Research On The Crime Of Illegal Fishing Of Aquatic Products

In recent years,the occurrence of illegal fishing of aquatic products continues to be high,which is the result of the intensified contradiction between economic and social development and ecological and environmental protection.Since illegal fishing of aquatic products is seriously infringing on the legal interests of the social public order and ecological security,so how to scientifically sort out and summarize the phenomenon,nature and controversial issues of illegal fishing of aquatic products,and discuss effective countermeasures against illegal fishing of aquatic products on this basis,has dual benefits for the protection of social public order and ecological safety in our country.Our country’s Criminal Law has relatively simple legal regulations on the crime of illegal fishing of aquatic products,and there are also deficiencies in relevant legal interpretations.The existing regulations are difficult to deal with criminal disputes arising in judicial practice.In view of the current judicial practice of the crime of illegal fishing of aquatic products in my country,this article intends to start with an overview of the crime of illegal fishing of aquatic products,select typical judicial precedents to summarize the focus of disputes,extract the legal issues caused by the focus of disputes,and on the basis of analyzing these problems,put forward feasible countermeasures for the crime of illegal fishing of aquatic products in our country.This article has four parts: The first part outlines the basic problems of illegal fishing of aquatic products.Focusing on the three clues of conceptual analysis,general characteristics and judicial identification,first analyze the concept of crime,summarize legal characteristics and essential characteristics,and define the content of illegal fishing of aquatic products based on the three elements of criminal illegality,social harm and punishment;Secondly,it summarizes the characteristics of the crime of illegal fishing of aquatic products,and summarizes the three specific characteristics of the crime of infringement of legal interests compared with other crimes,the typicality of administrative offenders,and the chain of crime patterns;Finally,it summarizes the illegality based on the general situation of our country’s legislation.The main points of judicial identification of the crime of fishing aquatic products are used as the theoretical support for studying the crime of illegal fishing of aquatic products in judicial practice.The third part summarizes the reasons for the focus of controversy as the unclear legal basis for the determination of illegality,the defects of judicial identification and confiscation mechanism,the defects of penalty setting and application,and the divergence of legal issues based on this as the starting point,focusing on the crime of illegal fishing of aquatic products.Specific problems in this field include: vague definition of criminal elements,doubtful scope of subjective elements "knowingly",general identification of "serious circumstances",irregular identification and confiscation of the subjects,different judgments in the same case for confiscation of fishing vessels,dilemma in the application of ecological restoration responsibilities,the job behavior lacks the basis for sentencing,the crime,responsibility and punishment are not compatible,and deconstruct and analyze these problems.The fourth part puts forward countermeasures and suggestions for solving the problem of illegal fishing of aquatic products in our country.From three aspects:improving the legal basis for identifying illegality,improving the mechanism of criminal tool identification and confiscation,adjusting the setting and application of penalties,respectively,we put forward specific,clarified,scientific,and specialized countermeasures,in order to provide reference for effectively preventing and punishing the crime of illegal fishing aquatic products in China.