The Study On The Crime Of Illegal Acquisition,Transportation And Sale Of Precious And Endangered Species Of Wild Animals,Rare And Endangered Species Of Wild Animal Products

The crime of illegal acquisition,transportation and sale of precious and endangered species of wild animals,rare and endangered species of wild animal products added in the first paragraph of article 341 of the criminal law of the People's Republic of China has played an important role in the protection of wildlife resources in China.Although there are relevant judicial explanations for this crime,there are also some disputes in judicial practice because the interpretation was promulgated earlier,along with social progress and economic development.Based on the analysis of the judicial documents of the court,this paper sums up some problems in the judicial practice of this crime,and puts forward some corresponding suggestions to solve these problems.This article is divided into four parts.The first part is an overview of the crime,which analyses the object and mode of action.The second part finds out some problems existing in the judicial practice through the analysis of 120 judicial documents on the Internet.The third and fourth parts are the focus of this article,the problems such as the awareness of illegality,the identification of dead bodies and artificially bred wildlife,the connection between criminal punishment and administrative punishment in judicial practice,some defects in the circumstances of sentencing are analyzed,and some improvement measures are put forward,hoping to provide some useful reference for the correct conviction of this crime and the accurate application of sentencing in future judicial practice.