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On The Criminal Protection Of China's Precious And Endangered Wildlife Resources

Posted on:2018-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y F LuFull Text:PDF
GTID:2346330518461634Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Ecological civilization construction has become the era theme,the protection of the biodiversity relationship to the entire ecosystem balance and persistent,including rare and endangered species of wild animal protection is an important part of can not be ignored.Along with the development of the economy,medicine,science and technology,the deepening of the understanding of wildlife research and,economic value and scientific value of wild animals had significant new understanding,this led to the wanton looting of wildlife resources,has given rise to a series of smuggling,hunting,killing,sale and transportation of precious and endangered wildlife crime.In order to increase the protection of rare or endangered wildlife resources,our country criminal law stipulated a series of damaging wildlife resources,relevant laws and regulations to protect wildlife resources also made specific provision,to a certain extent played to prevent and inhibit the crime of damaging wildlife resources,but on the reality of it,both legislative and judicial aspects,criminal law protection of wildlife resources are still many deficiencies and problems.Paper according to the logical sequence of what,why,how to do,respectively discusses definition of rare and endangered species of wild animals,the problems existing in the protection of criminal law,criminal law protection of Suggestions,the thesis is divided into four parts:The first part of the thesis,starting from the rare or endangered wildlife itself,with layers of propulsion method,from the different point of view of ecology,administrative law,criminal law defining the rare and endangered species of wild animals,the foundation of a good groundwork for the later discussion research.The second part of the thesis,mainly from two aspects of legislation,judicial analysis of precious and endangered wildlife resources of the criminal law protection in our country the status quo and problems.By analyzing the historical development and present situation of animal protection legislation in our country,the problems existing in the criminal legislation to explain my;By means of rare and endangered wildlife resources protection of criminal judicial status quo,summarizes the plight of the judicial practice.The third part of the paper,comparison and analysis of foreign animal protection present situation and characteristics of criminal legislation,it is concluded that the criminal legislation on protection of rare and endangered species of wild animals inChina.And combining with the legislation of paper in the second part puts forward problems,from critical habitat for sin,modify the legal penalty to configuration,coordinate with the administrative laws,such as three parts,this paper improve the criminal legislation on protection of rare and endangered species of wild animals in China.The fourth part of the paper,based on the above proposed judicial predicament,on the cognizance of subjective knowledge,processing the processing of behavior,the cognizance of the body of wild animals,wildlife and its products sets forth the specific value identified four aspects,trying to row suspected interpretation for the judicial predicament,to contribute to reassure debate.
Keywords/Search Tags:Wild animals, Protection, Crime, Criminal responsibility
PDF Full Text Request
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