| As an important part of the ecological environment system,the value of wildlife resources is more prominent in the era of advocating the construction of ecological civilization.In the post-epidemic era,people pay more attention to the role of wildlife resources in the field of public health and safety.With the development of social economy,wildlife protection is facing new problems and tests.As the last barrier,it is necessary and important to study and strengthen the protection of wildlife resources from the perspective of criminal law.Therefore,this paper takes wild animals as the research object to analyze the problems existing in the criminal law protection of wild animals,and provides ideas for the criminal law protection of wild animals in China.This article is divided into five parts: The first part is the introduction,which elaborates the purpose and significance of wildlife criminal protection as the research object of this article through combing the national policies and scholars’ research related to wildlife criminal protection.The second part is an overview.Through the analysis of the concept of wildlife,the necessity of criminal protection of wildlife,and the development process of criminal protection of wildlife resources in China,the research object and scope of this article are clarified.The third part mainly elaborates the problems existing in the criminal law protection of wildlife in China from the legislative and judicial aspects.The problems existing in the legislation are: the narrow scope of the criminal law protection of wildlife,the neglect of the ecological legal benefits of wildlife,the imperfection of the criminal law sanctions,the defects in the criminal law protection of "three kinds of animals",and the lack of related charges of wildlife crime;The judicial problems are: the function of fine penalty is difficult to play,there is an objective tendency of imputation in practice,the judge’s conviction and sentencing standards are not clear,and the judicial identification of wildlife is not standardized.The fourth part is mainly about the current situation of wildlife criminal protection in Russia,Brazil,Germany and the United States,as well as the enlightenment to China’s wildlife criminal protection.The fifth part is mainly to put forward suggestions for improvement.In terms of legislation,we should expand the scope of protection of wildlife criminal law,attach importance to the ecological legal benefits of wildlife,adjust the penalty system of wildlife crime,improve the protection of "three animals",and add relevant charges of wildlife crime;Judicial aspects: improve the implementation mechanism of fine penalty application,increase the relevant criminal law provisions on subjective identification,standardize the sentencing standards for crimes of destroying wildlife resources,and build a perfect judicial identification system. |
