| The state has always encouraged and supported the artificial breeding of wild animals,but with the development and growth of its industry,different industrial directions have been gradually derived.Artificial breeding activities have gradually tended to commercialization,and market demand and economic benefits have shown expansion.Attracted by economic interests,the illegal artificial breeding of wild animals and their commercial use has increased,leading to more intense conflicts between social conditions,legislative status,and judicial practice.Among them,the most typical case of conflict between judicial practice and reality is the "Shenzhen Parrot Case".This case has triggered controversies about wildlife crimes from all walks of life,how to manage and protect artificial breeding wild animals,and related laws and regulations on artificial breeding.Existing problems have become the focus of discussion.This article starts with controversial cases,sorts out and analyzes the current cases involving artificial breeding,and finds that there are different views and practices regarding the conviction and sentencing of artificial breeding-related cases in practice.The protection status of artificial breeding of wild animals is not clear,whether it should be Judging it as a criminal object varies.Since wildlife crimes are statutory crimes,their convictions are based on administrative illegality as a prerequisite.In order to avoid excessive criminalization in the process of regulating artificial breeding activities,this article discusses the relevant legal systems for artificial breeding of wild animals.The sources of law have been thoroughly sorted out.Through in-depth analysis of legal norms,the reasons for the current problems are found: First,the relationship between artificial breeding of wild animals and wild animals is difficult to define;second,there are overlapping powers,different powers and responsibilities,and invalid measures within the artificial breeding supervision department.,It is difficult to form a joint force and other issues;third,artificial breeding activities involve complicated legal relations,and the unsmooth connection between various legal relations leads to problems in the overall regulation.The above-mentioned problems actually revolve around the protection and utilization of wild animals,as well as the relationship between wild animals and people.Especially at this stage,not only should the reasonable scale between protection and utilization be taken into consideration,but also the interests of human beings should be taken into consideration.Under comprehensive consideration,this article advocates adopting the theory of low-limit utilization to restrict artificial breeding of wild animals in our country,supporting breeding behaviors for protection purposes,and gradually restricting breeding behaviors for commercial purposes.This article proposes a regulatory concept for artificial breeding activities in my country based on the theory of low-limit utilization,clarifies the scope and protection measures of wild animals and artificial breeding wild animals,strengthens supervision,resolves contradictions in legal relations,and aims to effectively regulate artificial breeding activities and ease people.Conflicts with wild animals. |
