Judicial Determination Of The Crime Of Illegally Hunting,purchasing,transporting And Selling Terrestrial Wildlife

"Criminal Law Amendment(11)" newly added the crime of illegally hunting,purchasing,transporting and selling terrestrial wild animals.Judicial determination of this crime includes generalization of the scope of terrestrial wild animals,lack of proof for "food purpose"," The plot is serious” and the standard is blurred.Under the legislative background of epidemic prevention and control,bio-sanitation security should be regarded as the legal interest of this crime.The legal interest of bio-sanitation is the state in which the public health is not infringed by natural biological viruses.Under the legal interests of bio-sanitation,it should be based on the degree of risk of terrestrial wild animal disease transmission,and through the "black and white" list system,the criminal objects of this crime should be reasonably divided.Illegal hunting and illegal hunting have an imaginary competition and cooperation relationship.The degree of infringement of legal interests should be judged within the composition of their respective crimes,and the crimes with "heavier factual circumstances" should be determined;acquisition,transportation,and sales should be of a certain scale.Individual scattered,individual illegal circulation,illegal acquisition,sale and coopetition of cover-up and concealment should be determined based on upstream behavior.The determination of "food for the purpose" should be limited to "for the purpose of public consumption",excluding the perpetrator’s "self-consumption purpose",and a comprehensive investigation should be combined with the seizure location,processing level,location,and packaging instructions.The judgment of"serious circumstances" should be combined with the degree of infringement of legal interests,the number of acts,and organization,and the criteria for determining the"serious circumstances" of this crime in ethnic minority areas should be improved.In order to prevent the generalization of the scope of punishment,according to the legal interests of this crime,the substantive interpretation method should be used reasonably,and substantive convictions should be made for situations lacking substantive administrative elements and behaviors with the possibility of "recovery of legal interests".