Study On The Identification Of "Rare And Endangered Wild Animals" In Criminal Law

In the judicial practice of the crime of rare and endangered wild animals,due to the concept of "rare and endangered wild animals" as a mechanized cognition,there have been many "strange cases",such as Shenzhen parrot case and so on.In fact,the relevant acts in these cases are not harmful to society,but they are found guilty.Therefore,it is necessary to study them from the theory of criminal law.This paper is divided into three parts:The first part focuses on the practical investigation of the identification of "rare and endangered wild animals" to find out the causes of problems in reality.In this part,by combing the current situation of legislation and exploring the phenomena in judicial practice,it is pointed out that the key to the problem lies in the Supreme Court of 2000,"Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Damage to Wild Animal Resources"(Hereinafter referred to as "Animal Case Interpretation"),which is applicable in criminal justice practice.However,there are considerable defects in the definition of "precious and endangered wild animals".The second part focuses on the identification and analysis of the relevant theories of "rare and endangered wild animals".First of all,with regard to the legal interests protected by such crimes,the author believes that the interpretation of their legal interests should be based on the position of anthropocentrism,and the substantive legal interests of such crimes should be interpreted as rare and endangered wildlife resources.Secondly,the position of normative interpretation should be based on formal interpretation,on which the substantive illegality should be judged on the basis of national predictability.Finally,it is pointed out that the interpretation of "rare and endangered wild animals" should follow the criteria of relative independence.The third part focuses on the return to judicial practice,explaining the specific application of "rare and endangered wild animals".The first section reconstructs the concept elements of "precious and endangered wild animals",redefines the dead bodies of wild animals and artificially bred wild animals,and applies them to judicial practice in the second section.The third section puts forward the path of perfection,through the revision and supplement of the directory and explanation,and the coordination of the connection between execution.