild animals?" Seeing no one responded, he came down from the roof and rushed into the house to save people. People grabbed him and advised him: "If you go in at this time, not only will you not be able to save anyone, but you will definitely lose your life!"?

At 1:20 pm, the news finally came from the Provincial Forestry Department. Here's the news - you can kill the takin! ?

At 1:30, maybe because he was tired from all the hard work, the takin walked into a hut and lay down to rest! Liu Jianlin felt much relieved. He couldn't wait any longer. Regardless of everyone's dissuasion, he stepped forward, risked his life, climbed in through the side door, and carried out his injured mother-in-law Zhou Cunfeng. ?

At that time, Zhou Cunfeng had no obvious injuries and could still speak and tell everyone about the situation in the house. People were in a slightly lighter mood because she didn't appear to be seriously injured. Half an hour later, she was sent to Yangxian People's Hospital for rescue...?

The "murderer" was killed? Relatives' claims encountered legal gaps

At 4 p.m., 30 armed police Soldiers rushed to the scene with guns and ammunition. They surrounded Liu's house and asked the crowd to retreat 500 meters away. At 4:20, Takin was shot dead by the armed police. At this time, people rushed into the house. Unfortunately, Liu Yongchang died of exhaustion due to excessive blood loss. ?

At around 6 o'clock in the evening that day, Zhou Cunfeng's brain injury worsened and he died on the way to the hospital late at night. ?

Liu Yongchang was 63 years old and Zhou Cunfeng was only 48 years old. They have four daughters and one son. The daughters are all married and have families, and their son Liu Jianmin is not married yet. ?

Two days later, relatives and relevant parties reached an "agreement on issues related to the death of Liu Yongchang and Zhou Cunfeng caused by takin": the county Forestry Bureau and the Silang Township Government jointly paid 1,500 yuan each for the funeral expenses of the two deceased persons. , property damage was 1,300 yuan, and Zhou Cunfeng’s medical expenses for hospitalization were also borne by the County Forestry Bureau and the Silang Township Government. Later, Liu Yongchang and Zhou Cunfeng were buried. ?

In order to protect wild animals, the Liu family lost two lives in vain. After everything was arranged, Liu Jianmin, Liu Jianlin and other relatives of the deceased approached the county forestry bureau, county government and relevant provincial departments to demand compensation. What they never expected was that there was no specific compensation standard for human life disputes caused by wild animals. The claim for two human lives encountered a legal void, leaving the Liu family's relatives at a loss. ?

On July 31, 2000, under the auspices of the county government, the relevant parties reached an "Agreement on Compensation and Family Difficulty Relief for Liu Yongchang and Zhou Cunfeng killed by takin". The agreement stipulates: In addition to the above In addition to the compensation, the Forestry Bureau and the township government paid the Liu family 8,800 yuan and 1,200 yuan respectively as loss compensation and hardship relief. ?

So far, the Liu family has received 14,300 yuan in compensation. Liu Jianmin, whose parents died, believes that human life is the most important, and the county's compensation amount is too low. Two lives are worth more than 10,000 yuan. It is really unacceptable! ?

On May 20, 2001, Liu Jianmin came to the Yangxian People's Court to sue the Yangxian Forestry Bureau and the Silang Township Government, demanding compensation of 43,778.4 yuan for the death of his parents. ?

On August 7, 2001, the Yang County Court heard the case publicly. ?

The defendant Forestry Bureau argued that on the day of the incident, bureau leaders and township cadres were on site to eliminate dangers and protect the safety of more people’s lives and property. After the plaintiff's parents were injured by a takin, there was no specific compensation method in the province. In late July last year, the Yangxian County People's Government organized a meeting to study the methods and standards for death compensation and hardship subsidies, and paid death compensation to the victim. The fee is more than 10,000 yuan. The accident in which the plaintiff's parents were injured was completely accidental. The Yang County Forestry Bureau had no fault or negligence and had already paid due compensation to the relatives of the deceased and did not agree to make any other compensation. ?

The defendant, Liang Zhonghua, head of Silang Township, said aggrievedly: "In order to protect wild animals, we have been advocating that people should not harm animals. Now animals have killed people. We have compensated the relatives of the deceased. , and now he is suing us again, we are so unjust.”?

Recently, the Yangxian County Court made a ruling: “If nationally protected wild animals cause harm to people, the local people’s government should compensate them according to law. The bureau and the Shilang Township Government had reached an administrative compensation agreement with the plaintiff's relatives due to the performance of their duties. The plaintiff filed a lawsuit after the two defendants had completed their performance in accordance with the agreement. The essence of the matter was that they had objections to the content of the administrative compensation agreement and were not subject to adjustment according to the civil law. The plaintiff's lawsuit was dismissed.

"?

When the verdict was issued, Liu Jianmin was working in Guangdong. When his agent Liu Jianlin received the verdict of losing the case, he said with great sadness and indignation: "Is human life so worthless? Are two people worse than one wild takin? We are not convinced and will appeal! "?

Soon, Liu Jianlin submitted a civil appeal to the Hanzhong Intermediate Court. The appeal stated: 1. This case should fall within the scope of adjustments to the civil law. Article 98 of the "General Principles of the Civil Law" stipulates that "citizens enjoy the right to life "Right to health", then no matter what kind of animal causes injury or death to a citizen, it should be dealt with according to the legislative intention of the "General Principles of Civil Law". According to the legislative principles of civil law, when there is a conflict between the human right to life and health and the life of an animal, the human right should take precedence over the animal's life. Animals. In the long process from the incident to the killing of the takin, if the injured could have been rescued in time, the death would not have been caused. 2. The county forestry bureau and the Shilang Township government were obviously at fault. As early as 1994, Shaanxi Province issued a notice. A "Notice on Taking Measures to Prevent Takin from Endangering the Safety of Humans and Livestock" was issued, requiring forestry departments at all levels to publicize preventive measures to prevent takin from injuring people. However, the Forestry Bureau did not widely publicize the preventive measures and did not take timely rescue measures after the incident. Therefore, the county forestry department did not take timely measures. The bureau and the Shilang Township government should bear civil liability for compensation, not the issue of compensation?

Currently, the case is under trial.

(Editor: Nian Qing)