Reflection On The Irrationality Of "The Case Of Catch Birds From Nest"

The vast majority of hot cases are on the edge of the rules and the definition is ambiguous.Therefore,“everyone has his own reasons”.satisfying the people within the regulations,it needs the judges' rich ability.As one of the hot cases,“The case of catch birds from nest” is not in the majority,but it is not difficult,even quite simple.the verdict has not been able to persuade a considerable part of people.Scholars have expressed their views on this issue,but the vast majority of their preconditions are based on affirming that the judge's decision is lawful and that punishment is strictly based on relevant regulations.Among these viewpoints,there are only three points that are worthy of being interested in.The content of this paper centers on these three points.First of all,the penalties are not reasonable.The scholars unanimously criticize the issue of the Penalty Provisions on?The interpretation of law on the specific application forthe trial of criminal cases about wildlife resources?,the question of the penalty is not elaborate enough.The“one size fits all”setting did not take into account the actual circumstances of specific cases.After the court encountered a case like“The case of catch birds from nest”,the verdict can not meet people's expectations.However,this view does not take into account the following two questions:First,although the“numerical criminal”may face a small scope of special cases,such as“The case of catch birds from nest”,it may be“unreasonable”and affect the micro-jurisdictional environment.However,detailed regulations will make the judical administration,collecting information and others' costs overwhelmed.Not to mention the extralegal issues,such as the quality of Chinese judges;Secondly,due to the influence of the“human-centered” animal “resource idea” and the people's expectation of animal protection,they are not broad and detailed."numerical criminal" has become a legislative option.Secondly,in the age of legal crime,the daily logic of the people can not meet the development of the types of crime,therefore,“illegal recognition”in this case is one of the factors that need to be considered in the process of sentencing.This view presupposes a premise that people have roughly the same expectations of the legal knowledge.In the process of popularization of law in our country,the legal knowledge of non-pure knowledge cannot convey the core content to the people.The compulsory communication method does not“connect” with the people.Therefore,the premise of “illegal recognization necessarily” is Weakened.At the same time,as a means of laying power,when the traditional law of order is broken,there must be friction and conflict with the new order,and“The case of catch birds from nest”is one of many conflicts.Second,public opinion is naturally perceptual,and at the same time,it will be influenced by individual cultural types and cultural cognition.In addition,the general public's knowledge level and knowledge are limited,which will also aggravate the dispersal of people's same expectations.The premise of “Illegal recognization necessarily” is weakened once again.Finally,the media through processing text in order to seize people's eyeball,and increasing the click rate,this is indeed one of the culprits.It is undeniable that the media has played a role in promoting the attention of the cases.However,in the era of social group media,due to the tremendous changes in the way the original information was conveyed,people with the same views and interests are more likely to form an online community.In addition,under the psychological effect of confirming errors and cognitive shortcuts,individuals various understandings and even prejudices are strengthened.Judicial trials need to be alert to new issues in the face of the era of social group media.