Re-analysis On "Serious Circumstances" Of Illegal Fishing For Aquatic Products At Sea

In recent years,with the in-depth development of special actions,the crime of illegal fishing for aquatic products at sea has gradually increased.Although the criminal law and judicial interpretation have relatively simple provisions on the crime of illegal fishing for aquatic products,due to the particularity of the maritime law enforcement environment,the variability of relevant administrative provisions,the lag of legal provisions and other reasons,disputes have arisen over whether some situations are "serious in circumstances" during the handling process.However,because the law does not clearly stipulate,it is not clear whether some acts are "serious".With the collectivization operation of illegal fishing,the behavior of some behind-the-scenes bosses has far exceeded the "serious circumstances".However,due to the lack of legal provisions,punishment cannot be considered as a crime.This paper discusses the existing problems,causes and countermeasures respectively.In the practice of dealing with illegal fishing for aquatic products,whether the illegal fishing across the sea during the fishing ban period,illegal fishing for stolen goods,and slight resistance to law enforcement when being investigated and dealt with can be regarded as "serious",the harmfulness of illegal fishing in group operation has far exceeded that of ordinary illegal fishing,and the punishment cannot be given a heavier punishment.There are many reasons for the problems,including laws and regulations.For example,the laws and regulations are no longer in line with reality.There are also practical operational aspects,such as great limitations in obtaining evidence at sea;There are also problems in the process of implementation,such as changeable administrative norms and practical difficulties in administrative management.According to the existing problems and reasons,the countermeasures are put forward from the aspects of unifying administrative norms,perfecting laws and improving evidence collection standards.Among them,unifying administrative norms is the way to fundamentally solve the possible problems of illegal cognition.Refinement and strengthening of the "serious circumstances" of the crime of illegal fishing for aquatic products and the addition of "especially serious circumstances" are the methods to solve the convergence of criminal laws and the disconnection from reality.Raising the standard of evidence collection is a supplementary way to solve the problem that punishment is arbitrary and cannot reflect the principle of suiting crime to punishment.This article mainly discusses from the following aspects.The first part is about the problems existing in the determination of "serious circumstances" of the crime of illegal fishing for aquatic products at sea.Among them,the analysis of "fishing with prohibited tools or methods during the fishing ban period or in the fishing ban area" focuses on the discussion of changing the operation mode,cross-sea fishing during different fishing ban periods,and whether the behavior of the fishing vessel supplier can be criminalized.For "illegal fishing on the high seas,causing serious impacts",the analysis focuses on what constitutes "causing serious impacts".This paper discusses "other serious cases" on illegal fishing with the purchase and sale of stolen goods,and whether evading law enforcement in the process of investigation is "serious cases".In addition,this paper analyzes whether the attempt and preparation in the crime of illegal fishing for aquatic products at sea can be dealt with as "if the circumstances are obviously minor" and whether there is any conflict with the determination of "if the circumstances are serious".The second part is the analysis of the causes of the existing problems.First of all,the legal and judicial interpretation is weak or has lagged behind,unable to cover some new situations and new acts;Secondly,the changeable and non-uniform administrative regulations lead to new problems in practice.Finally,the particularity of the evidence-gathering environment for the crime of illegal fishing for aquatic products at sea results in low recognition.The third part aims at the existing problems and reasons and puts forward the countermeasures.First of all,improve the legal regulation,including refining the "serious circumstances",specifying the "serious impacts" of high seas fishing and adding the "especially serious circumstances" provisions;Secondly,unified marine fishery administrative norms;Finally,improve the standards of maritime forensics.