Determination Of "Serious Circumstances" In The Crime Of Illegal Fishing For Aquatic Products

The legal application of illegal acts is vague.Catch,which is often not stated in legal documents.The "plot" of the crime,resulting in a low degree of public acceptance of such judgments.Therefore,it is very important to determine the "serious circumstances" in the crime of illegal fishing for aquatic products.A first of all,the protection of the legal interests of a crime plays an important role in the identification of a crime.Crime is an infringement of legal interests,and the purpose of criminal law is to protect legal interests.The legal interest in criminal law refers to the life interest protected by criminal law,and the legal interest of environmental crime should reflect the ecological anthropocentric legal interest theory of protecting individual legal interest.Even the plot crime with Chinese characteristics can not be separated from the theoretical division of the type of crime in criminal law.From the analysis of local environmental elements,the crime of illegal fishing for aquatic products belongs to the specific dangerous crime.Therefore,it is necessary for the judge to make a specific judgment when determining the "serious circumstances".A secondly,it is necessary to reiterate that the "serious circumstances" in the crime of illegal fishing of aquatic products belong to the incriminating clause and are the constitutive elements.As for the system orientation of "serious circumstances",we should follow the theory of "overall illegal evaluation elements",and the judgment of "serious circumstances" must focus on the protection of legal interests and illegal elements of this crime.Combined with classical cases,through the analysis of Article340 of the Criminal Law by the method of substantive interpretation,we can see that "serious circumstances" belong to the constitutive elements.In order to clarify the "serious circumstances" in administrative law and criminal law,we should comprehensively consider many factors,such as the degree and scope of damage to natural resources,the scarcity of resources and so on,according to the objective aspect indicating the degree of infringement of legal interests.Finally,the judgment of the "serious circumstances" of the crime of illegal fishing of aquatic products can be combined with the facts of the case,such as the number and scale of the act itself,and combined with the tools and methods of illegal fishing,combined with fishing area and time,in order to achieve a balance between crime and punishment in the judgment of the judge,so as to make a fair judgment.