Study On Criminal Law Protection Of Wild Animals And Plant Resources In China

China is one of the most biologically diverse countries in the world,but driven by economic interests and other reasons,wildlife and plant resources continue to suffer from mad plunder.Criminal law is the last and most powerful means to protect wildlife and plant resources.However,since the criminal law protection of wild animal and plant resources in China started late,there are inevitably many problems that need to be further improved to adapt to the increasing protection of wildlife and plant resources.From a global perspective,the protection of wildlife and plant resources has received increasing attention from all countries.Western countries have generally paid attention to the criminal law protection of wildlife resources,the application of fine punishment,the application of non-penalty disposal methods,and the inclusion of criminals.The range of wildlife resources protected by law is relatively wide.The criminal law protection of wildlife resources in China has made considerable progress after the formulation of the Criminal Law in 1979,the revision of the Criminal Law in 1997,and the subsequent revision of the specific provisions of the Criminal Law.However,there are still many shortcomings.From the perspective of criminal legislation,there are gaps in criminal legislation related to the narrow range of wildlife and the invasion of alien species,lack of regulation on illegal “release” behavior,imperfect criminal disposal system,etc.There are problems in the crimes of destroying wildlife resources,whether the subjectives are "should know",and the conflicts between "emotion","rationality" and "law" brought about by judicial decisions.The improvement of criminal legal protection of wildlife resources in China should be based on China's specific national conditions.In the summary of criminal legislation and criminal justice experience,critically absorb and draw on the successful experience in the criminal legal protection of extraterrestrial wildlife resources.Expand the scope of protection of wildlife resources in China's criminal law,establish "wild animal species field release approval",add "illegal release of exotic wildlife species",improve the criminal disposal system;in judicial practice,one must establish "double-sided" judicial decision logic.The second is to avoid mechanical justice,and establish a "multi-dimensional" evaluation criteria for subjective judgment.It is imperative thatwhen other laws are poor,the criminal acts that destroy wildlife and plant resources must be subject to the criminal law network,and criminal law will be used to build a last line of defense against wildlife and plant resources.