On Illegal Acquisition,Transportation And Sale Rare,Endangered Wildlife,Rare,Endangered Wildlife Products Crime

Since its implementation on March 1,1989,the Law of the People's Republic of China on the Protection of Wildlife has been amended three times,reflecting the importance and protection of wildlife resources in China.As an important factor in maintaining ecological balance,wildlife is facing the danger of extinction and extinction with the rapid development of human practice.Although the relevant laws and regulations have specific provisions on the protection of wildlife resources,the high incidence of wildlife damage cases is still undeniable,it is necessary to strengthen the criminal law protection of wildlife resources.China's criminal law clearly stipulates the illegal acquisition,transportation and sale of rare and endangered wildlife and rare and endangered wildlife products,to a certain extent,curbing the crime of wildlife resources,especially the protection of rare animals.Endangered wild animals also play a very important role.This crime is not only stipulated in the criminal law,but also interpreted by the Supreme People's Court and the Standing Committee of the National People's Congress.But it still exists in the specific judicial practice.In this paper,these controversial issues are sorted out and studied in order to provide some suggestions in practice.This article contains five chapters including the introduction.The introduction part is the basic theoretical content of this subject.It mainly discusses the background,theoretical and practical significance,research status and main content of the research on wildlife crime.The first chapter mainly expounds the concept of wildlife resources,the definition and significance of wildlife resources protection,and analyzes the causes of wildlife resources crimes from the aspects of economic factors and legal factors.Chapter 2,3 and 4 are the key parts of this subject.The second chapter analyzes the identification and analysis of the subjective and objective behavior of this crime.In the aspect of subjective knowledge,the article makes an analysis by combining the three aspects of subjective knowledge and content and how to determine the subjective knowledge of the actor with the case.Objective behavior,illegal acquisition,transportation and sale of three kinds of behavior,judicial interpretation will further for-profit processing behavior rules for sale,the article for each specific behaviors are carried on the detailed instructions,combined with the practice indicate the existence of the dispute,also for each kind of behavior that exists in the form of crime are analyzed,for each kind of behavior are both failed in combination with judicial practice examples.The third chapter mainly analyzes the object of this crime.For object behavior,whether included in the list of China's key protected wild animals,or not native to our country's listed in the convention on international trade in wildlife species of wild animals in appendix 1,2,law and judicial explanation is very clear,but still can't specific to solve problems in the judicial practice,such as caused widespread concern in shenzhen young Paul peng wang illegally sell parrot,is hot booster the franco-prussian propaganda typical case.In addition,for the body of wild animals,wild animal shall be deemed to be in principle,only under special circumstances to be identified as wild animals products more adapted for the principle,for the artificial domestication and breeding of wildlife,unless have been included in the artificial breeding of terrestrial wildlife under special state protection list(the first)"can be excluded from the outside the scope of criminal law protection,other of still not included in the list shall be regarded as criminal law provisions of rare and endangered species of wild animals.Finally,the identification of wild animals and their products mentioned in chapter 4 is also a controversial issue in practice.The paper puts forward Suggestions from the construction of specimen bank,the application of new technologies,the unified identification standard and scope of identification institutions,etc.While in sentencing issues affect the legal effect and social effect,if the legal punishment of this crime rate set reasonable,shenzhen Paul peng wang sell parrot case to the court of first instance decision likely won't lead to social public sentencing excessively heavy discussions,so this paper put forward the adjustment method prescribed range applicable way to advice and increase of punishment.