Research On Difficult Problems In Judicial Recognition Of Crimes Of Destroying Precious And Endangered Wildlife Resources

With the verdicts which the "Shenzhen parrot case","circus transport wild animals case" and other crimes of destroying rare and endangered wild animal have been exposed by the major media,The identification of the objects of rare and endangered wildlife resources crime has aroused a great deal of controversy.In judicial practices,some courts have identified artificially breeding,which is mature technology and plentiful,as the objects of crime against rare or endangered wildlife,resulting in some cases being deemed guilty,thus making the judgment results difficult to be accepted by the people.On the one hand,The technique of artificial breeding of some protected animals is mature,and the artificially bred animals are plentiful,even some artificially bred animals have been circulated and used as commodities,It is unreasonable to regard the above artificially bred wild animals as objects of crime,it's not accord with the essence of the meaning of rare and endangered wild animals.It is difficult for the public to accept the verdicts that the court does not distinguish between large numbers of artificially bred wild animals as objects of crime.On the other hand,there are too many wildlife protection laws,and the wildlife protection law has been amended too many times.when popularize law is not enough,It is quite possible for the actor to commit harmful acts due to his lack of illegal cognition.However,the court may ignore or consider ignorantia juris non excusat as an excuse for the doer.Based on the current situation of judicial practice as the starting point,this paper analyzes the specific reasons from the perspective of practice to theory,and then puts forward countermeasures.The full text is about 46,000 words,which is divided into three parts besides the introduction and conclusion:The first part shows the problems in judicial identification of the destruction of rare and endangered wildlife crime.The first is the confusion of the judicial identification of target of a crime,including the confusion of the scope of wildlife identification and the varying degrees of protection of artificially bred wild animals.Secondly,problems of the judicial recognition of subjective elements of a crime,including pay more attention to factual knowledge,ignoring the evaluation of knowledge;Lack of evaluation on the illegal cognition,emphasizing the improper practice of ignorantia juris non excusat;determination of the will factor takes behavioral attitude as the core and ignores the importance of the actor's psychological attitude to the outcome.The second part shows the causes of the practical problems in judicial identification of the destruction of rare and endangered wildlife crime.Firstly,the protection standards of target of a crime is confusion,owing to the deviation of the ethical orientation of environmental criminal law,the Inaccuracy of the legal interests of individual cases,the unclear concept of wildlife and the rigid application of court rules.Secondly,the problems presented in judicial identification of subjective elements of a crime are caused by the one-sided interpretation of criminal intent by the court,the ignorance of the particularity of statutory crime,and the lack of the wrong evaluation system of illegal cognition.The third part shows how to solve these problems and puts forward corresponding countermeasures.The first is to solve the problem of judicial identification of target of a crime,by establishing the ethics of co-environmental centralism,emphasize that the legal interest of wild animals is rarity,defining wildlife,establishing the protection system of wildlife reclassification and classification and adding a temporary investigation system of endangered species.Secondly,three Suggestions are put forward for the judicial identification of subjective aspects of crime,which should take the evaluative cognition as the core to judge mens rea,construct the wrong evaluation system of illegal cognition,and determination of crime intention should insist on the will-oriented and result-oriented.