Study On The Legal Status Of Artificial Breeding Offspring Of Wild Animals Crime

Whether the artificially bred wild animals belong to the "precious and endangered wild animals" in the criminal law has been widely discussed by the public after the parrot decision.According to the judicial interpretation,the concept of "precious and endangered wildlife”in the criminal law includes protected wild animals that are domesticated and propagated.This provision of judicial interpretation has caused great controversy.Many people believe that many artificially bred wild animals should not be included in the concept of "precious and endangered wildlife" in criminal law,thus questioning the rationality of judicial interpretation.The rationality of judicial interpretation should be judged from the semantic scope covered by "wild animals",that is,the legal interests of destroying wildlife resources crimes need to be taken as the starting point.Some scholars believe that the legal benefit of the crime is the state's precious and endangered wildlife resources conservation management order,but this does not explain why the court finally imposed a lighter punishment below the statutory penalty on Wang Peng in the case of the parrot.To synthesize the legal nature of China's wildlife as a "object",the legal protection of the crime of destroying wild animal resources should be wild animal resources,which generally refers to wild animal resources from the wild,and should consider artificially breeding wild animals and wild animals.The relationship of resources.Through the different effects of artificial breeding on the protection of wildlife resources,it can be concluded that artificial breeding has both a side that is conducive to species conservation and a side that has a negative impact on species conservation,depending on the actual situation of different species.However,China's judicial interpretation of the one-size-fits-all regulations is too mechanized,and does not distinguish between the different protections of different artificially propagated species,resulting in unreasonable regulations.Judicial interpretation should avoid mechanization when modifying and perfecting,distinguish between different species,and apply different levels of regulations.It is best to supplement the concept of artificial breeding.Artificial breeding offspring should refer to the offspring of breeding originals mated in a controlled environment,and the original species used for breeding cannot be derived from the wild.If originated from the wild,the offspring should be regarded as wild animals from the wild.