| With the destruction of the environment and the plundering of resources caused by human development,the ecological environmental problems have gradually threatened the survival of human beings.Environmental governance has become a serious challenge for domestic and even countries around the world.However,the protection of wildlife resources has not attracted enough attention,which can not be separated from the economic interests behind the first drive,wildlife smuggling is emerging in an endless flow,a variety of game into the restaurant is also common,all kinds of animal products,leather shoes and so on also threatening the survival of wildlife.In addition,the important role of wildlife in the ecological chain has not been sufficiently recognized.Rare and endangered wildlife can also be protected by human priorities,while "three animals" terrestrial wildlife with important ecological,scientific and social values are not so lucky.Especially some wild animals that people often see in the fields,such as sparrows,toads,geckos,rabbits and so on.Through the study and analysis of theoretical and practical cases,the author finds out the problems existing in the protection of "three animals" in the criminal law,and puts forward some ideas to improve it.This paper is divided into three parts.The first part is to explain the basic situation and protection status of "three animals".It includes the introduction of the concept of "three animals",the value of "three animals" and the necessity of protection,the legislative and judicial status of "three animals" protection.The second part is to discuss the problems existing in the protection of "three animals" in Chinese criminal law.The problems of legislation and judicial interpretation include the inconsistency of the understanding of "serious circumstances" and the lack of mitigation and exemption from punishment in conviction and sentencing;the confusion of norms in the provisions on hunting areas,hunting periods and prohibited tools;the lack of investigation of the perpetrator’s illegal understanding in the case trial;and the lack of restorative punishment.The third part is to put forward the perfect thinking.First of all,by adding particularly serious circumstances in the Illegal Hunting Crime and Punishment Law,and increasing the corresponding statutory punishment,we can more effectively crack down on the criminal acts that cause great damage to the "three animals" resources.Secondly,The amendment of the judicial interpretation should be consistent with the legislative purpose,the original unreasonable provisions should be deleted,and the number of the crime should be more detailed,so that the crime will return to the consequential offense.At the same time,the provisions of mitigating or exempting punishment should be added in the judicial interpretation.Thirdly,we should explore the possibility of formulating a certain period of hunting ban nationwide,which should be extended appropriately by governments at or above the county level according to local conditions.The regulations on hunting ban areas should also be more precise.At the same time,it should also be widely and effectively publicized.The prohibited tools and methods shall be referred to the legal provisions,and the tools and methods with comparable harm shall be included in the relevant normative documents.Fourthly,the cognition of illegality is included in the consideration of conviction and sentencing in practical cases.If the wrongdoer’s cognition of illegality is unavoidable,the punishment should be mitigated or exempted.Finally,the application of restorative justice in the "three animals" crime cases includes the promotion of the application of prohibitions,the improvement of the community correction system,and the establishment of the wildlife reception and rescue mechanism. |
