Judicial Cognizance And Sentencing Of State Key Plant Protection Crime Of Illegal Acquisition, Transportation And Sale

With the development of social economy,people’s demand for living environment and taste has been improved,which results in the occurrence of cases involving the state’s key protection of plant crime.These cases should be dealt with in judicial practice,but because of the general provisions of the law and operational problems,mechanical application of the law,it is easy to cause the divergences between crime and non-crime.The author chooses Wang,Yang and other cases as examples,deeply analyzes and combs the case,summarizes the controversial focus of the case,takes the controversial focus as the breakthrough point,analyzes the constitutive elements of the crime of illegal acquisition,transportation and sale of state key plant protection,and then analyzes and determines the crime and non-crime in this case.The article is divided into three parts.The first part is brief case and controversial focus.This part of the case was collated and refined,and analyzed and summed up the controversial focus: whether Yang’s behavior constitutes illegal acquisition,transportation,sale of state key plant protection crime and sentencing issues.The second part is the application of law and case evaluation.On the basis of analyzing the constituent elements of this crime,this part analyzes and demonstrates the controversial focus of the case with the behavior of the defendant.In this case,yang was involved in the purchase,transportation and sale of yew and ancient tree pockets.The yew transaction involved sentencing disputes which include sentencing bias,sentence calculation errors and master-slave issues.After analyzing the case evidence and law,it was concluded that Yang’s sentencing was not inappropriate for “serious circumstances”;the calculation of the sentence was wrong;Yang only played a supporting role in the transaction and s hould be identified as an accomplice in the crime of illegally selling key national plants.The biggest controversy in this case is whether Yang’s purchase,transportation,sale of dried tree pockets constitutes illegal acquisition,transportation,sale of state key plant protection crime.Specifically from the theoretical analysis of the crime,and then combined with the case from the object,subjective aspects of the study,Yang acquisition,transportation,sale of ancient tree pockets are not prohibited by law,Yang does not constitute the crime.The third part is thinking and suggestion.This part will comment on the defects of the opinions and put forward corresponding suggestions.At the same time,the author thinks that the defense in the early stage is greater than the punishment in the later stage,so some suggestions on forest resources protection will be put forward.