Mr. Wang Illegal Acquisition,Sale Precious And Endangered Wildlife Case Analysis

The crime of illegally purchasing and selling precious and endangered wildlife refers to the act of purchasing and selling precious and endangered wildlife intentionally by the perpetrator in violation of the provisions of the National Wildlife Protection law,without legal approval or in violation of the approved content.In judicial practice,the judicial organs have convicted and sentenced such cases mainly on the basis of the Interpretation of Several Questions Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Wildlife Resources published by the Supreme People's Court on November 27,2000.However,the judicial interpretation stipulates the precious and endangered wildlife of artificial breeding as the object of criminal law protection and the number of animals only.As the standard of sentencing in cases,these two aspects have aroused great public doubts,even doubts about the fairness of the judiciary.Mr.Wang,a post-80 s man,purchased two parrots,then sold two and "ready to sell" 45 artificially bred parrots.He was sentenced to five years' imprisonment at the first trial of Shenzhen court for illegally purchasing,selling precious and endangered wildlife.The second trial was changed to two years' imprisonment as a typical case.The author reviews the basic facts of the case and the trial situation of the court from the background of the great controversy caused by Mr.Wang's judgment,then analyses the focus of the legal controversy involved in the case judgment from the perspectives of theory and judicial practice,and draws the conclusion that the case is accurate in the determination of crime and non-crime,but there are unreasonable aspects in thesentencing standard of the case,if such cases According to a single standard of quantitative sentencing,it will lead to overweight sentencing in general.Finally,we hope that the national legislature will amend the Judicial Interpretation of Animal Cases as soon as possible,treat and manage wildlife populations artificially bred differently from those in the wild,and change the single quantitative standard of machinery in terms of sentencing standards,which should take into account the quantity and value of wildlife involved comprehensively.At the same time,it is hoped that the judicial organs should not be too mechanical in the application of judicial interpretation in the trial of cases,and should perfect the integration of law and emotion,so that everyone can feel the temperature of the law and judicial conscience.