A Case Analysis Of The "post-80s Raising Parrots Criminal Case"

In today’s judicial practice,judicial interpretation has become a necessary prerequisite for the application of law.Only through judicial interpretation can the law be excessive to the current situation in specific judicial procedures.While making up for the legislation itself is too macro and difficult to operate,it also brings many problems.In this case,judges of the first and second instance,even as simple natural persons rather than judicial personnel with professional legal literacy,will realize that the judgment in this case may be too heavy and obviously exceed the expectations of the public.However,due to the restriction of some complex factors,they can only be tried strictly in accordance with the legal provisions and relevant judicial interpretations in judicial practice,as long as their judgments conform to the legal form of justice.Righteousness,then fearless accountability.But in this process,does the judgment conforming to formal justice realize substantive justice? Does the judicial interpretation based on it expand or restrict even exceed the legislative intention? If the judgment itself realizes the unity of legitimacy and rationality,the unity of legal effect and social effect,why has the public opinion raised a wave of criticism over the judgment? This question is worth exploring.This case not only fully exposes the shortcomings of the current judicial interpretation in China,but also analyses the problems existing in the current judicial interpretation system itself.At the same time,it provides some reference for seeking the perfection of judicial interpretation and returning to the rule of good law.This paper is divided into five parts.The first part gives a brief account of the basic facts of the "post-80 s parrot-raising criminal case" and the judgments of the first,second and supreme courts;the second part mainly summarizes the controversial focus of the "post-80 s parrotraising criminal case";the third part elaborates the controversial focus of the above-mentioned summary in detail;the fourth part mainly focuses on the judicial interpretation of the "post-80 s parrot-raising criminal case" and makes a deep analysis of the judicial interpretation issues involved in the case.The fifth part elaborates the suggestions to improve the judicial interpretation,and the last part is the conclusion.This article attempts to analyze the controversial focus of conviction and sentencing in the "post-80 s parrot capturing case",so as to analyze the rationality of national protection precious,endangered wildlife-related criminal legislation,judicial interpretation,penalty range and so on,and put forward more reasonable and legitimate judgment standards for the trial of relevant cases in judicial practice and how to correct the relevant judicial interpretation belt.This paper elaborates on the judicial injustice in order to provide some valuable reference for dealing with similar cases,in order to reduce the impact on judicial justice in wildlife protection.