my country is one of the world’s most powerful countries with grassland resources, with a total grassland area of ​​nearly 400 million hectares, accounting for 40% of the country’s total land area and three times the existing cultivated land area. Grassland is not only the source of major rivers and water conservation, but also the main battlefield to prevent soil erosion and desertification. However, due to poor management or lack of understanding, the phenomenon of illegal grassland reclamation is still very common, which has had a bad impact on the grassland ecology.
On March 8, the People’s Procuratorate of Turpan City, in order to find out that a mineral company in Toksun County illegally occupied 976.8895 acres of natural grassland in Kumish, Toksun County, appraised the destruction of the grassland and issued the restoration of the grassland ecology at the same time. For the plan, we hereby entrust Xinjiang Zhenguanda Agricultural Technology Co., Ltd. to carry out agricultural technology appraisal. After accepting the entrustment, the company appointed appraisers Zhao Yujiang and Sang Liwen on March 8, 2021 to conduct an investigation and investigation on the scene involved.
According to the information provided by Tuokexun County Forestry and Grassland Bureau, the area of ​​grassland used by the mineral company is 761.709 acres, of which: 502.819 acres of state-owned natural grassland. The grassland type is desert grassland, the grade is Ⅱ, and the main vegetation includes ephedrine grass and bawang. According to the on-site investigation, the pasture occupied by the involved land has been completely destroyed.
Senior agronomist Zhao Yujiang said: This area has a typical continental climate. Summer is extremely hot and dry, with the highest temperature reaching 50-60℃ from June to September, and cold winter, with the lowest temperature reaching -30℃ from January to February. The area is arid and lacks water, rainfall is very small, and the amount of evaporation is much greater than that of precipitation, and there is heavy sandstorm in spring and autumn. Therefore, the conditions for artificial restoration of the pasture are not available. It is recommended that the mineral company restore the original landform and set up fences after collecting the vegetation restoration fee of the pasture, and carry out limited manual intervention year by year.
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In response to similar cases, Lawyer Liu Wei from Xinjiang Fuming Law Firm believes that in accordance with the provisions of Articles 1 and 2 of the Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases Destroying Grassland Resources, the illegal occupation of grasslands has changed the situation. The act of occupying grassland for the purpose of more than 20 acres shall be deemed to be "larger in quantity", which constitutes the crime of illegally occupying agricultural land and shall bear criminal responsibility. Even if the “large number†condition is not met, if it is not enough for criminal punishment according to Article 66 of the Grassland Law, the grassland administrative department of the people’s government at or above the county level shall order the illegal acts to cease and restore vegetation within a time limit.
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