The Study On The Crime Of Endanger Precious And Endangered Species Of Wild Animals

As the society develops rapidly,the protection of ecological environment is focused on increasingly.As an important link of ecological environment,wild animal resources play a crucial role in maintaining ecological balance and biodiversity.Besides,China also reinforces the legislation and law enforcement of protecting wild animals.However,as humans expands their social activities,the protection of wild animal resources is in grave difficulties.Therefore,it is imperative to perfect legislation,strengthen law enforcement and enhance legal publicity.It is necessary to protect wild animal resources by strengthening the theoretical researches on the protection of wild animal resources.In Criminal Law,the related provisions on the illegal purchase,sale and transportation of rare and endangered wildlife and their products play a positive role in the protection of rare and endangered wildlife resources.If we think the Committee of the National People’s Congress has enacted the corresponding legislative interpretations with regard to this crime,and the Supreme People’s Court has given the corresponding judicial interpretations in terms of this crime,there are a lot of confusions about this crime in judicatory application.This paper sorts out and researches the confusions in the judicial practices of protecting aquatic rare and endangered wildlife,and it is hoped to provide some useful suggestions on the protection of aquatic wildlife and the maintenance of marine ecological balance.Through case introduction,this thesis sets forth the problems encountered in judicial practices such as the behavioral object and identification means of wildlife products and rare and endangered wildlife and specifically expounds the ways to judge whether it is an accomplished offense or not.In the aspect of conviction and sentencing,this thesis lists the problems in determining the sentencing criterion for this crime and proposes some personal opinions.At the end,related suggestions are put forward to strengthen the protection of wildlife with regard to the problems observed during the practice.