The first instance of the Yunnan Elephant Performance Performance Public interest litigation case was sentenced to the first instance of the public interest lawsuit.
According to Xinhua News Agency, the Yunnan Kunming Railway Transport Intermediate Court on Tuesday (November 21) in accordance with the law, in accordance with the law, accused the West Shuangdang Version of Namano Scenic Scenic Co., Ltd.The first trial was made public judgment and rejected the plaintiff's claim.
The Kunshi Intermediate People's Court was tried to find out that the plaintiff's Diversity Intelligent Environment Research Institute was a private non -enterprise unit established on February 4, 2015.The registered limited liability company includes the business scope of Asian elephant domestication, reproduction, performance, and obtains the Asian elephant domestication and breeding permits.
Because the plaintiff believes that the defendant is engaged in an elephant performance to abuse the Asian elephant and damage the natural ecosystem, he proposes ecological damage of civil public interest lawsuits to the court, and sued the defendant to stop the elephant performance and apologize.
The opinions of the two parties in the comprehensive defense, the Kuang Rail Intermediate People's Court reviewed whether the behavior of the ecological environment of the Elephant Performance and domestication of the elephant elephant in the field of the Elephant Valley Scenic Area and the focus of the public interest of the social public interest.
The court believes that "the behavior of the perpetrator's violation of national regulations" is one of the constituent elements of environmental public welfare infringement. The current laws and regulations in China cannot be prohibited from using wild animals for public exhibitions.The scope of breeding licenses and business licenses shows that it has the qualifications to use elephants for performances. Organizing performances do not violate national regulations and are legitimate operations.
The court said that domestication and reproduction refers to the domestication and reproduction activities of wild animals conducted in protecting, researching, scientific experiments, exhibitions, and other economic purposes.The needs of wildlife domestication and reproduction need to be restrained and regulated with the methods and methods that are compatible with their physiological characteristics and physical conditions. Reasonable domestication is not abuse.
The court also said that the elephant performance of the Wild Elephant Valley Scenic Area was performed under the guidance of the staff and did not hurt the body of the elephant.Contradicate and lack of factual basis.The elephant and exhibition area used by the Wild Elephant Valley Scenic Area are limited to Wild Elephant Valley and independent of the ecological environment of the wild. It does not destroy the ecology, nor does it cause damage or major risks to the legitimate rights and interests of unspecified public.The Kunlon Middle School made the above judgment based on this.
