Legislative Research On Crimes Of Damaging Wildlife Resources

The wildlife resource is an important part of the natural ecosystem and lays a vital role in human's survival and development. The adoption of criminal legislation to protect animal resources has become a consensus of contemporary society. Many developed countries have developed a fairly complete criminal legislation to protect wildlife, However, due to the diversity on politics, economy, and cultural backgrounds, legislation models are different. In a word, it includes the following:countries attach great importance to the animals welfare as well as the legislation about the alien species invasion; They provide different qualification penalty for both units and individuals in destruction of wildlife crime; those who abuse their power to undermine the crime of wildlife resources shall be punished severely; requirements for crime circumstances are different; they usually pay attention to the provisions of potential damage offense; requirements for sin are also different; at the same time,some countries emphasize the use of criminal policy in criminal law.China has done a lot to solve this problem, For example, China has developed a more complete criminal law to punish the criminal damage to wildlife resources; we have stepped up efforts to protect wildlife; China has established a legislation model, which is mainly to the penal code in order to supplement the subsidiary dependent legal; meanwhile, binary criminal subject has been defined and efforts to the penalty have increased; we also focus on the application of criminal penalty. However, achievements have been limited, we are failure to effectively control the wildlife crime. Chinese criminal legislation still has many imperfections:wildlife laws and regulations is lack of uniformity between criminal legislation; the legal protection of wildlife is narrow; definitions on criminal liability are not careful; types of criminal acts are not enough; Accusation of discrete model and inclusive model exist at the same time; Legal provisions are not strict; crime of environmental pollution did not reflect the concept of wildlife conservation; These deficiencies are to be further consummated.To improve the criminal legislation on the protection of wildlife in our country, it should be based on politics, economy, history and culture, and combine with the actual situation. China should critically absorb and learn the successful, scientific, reasonable and useful experience about the wildlife conservation legislation, which comes from some foreign countries.Of course, it must rely on the summary of our own law enforcement experience. Then, it is necessary to expand range of the criminal law on wildlife protection.For some wildlife crime, China should define the Potential Damage Offense.Besides, to ensure wildlife laws and regulations harmonized is important. China should also configure the qualification penalty. Coordination for each criminal legislation and the addition for new charges can not be ignored. At the same time, China should aggravate the punishment for those who use their power to destroy wildlife resources. Government should set the significant loss of wildlife resources as one of the factors about major pollution incident Through these points, we can give full play to the role of criminal law, and make a better contribution to protect wildlife resources.