Research On The Legal Protection Of Artificially Bred Wild Animals

Establishing a green legal system for ecological civilization and improving the legal system corresponding to it are the goals of the rule of law construction in the era of ecological civilization.Confined to the concept of "utilization",the wild populations of many wild animals in my country have been shrinking or even becoming extinct.Today,the development of artificial breeding technology has brought a turning point to my country’s wildlife protection work,but the "disorderly" "utilization" behavior and the "vacuum" area of relevant legal regulations make the legal protection of artificially bred wild animals in my country.After the outbreak of the new crown epidemic,the Legal Affairs Committee of the National People’s Congress started the revision of the Wildlife Protection Law.On October 13,2020,the draft revision of the Wildlife Protection Law was submitted to the Standing Committee of the National People’s Congress for deliberation for the first time.Enter the fast-track development period.After two years of theoretical discussion and practical exploration,on April 9,2022,the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Destruction of Wildlife Resources" jointly issued by the Supreme People’s Court and the Supreme People’s Procuratorate began to implement,clarifying that artificial breeding The rules for handling wildlife cases have been widely praised by the theoretical and practical circles.Artificial breeding of wild animals is a special subject of the Wildlife Protection Law,and its legal positioning,system design and appropriateness of protection measures are important criteria for measuring the legislative concept,legislative technology and the level of the rule of law in the modern national wildlife protection law.However,what is artificial breeding of wild animals? What is the necessity of legal protection of artificially bred wild animals? Are there deficiencies in the existing system? How to improve the existing legal system? And so on questions need to be answered.By examining judicial cases related to artificial breeding of wild animals,this paper finds that the legal system of artificial breeding of wild animals in my country has problems such as biased legislative concepts,weak administrative supervision,and insufficient judicial connection.The legal system for the protection of artificially bred rare wild animals shall be improved in terms of judicial compliance and other aspects.In addition to the introduction and conclusion,the article is divided into four parts,in order: the theoretical basis of artificially bred wild animals;the current situation of legal protection of artificially bred wild animals;the review of the legal protection system of artificially bred wild animals in my country;path.The article first defines the concept of "artificial breeding of wild animals",and proposes that "artificial breeding of wild animals" still belongs to the category of "wild animals".Secondly,through the analysis of100 cases involving "illegal acquisition,transportation and sale of precious and endangered wild animals",to explore the current legislative protection status of artificially bred wild animals in my country(the issue of dead bodies is not taken seriously,and the subject of crime is relatively special),the status quo of law enforcement protection(law enforcement destroys artificially bred populations,the license is not processed in a timely manner,and the social supervision is insufficient),the status quo of judicial protection(the standards for conviction are not uniform,the CITES Convention has become the main basis for conviction,and the standards for sentencing are not uniform).Thirdly,by examining the current legal system of artificially bred wild animals in my country through the second part of the protection status,it is found that there are the following problems: the lack of welfare system at the legislative level,the slow update of the directory,the immature social participation mechanism,etc.;the existence of signs at the administrative supervision level The system is not perfect,the entry threshold for the license market is low,and the government departments lack coordinated law enforcement;in terms of legal responsibility,there are disadvantages such as the lack of compliance of various relevant legal systems.Finally,explore the path to improve the legal protection of artificially bred wild animals: at the legislative level,adopt the legislative concept of "restricted use",improve the legislation of the animal welfare system,speed up the timeliness of updating the lists,improve the social governance system,and establish wildlife protection.Volunteer system;at the level of administrative supervision,speed up the comprehensive popularization of special signs,strictly enforce the conditions for licensing applications,and promote collaborative governance under the leadership of the government;at the level of judicial application,improve the responsibility system,and unify the scope of application of the criminal law in cases of artificial breeding of wild animals.Sentencing standards,take the CITES Convention as a scientific basis for law enforcement,and strengthen the connection between administrative responsibility and criminal responsibility.