Study On The Judicial Determination Of Illegal Sale Of Rare And Endangered Wildlife

Wildlife resources,especially precious and endangered wildlife resources,play an important role in maintaining biodiversity and ecological balance.In order to strengthen the protection of precious and endangered wildlife resources,China's criminal law stipulates a series of crimes to destroy wildlife resources.However,from the present point of view,there are still many deficiencies and problems in the criminal protection of wildlife resources,whether it is legislation or judicature,theory or practice.This paper is divided into four parts according to the understanding problem,the analysis problem and the logical order of the problem.: the first part,mainly the basic details of a case of shenzhen parrot case and the verdict was summarized after the basic introduction disputes;In the second part,the dispute focus on the identification standard of wild animals is analyzed from the law,the theory and the practice.In the third part,the author analyzes the form of the theory after the theory of the subjective "knowing" in the crime of wild animals.The fourth part,in view of the nature of the "for sale" behavior,based on the theory of "to" recognition of the differences and introduces the considerations,will prepare and comparing the mens rea said foul,combining case after the conclusion.