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Research On Perfecting Legislation Of Illegal Catching And Killing Of Precious And Endangered Wildlife

Posted on:2019-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:K LiuFull Text:PDF
GTID:2416330566474697Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The connection between illegal hunting,killing of precious and endangered wild animals and administrative legislation should be improved.Specifically,it is possible to transfer part of the “conviction zone” by amending criminal legislation and raising the threshold for incrimination;or through judicial interpretation.The number of incriminating standards has been raised to improve the convergence with administrative legislation.However,when certain actors are not satisfied with the “serious circumstances” standard and if they have to kill protected wildlife in order to protect their own property,they may be guilty of acquittal.When the perpetrator does not have a clear intention,he or she should be treated lightly or be selected based on the imaginary theory of competing offenders.When the crime is not completed,it is more appropriate to use an administrative penalty instead of penalties to investigate the actor's responsibility.For the current legislation does not distinguish between the "hunting" and "killing" behavior of the status quo,we should amend legislation or introduce judicial interpretations,will not cause the death of wild animals as a condition for mitigating punishment,in order to better achieve the purpose of legislation.For the current legislation,the amount of the circumstances as a measure of punishment is appropriately adjusted to achieve a gradient of sentencing requirements.Finally,in the current legislation,there is no provision for mitigating punishment,and provisions for reducing penalties that have universal applicability should be established.At the same time,in order to better achieve the purpose of protecting precious and endangered wild animals and meet the requirements of recidivism and punishment,appropriate non-penalty punishment measures can be constructed to improve the existing punishment system.
Keywords/Search Tags:Legislative defects, Legislation convergence, Administrative criminal law, Sentencing plot
PDF Full Text Request
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