| China has a vast territory and abundant wild animal and plant resources,but under the influence of various factors,natural resources are being seriously plundered,and the crime of destroying wild animal and plant resources has a high incidence in recent years.As a powerful and effective means to combat crime,criminal law should play a greater role in the practice of protecting wild animals and plants.However,due to the late start of criminal law protection of natural resources in China,although it has made considerable progress through continuous development,there are still many inevitable problems,which need to be further improved.In order to improve the criminal law protection system of wild animal and plant resources in China and adapt to the increasingly severe protection situation,it is necessary to analyze the existing problems and solve them from the criminal legislation and criminal justice perspectives,closely following the relevant provisions on the protection of wild animal and plant resources in the criminal law amendment(11).Specifically,from the perspective of criminal legislation,we can appropriately expand the scope of protection of wild animals and plants resources in the current criminal law,improve the relevant legislation in the criminal law amendment(11)and the current penalty system;from the perspective of criminal justice,when there is a conflict between legal principle and reasonable reason,we should establish the judgment logic based on judicial rationality,and establish a multiple system of subjective identification of the actor The system of standardization.In general,improving the protection of wildlife resources in criminal law should take into consideration the actual conditions of our country.On the one hand,we should sum up the existing experience,and absorb and learn from other countries' successful experience on the other hand,extract the essence and remove the dross so as to better protect our wildlife resources. |
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