| The first part of this paper starts from the provisions of the national legislation on the crime of illegal hunting.According to the Criminal Law,those who do not abide by the relevant protection system of wild species,hunt in areas prohibited by the state,during periods prohibited from hunting,and use tools and methods prohibited by law to severely damage wildlife resources shall be investigated for criminal responsibility.As well as the analysis of the crime constitutive elements of this crime,further clarify the legislation of this crime.The second part analyzes 4798 judicial documents.The characteristics of the crime of illegal hunting in the specific application process were observed through the statistical summary of 4798 judicial documents covering 30 provincial administrative regions of China.The subjects of the crime: the defendants have a relatively low level of education,most of them are male,and most of them belong to farmers.Objective aspects of crime: Firstly,the hunting tools and methods used by the perpetrator keep up with the pace of the society and constantly update;The use of crime methods from a single to complex,from low-level to high-tech development.Secondly,although the number of cases committed by gangs is relatively small,the damage caused to wildlife is large.Finally,the species of wild animals hunted by the offenders are mainly concentrated in the relatively fast reproduction of rats and birds.The third part looks at the legal application of illegal hunting crime from judicial practice.There are the following problems in the judicial application of this crime:first,the scope of conviction of this crime is enlarged,which is reflected in the inconsistency between the determination of "serious circumstances" of this crime and the Criminal Law and the Wildlife Protection Law of the People’s Republic of China;Judicial interpretation confuses general administrative illegal acts with criminal acts;And the judicial interpretation of the "serious circumstances" simply add up to lack of scientific basis.Second,the understanding of illegality is not standardized.Third,the legislative expression of the object of protection is not clear.The provisions on this crime in judicial Interpretation of Hearing Criminal Cases of Destroying Wildlife resources cause judicial judgment to deviate from the original intention of legal provisions and fail to achieve the maximum effect of protecting wildlife resources.The risk of damage to wildlife resources is not reduced,and some notable "misdemeanors" are unnecessarily punished.The fourth part puts forward some suggestions on the law application of illegal hunting crime.In view of the disunity between theory and practice of this crime,it is necessary to reorganize the legal provisions of this crime.Through the standard analysis of the provisions of the Criminal Law on the crime itself,from the legislative level of the legal provisions of the re-analysis,reflecting on the provisions of the "Judicial Interpretation of hearing criminal cases of destroying wildlife resources" on the crime,from three aspects of specific countermeasures and suggestions to improve the judicial interpretation.The final conclusion summarizes the main points of the paper,that is,it is necessary to analyze the legal provisions of this crime from the legislative point of view,and then solve the problem of the disunity between legislation and judicature through supplementary judicial interpretation,in order to provide ideas for further improving the environmental rule of law of wildlife protection in the future. |
