An Empirical Study On Judicial Judgment Of The Crime Of Illegal Fishing Of Aquatic Products

Social development is changing with each passing day,and things are changing like clouds and dogs.With the development of science and technology and economy,the population continues to grow and the supply of fishery resources becomes tense for a while.Therefore,in order to protect the fishery resources that people usually neglect and construct a better development framework of ecological environment optimization,criminal law,as a powerful means of social governance,is bound to "make the best use of everything",which requires legal means to protect resources.The main method used in this paper is empirical analysis,which is mainly to collect and analyze the relevant data,combine theory with practice to analyze and solve the problems existing in the judicial practice of the crime of illegal fishing of aquatic products,and provide some suggestions.The details are as follows.The first chapter is to analyze the basic situation and reflection of the blueprint.The author mainly through consulting the public information of courts at all levels in Jiangsu Province and the judgments published on the Internet through Chinese judgment documents to investigate and select the relevant cases of the crime of illegal fishing of aquatic products in Jiangsu Province for five years from 2014 to May 1,2018.The statistical cases are sorted out and compared,and the linear model probit is used for data analysis.Summarize the sentencing circumstances,sentencing period and fines,and the use of supplementary measures of penalty related to this crime in five years,such as the time of judgment,the basic situation of the defendant,voluntary surrender,accomplice and post-processing of the case,which lays a foundation for the following analysis.The main problems focus on the identification of the object of crime and the assumption of criminal responsibility.Chapter two is to explore the causes of the problems in the case samples.Through the summary of the problems mentioned above,this paper aims to analyze the causes of the crime.There are mainly two points as follows: First,different environmental concepts affect the identification of criminal objects in judicial practice.Secondly,the criminal punishment system of the crime of illegal fishing for aquatic products is imperfect.Chapter three is the suggestion of perfecting the criminal regulation of the crime of illegal fishing for aquatic products.Aiming at the problems existing in the crime of illegal fishing for aquatic products,this paper puts forward relevant suggestions after analyzing the reasons.Firstly,in judicial practice,we should establish a modern anthropocentric environmental concept and straighten out the relationship between the protection of fishery resources and economic development.Secondly,measures should be taken to improve the criminal punishment system in the crime of illegal fishing for aquatic products.