Study On The Knotty Issues Of The Crime Of Illegal Purchase,Transportation,and Sale Of Rare And Endangered Wild Animals And Their Products

With the state’s emphasis on wildlife protection,the crime of illegal purchase,transportation,and sale of rare and endangered wildlife(products)is a kind of crime with higher applicable rate in the types of environmental and resource crimes.As far as the current situation of wildlife protection is concerned,the application effect of relevant laws is still poor,and the related crimes of destroying wildlife resources have not been effectively curbed.The main reason is that China is in the period of socialist economic transition,the social and economic situation is complex and rapid development,and the relevant judicial interpretation is promulgated earlier,which leads to many problems in the application of the crime of illegal purchase,transportation,sale of rare and endangered wild animals(products).On this basis,the corresponding measures are put forward.This article is divided into five parts in structure,the main contents are as follows:The first part is an overview of this crime.The main contents include: first,it expounds the concept of this crime;second,it expounds the constituent characteristics of this crime;third,it expounds the classification of this crime;fourth,it determines the criminal object of this crime;fifth,it classifies and describes the behavior of illegal purchase,transportation,sale of precious and endangered wild animals and their products;sixth,it describes the legal interests of precious and endangered wild animals and their products Value protection is classified from ecological balance value,food and medicine value and entertainment aesthetic value.The second part is about the difficult problems of identification.The first is to analyze and discuss the identification of the object of crime from two aspects: whether the domesticated wild animals should be included in the maintenance and the identification standard of the dead body of wild animals are different.The second is from the view of illegal acquisition behavior and illegal sale behavior of processing and utilization of the two points of view for the direction of behavior identification.The third is to point out the current problem of criminal form identification.The third part is about the analysis of the difficult problems.First,through the current protection of rare,endangered wildlife related laws and the existence of our country on the use of its products is illegal,unreasonable situation to explore the cause of the identification of the object of crime.Second,it analyzes the causes of the existing behavior identification problems from two aspects: the inconsistent views on the illegal acquisition behavior and the inconsistent views on the processing and utilization behavior in the illegal sale behavior.The third is to point out the reasons for the problem of the identification of the state of accomplished crime or attempted crime.The fourth part is about how to solve the difficult problems of identification.One is to unify the standard of identifying the dead body of wild animals and to advocate the gradient protection of the wild animals domesticated and bred artificially,and put forward the methods to solve the problem of identification of criminal objects.The second is to accurately judge the crime form of illegal purchase,transportation,sale of rare and endangered wild animals and their products to solve the problem of criminal form identification.