Analysis On The Case Of Illegality Catching Precious And Endangered Species Of Wildlife By Yan Et Al

Although Article 341 of the Criminal Code provides that the crime of illegal hunting of rare and endangered wild animals sin forms can only be intentional.But the article and the relevant judicial interpretation of the crime did not have the illegal awareness of the provisions,Academic circles controversial,this also leads to different attitude around the court recognized the illegal nature of this crime situation in judicial practice,the case of Yan and others illegal hunting of rare and endangered wild animals reflects the chaos.Whether it should be the perpetrators of illegal awareness as a prerequisite about the crime of illegal hunting of rare and endangered wild animals,the main points of the academic community is no need theory and need theory.Non-essential theory account that illegal awareness is not a necessary condition to identify this crime,Essential theory account that illegal awareness is a necessary condition to identify this crime.According to the principle of legality and the requirements of criminal law modesty,the identification of this crime should be based on the perpetrators of illegal awareness as a prerequisite.The presumption of illegal awareness can be based on the time,place and related behavior of the perpetrator,the transaction price,the way and the situation of the acquirer,the general level of local awareness and the publicity of the popular law,the cultural level of the actor,the age and social experience.Accordingly,the case of Yan should be identified he do not have illegal awareness on the behavior of hunting Falco subbuteo at the first time,and In the second hunting has been an illegal awareness on the second time.The case of Liu should be identified he has not illegal awareness on the behavior of hunting the Chrysolophus pictus.The case of Zhao should be identified he has an illegal awareness on the behavior of hunting the Trachypithecus francoisi.Innocent,the court on Yan,Liu's penalty is unreasonable,Zhao's penalty is appropriate.Given the problems exposed by the three cases,this paper presents three recommendations,which is identify this crime should pay attention to inspection the illegal awareness of defendant,judiciary should establish a scientific and objective identification system of illegal awareness,the court should attach importance to the interpretation of the verdict.