Orchids must not be dug up at will: man arrested for digging up 19 orchids in remote mountains

Recently, the Qingshan Police Station of the Jinzhai County Public Security Bureau in Lu'an City, Anhui Province, successfully cracked a case of endangering nationally key protected plants, apprehending 1 suspect, and seized at the scene the orchids they had illegally dug up  19 plants.

2 month 25 , while officers from the Qingshan Police Station of the Jinzhai County Public Security Bureau were visiting villages deep in the mountains within their jurisdiction to investigate and gather information on local public security conditions, they keenly picked up abnormal information from a villager: someone had been frequently active in the nearby mountain forests and behaving suspiciously. The officers realized that this mountain forest, rich in natural resources, might be the site of illegal activities damaging the ecological environment, and immediately launched a thorough and detailed investigation. Through further visits, they identified the target suspect, Yu Moumou. After hours of searching and tracking, the officers finally found Yu Moumou in a deep mountain area in the act of digging up orchids, arrested him on the spot, and seized the orchids that had been dug up  19 plants.

Upon appraisal, the orchids dug up by Yu Moumou were all national second-class protected plants. According to the 2021 revised List of National Key Protected Wild Plants, apart from Cymbidium lancifolium (rabbit-ear orchid), all wild orchids have been included within the scope of protection. Article 344 of China's Criminal Law stipulates that whoever, in violation of state regulations, illegally fells or destroys precious trees or other plants under national key protection, or illegally purchases, transports, processes, or sells precious trees or other plants under national key protection and their products, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control, and shall also be fined; if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. Illegally digging up  1 plant of a national first-class protected orchid or  2 or more plants of second-class protected orchids constitutes a criminal offense; the number dug up by Yu Moumou this time far exceeded the legal red line, and he is already suspected of  "the crime of endangering nationally key protected plants" .

Wild orchids are an important link in the ecological chain, playing an irreplaceable role in maintaining biodiversity and soil and water conservation. Local villagers reported that signs of soil erosion have already appeared in the dug-up area. The Lu'an City Forestry Bureau stated that it will subsequently join forces with the police to carry out a "Guarding the Green Mountains" special campaign, and will intensify the crackdown on illegal digging of wild plants by adding monitoring equipment and encouraging public reporting.

The case sparked heated discussion across the internet, with netizens engaged in fierce debate over "Digging Flowers Leads to Criminal Charges" . Some lawyers pointed out that the law does not recognize  "ignorance is no excuse"; even if the suspect claims not to have known, combined with his actions of crossing mountains, carrying tools, and the like, subjective intent can still be inferred. Previously, there have been similar rulings in many places, such as in Longnan City, Jiangxi, where Tang Mou was sentenced to  19 orchids for being dug up  1 year 5 months of fixed-term imprisonment.

Since the police in Jinzhai County, Lu'an City, Anhui Province, cracked this case of endangering nationally key protected plants, the follow-up progress of the case has attracted much attention. At present, the suspect Yu Moumou has been criminally detained in accordance with the law, and the case has entered the further investigation stage. The Jinzhai County Public Security Bureau stated that it will strictly follow legal procedures to fully investigate Yu Moumou's motive and purpose for digging up the orchids, as well as key information such as whether there is an illegal trading chain. According to the legal process, after the investigation is concluded, the case will be transferred to the procuratorial organ for examination and prosecution, and the court will make a final judgment based on the evidence and relevant legal provisions.

The "Guarding the Green Mountains" special campaign has been fully rolled out. In the early stage of the campaign,  15 high-definition cameras were added in key mountain forest areas, combined with regular drone patrols, initially building an all-round, no-blind-spot monitoring network. At the same time, through channels such as community outreach and rural broadcasting, more than  5 0,000 copies of a publicity handbook on protecting wild plants were distributed to the public, encouraging people to actively report illegal digging;  3 clues from public reports are currently under verification.

This case has continued to ferment in society, sparking widespread discussion. Some members of the public have begun to actively learn about wild plant protection, and some communities and schools have spontaneously organized related science outreach activities. However, some netizens still question the "Digging Flowers Leads to Criminal Charges" , arguing that the penalty is too heavy for ordinary people who occasionally dig up plants. Legal experts, however, point out that the seriousness of the law is beyond doubt, and the public has an obligation to take the initiative to understand legal provisions to avoid crossing the red line.