Is it illegal to use electric earthworms, is it illegal to use electric earthworms

Electrocuting wild earthworms is illegal. Earthworms can loosen the soil, increase the organic matter of the soil and improve the soil structure, we are now mainly alkaline soil, can reduce the alkalinity, become neutral, increase the effective phosphorus and potassium content in the soil, suitable for the growth of crops, earthworm manure is also a good nutrient, it is different from other fertilizers, it is odorless and tasteless, has good water absorption and permeability, is conducive to plant absorption, respiration. Soil is a conductor of water, and where electricity passes, it is difficult for some small microorganisms to survive, which greatly reduces the biodiversity of the soil.

However, after the soil ecosystem is destroyed, it is difficult to recover in a short period of time. In order to curb this kind of earthworm hunting, local ** has developed special measures.

Electrofishing is illegal, violating Articles 30 and 38 of the Fishery Law of the People's Republic of China. According to Article 30 of the Fishery Law of the People's Republic of China, it is forbidden to use methods that damage fishery resources such as exploding fish, poisoning fish, and electrocuting fish.

It is forbidden to manufacture, sell, or use prohibited fishing gear. It is forbidden to fish in closed areas and during closed fishing periods. It is forbidden to use nets smaller than the minimum mesh size for fishing.

No more than a prescribed proportion of juveniles should be caught. The sale of illegally caught fish is prohibited in closed areas or during closed fishing periods.

Article 38 of the Fishery Law of the People's Republic of China stipulates that anyone who uses methods that destroy fishery resources such as exploding fish, poisoning fish, and electrocuting fish for fishing, or fishing in violation of the provisions on prohibited fishing areas and fishing periods, or uses prohibited fishing gear, fishing methods and nets smaller than the minimum mesh size for fishing, or if the proportion of juvenile fish in the catch exceeds the prescribed proportion, the catch and illegal gains shall be confiscated and a fine of not more than 50,000 yuan shall be imposed; if the circumstances are serious, the fishing gear shall be confiscated and the fishing license shall be revoked; where the circumstances are especially serious, the fishing vessel may be confiscated; where a crime is constituted, criminal responsibility is pursued in accordance with law. In the fishing ban area or during the fishing ban period to sell illegal catches, the local people's fishery administrative departments at or above the county level shall promptly investigate and deal with it.

Those who manufacture or sell prohibited fishing gear shall have their illegally manufactured or sold fishing gear and unlawful gains confiscated and shall be fined up to 10,000 yuan.

If the electric earthworm is raised by oneself or in the wild underground, it is not illegal: if it is an earthworm raised by others, without the consent of the owner, it will be suspected of destroying property if it reaches a certain amount, and the police will be investigated for criminal responsibility in accordance with the law.

Earthworms can loosen the soil, increase the organic matter of the soil and improve the soil structure, we are now mainly alkaline soil, can reduce the alkalinity, become neutral, increase the effective phosphorus and potassium content in the soil, suitable for the growth of crops, earthworm manure is also a good nutrient, it is different from other fertilizers, it is odorless and tasteless, has good water absorption and permeability, is conducive to plant absorption, respiration.

Legal basis

Article 275 of the Criminal Law of the People's Republic of China stipulates that anyone who intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

According to Article 238 of the Civil Code implemented in 2021, if a property right is infringed and damage is caused to the right holder, the right holder may claim compensation for damages in accordance with the law, and may also request to bear other civil liabilities in accordance with the law.

Legal Analysis: Electric earthworms are not illegal. An earthworm is a bug.

It is not a protected animal of the state. So it's electricity or wow. It's not illegal.

There is no provision in the law. What exactly can't be moved? However, it was determined that the positioning of nationally protected animals could not be moved.

Therefore, earthworms are not positioned as nationally protected animals, so they naturally move casually.

Legal basis: "Criminal Law of the People's Republic of China" Article 275 Crime of Intentional Destruction of Property Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

Summary. Capture is not illegal, and there is currently no legal requirement. Earthworms are not nationally protected animals. However, if a large number of earthworms are electrocaptured, the ecosystem will have a catastrophic impact, and the fertility structure of the soil will be degraded.

Are electric earthworms illegal? Is there a clear provision in the law? Thank you.

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Electric earthworms are not illegal.

According to the laws of our country, electric earthworms are not illegal. In order to maintain the agricultural production environment, the public health will crack down on the indiscriminate fishing of earthworms, and some places will impose administrative penalties.

Capture is not illegal, and there is currently no legal requirement. Earthworms are rampant, Li Fei shouts hail Li is a national protected animal. However, if a large amount of electricity is delayed, earthworms will have a catastrophic impact on the ecosystem, and the fertility structure of the soil will be degraded.

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Electric earthworms are generally not illegal, and if they are raised by others, it is illegal.

Legal analysisAccording to the relevant laws and regulations, if it is wild, it is not illegal, and if it is privately raised, it is illegal to destroy other people's property. The object of this offence is the ownership of public or private property. The targets of the crime may be various forms of public or private property, including the means of production and means of subsistence; Movable property, immovable property, etc.

However, if the perpetrator intentionally destroys some specific property as otherwise provided for in this Law, endangering other subject elements, it shall be handled in accordance with the relevant provisions of this Law. For example, the destruction of means of transportation, transportation equipment, flammable and explosive equipment, radio and television, telecommunications facilities, etc., that endanger public safety, shall be punished in accordance with the relevant crimes in Chapter 2 of the sub-provisions of this Law. "Destruction" refers to the use of methods such as incineration, smashing, etc., to completely lose the value or use value of an item; Damage refers to the partial loss of the value or use value of an article.

There are many ways to destroy public and private property. However, if the perpetrator uses dangerous methods such as arson, flooding, poisoning, or ** to destroy public or private property, endangering public safety, it shall be punished as a relevant crime in the crime of endangering public safety. The intentional destruction of public or private property must reach a relatively large amount or there are other serious circumstances before it constitutes a crime.

The so-called "serious circumstances" refers to the destruction of important items where the loss is serious, and the means of destruction are particularly heinous; Destroying urgently needed items causing serious consequences; Despicable motives, attempts to blame others, and so on. Intentional destruction of public or private property, where the circumstances are relatively minor, is a general violation of the administration of public security and shall be punished in accordance with article 49 of the Law on Penalties for the Administration of Public Security. The subject of the crime is the general subject.

A person who has reached the age of 16 shall be held criminally responsible for this crime.

Legal basisCriminal Law of the People's Republic of China Article 275:Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

Legal Analysis: This kind of behavior is not illegal, but it is very wrong. Although earthworms are not included in the list of national protected animals, this behavior is very unethical. The reason why earthworms should not be harmed is that they are not pests and can help farmers loosen the soil in the field, which is good for crop growth.

Legal basis: Article 30 of the Fishery Law of the People's Republic of China prohibits the use of methods that damage fishery resources, such as exploding fish, poisoning fish, and electrocuting fish. It is forbidden to manufacture, sell, or use prohibited fishing gear.

It is forbidden to fish in closed areas and during closed fishing periods. It is forbidden to use nets smaller than the minimum mesh size for fishing. No more than a prescribed proportion of juveniles should be caught.

The sale of illegally caught fish is prohibited in closed areas or during closed fishing periods. The key protected fishery resource species and their fishing standards, fishing ban areas and fishing ban periods, fishing gear and fishing methods that are prohibited or restricted from use, minimum mesh size and other measures to protect fishery resources shall be prescribed by the fishery administrative departments or the fishery administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Electric earthworms are not illegal. The earthworm is a bug in you. It is not a protected animal of the state.

So you're electric or wow. It's not illegal. There is no provision in the law.

What exactly can't be moved? However, it was determined that the positioning of nationally protected animals could not be moved. Therefore, earthworms are not positioned as nationally protected animals, so they naturally move casually.

According to the latest regulations, it is illegal.

Summary. Whether electric earthworms are illegal is not clearly stipulated in the law, but according to recent public interest litigation cases, electric earthworms are considered illegal in academic circles.

Whether the electric earthworm is illegal is not clearly stipulated in the law, but according to the recent public welfare lawsuit, it is considered illegal to conceal filial piety in the academic community.

Electric earthworm public interest litigation case: The electric earthworm public interest litigation case was openly tried on November 24, 2020 in the second court of the Zhuhai Intermediate People's Court in Guangjidong Province. China Biodiversity Conservation and Green Development will take Zhongshan City and an e-commerce platform in Zhejiang as defendants, and the main claim is:

The defendant was ordered to immediately stop illegally selling electronic trapping devices for hunting earthworms, so as to eliminate the actual infringement and major risks to the public's rights and interests in the ecological environment.

As a result, electric earthworms will increasingly be dealt with as an illegal offense.