Analysis On The Determination Of The Crime Of Illegal Acquisition,Transportation And Sale Of Precious And Endangered Wild Animals And Their Products

Wild animal resources play an important role in natural ecosystems,and it plays an important role in maintaining ecological balance and maintaining biodiversity.With the implementation of the “Wildlife Protection Law,” China's protection and attention to wildlife resources is also increasing.However,with the continuous expansion of human practices,the wild animal resources that maintain ecological balance are in a very dangerous situation.Wild animal resources are facing a situation of gradual reduction or even extinction.Increasing the protection of wild animal resources by criminal law is a necessary means for the protection of wildlife resources,because civil law and administrative law and other legal means have little effect on the protection of wildlife resources.China faces serious challenges in the protection of wildlife resources and protection is not optimistic.The relevant provisions of the Criminal Law on the illegal acquisition,sale,transportation of precious and endangered wild animals and their products have played a positive role in the protection of precious and endangered wildlife resources.Although the Standing Committee of the National People's Congress issued corresponding legislative explanations for this crime,the Supreme People's Court issued corresponding judicial explanations for this crime,but there are still many puzzles in the application of this crime in the administration of justice.This article collates and studies the puzzles in judicial practice,hoping to provide some useful suggestions so that the criminal law can better regulate the crime so that judicial practice can better apply this crime.This article focuses on the issues that are difficult to define in judicial practice,such as how wildlife products are and the range of precious and endangered wild animals.In the subjective intentionality of this crime,some academic theories about subjective knowledge were explored,and concrete descriptions of what subjective knowledge of this crime and subjective knowledge of how to judge the crime were made.In the aspect of objective behavior,this paper analyzes the controversial issues in the judicial practice of the three behaviors and the three behaviors of the crime,and specifically expounds how to judge the conviction and attempt of the crime.In terms of conviction and sentencing,this article lists the problems in determining the sentencing standards for this crime and puts forward some of its own opinions.Focused on the difficulties encountered in judicial practice,such as the identification of artificial breeding of wild animals and dead wild animals.