Research On The Application Of The Crime Of Illegal Fishing For Aquatic Products

As a part of environmental factors,the protection of aquatic resources is of great significance for protecting the ecological environment and realizing ecological civilization.The current phenomenon of illegal fishing is not only causing damage to aquatic resources,but also destroying the ecological environment of waters and endangering aquatic biodiversity.Criminal law is the most severe legal method for combating environmental crimes.By applying the crime of illegal fishing of aquatic products,it effectively combats serious illegal fishing,better protects aquatic resources and the ecological environment of waters,and provides a powerful force for the realization of ecological civilization.Guarantee of the rule of law.The application of the crime of illegal fishing of aquatic products refers to the application of the crime of illegal fishing of aquatic products in judicial practice.In the current application of the crime of illegally fishing aquatic products,the number of sentences is showing a clear increase,the regional characteristics are obvious,the application rate of probation is high,and the harmful consequences are getting serious.At present,there are the following problems in the application of the crime of illegally fishing aquatic products: First,the accomplice of the crime of illegally fishing aquatic products is suspected;Consider more ecological restoration factors,lack of substantive obligations during the probation period;third,the crime has low sentencing standards,insufficient penalties,single types of penalties,and no non-penalties Measures,unreasonable punishment settings lead to serious ecological losses causedby crimes and crimes and punishments are not suitable.Therefore,in order to improve the application of the crime of illegally fishing aquatic products,we should start from three aspects: first,reasonably determine the accomplices responsible for the crime of illegally fishing aquatic products;Consideration factors,apply probation with caution,increase the obligation of ecological restoration during the probation period,strengthen the supervision of the implementation of the probation after the application of the probation,and ensure the implementation effect;third,improve the penal system for the crime of illegal fishing of fishery products through legislation Improve the sentencing standards,improve the application of fine penalties,set supporting non-penalty measures,improve the penalties for illegal fishing of aquatic products,and better punish and prevent illegal fishing of aquatic products.