Research On The Difficult Problems Of Crime Of Destroying Wildlife Resources

With the happening of Henan University student catching birds,the crimes of damaging wildlife resources caught the attention of public.Since this kind of crime occurs at a relatively low frequency,sentencing discretion tends to be severe,which causes the various opinions about the case above.From a social perspective,people know little about the value of the rare and endangered species' existence.The excessive killing of the endangered species makes their amount decrease sharply and causes the environmental deterioration heavily.Consequently,this thesis is aimed at integrating all the crimes of damaging wildlife resources and taking it as a whole.With a few typical cases as the breakthrough point,we discuss some difficult problems during the process of dealing this kind of crime in judicial practice and give the possible solutions at the same time.In doing so,we can regulate the action of destructing wildlife resources more orderly.Therefore,we can take more powerful actions to protect the environment and further create the beautiful home.This thesis is divided into three parts.The first part is the objective questions of the crimes of damaging wildlife resources.This part takes the case of illegal feeding tiger in Pingdu of Shandong Province as a point-cut.First of all,it introduces some questions from the point of behavioral pattern for the crimes of damaging wildlife resources,and makes the proposal that we should bring the action of intentional harm and abuse of the rare and endangered wildlife deliberately into the criminal law regulation.At the same,we should also bring the action of illegally feeding and illegally holding wildlife into the criminal law regulation,too.Secondly,it introduces the questions from the point of behavioral object for the crimes of damaging wildlife resources.The second part is the subjective questions of the crimes of damaging wildlife resources.This part takes the case of Henan University student catching birds as a point-cut.First of all,it mainly discusses the illegal cognition problems of this kind of crimes.After that,it analyzes some subjective cognition elements respectively from behavior people's administrative illegality,criminal illegality and social perniciousness.Secondly,it analyzes the crime's effect because of behavior people's wrong cognition,and refutes the case's point that no consciousness of crime is not a crime.The third part is the convictions and sentences questions of the crimes of damaging wildlife resources.This part takes the case of Yan Yecheng selling tiger's meat as a point-cut.Firstly,it analyzes and discusses the calculation method and the punishment standard in quantity about the crimes of damaging wildlife resources.And it makes the advice that we'd better revise the existing standard,and carry out a new and more scientific calculation standard.Secondly,it talks about the value standard of wildlife resources,and proposes a more reasonable calculation method for some wildlife which is endowed with their special value.