Research On The Crime Of Illegal Acquisition And Sale Of Precious And Endangered Wild Animals And Their Products

Wildlife resources are important for maintaining biodiversity and ecological balance.With the development of society,the scope of human activities has gradually expanded and the survival rights of wildlife have been threatened.Protecting wild animals,especially precious and endangered wild animals,has become a consensus of the society.In the judicial practice,the illegal sale and purchase of precious and endangered wild animals have repeatedly occurred.As the most stringent protection method in the law,the criminal law is an inevitable choice for intervention in the protection of wildlife resources.With the increase in the number of crimes,some legislative and judicial problems have gradually emerged.In recent years,there have been a number of cases of social controversy,which has led to a heated debate among the public on this crime.This article attempts to use the case analysis method to systematically study the problems existing in the crime and make recommendations,in order to push the relevant departments to think about the criminal conviction,sentencing,as soon as possible to modify the judicial interpretation in order to achieve the unity of legal effects and social effects.The first chapter introduces the research background,research significance,legislation status,research methods and difficulties of illegally selling and acquiring precious and endangered wild animals from a macro perspective.The second chapter takes the case of "Shenzhen Parrot Case","The Case of Henan College Students Storking Birds" and "Yang Sheng’s Case of Illegal Sale of Precious and Endangered Wildlife Products" as the entry point.It briefly introduces the case of three cases and analyzes three cases.The focus of the dispute in the case sums up the problems existing in the judicial practice in this crime.The third chapter is the key chapters of this article.It systematically analyzes the problems existing in this category of crimes in practice,mainly including: The current judicial interpretation explains the artificial breeding of wild animals as an analogy of the "precious and endangered wild animals" of the criminal law,and beyond The scope of criminal law protection;the act of selling artificially-bred wild animals without a license;the minor circumstances are administrative violations and shall not be criminalized;China’s criminal law has not yet regulated the behavior of the “held” precious and endangered wild animals.The sale of precious and endangered wild animals cannot be categorized as an attempted crime;the “knowledge” in the criminal law provisions not only requires the perpetrator to recognize the natural attributes of the criminal subject but also to recognize the social attributes.The fourth chapter makes recommendations on the illegal sale and acquisition of precious and endangered wild animals in accordance with China’s national conditions.The judicial interpretation should explain the concept of “precious and endangered wild animals” in the current criminal law to reduce the explanation and encourage the artificial domestication and breeding of precious and endangered wild animals.At the same time,the Judicial Interpretation revised the criteria for the determination of a single crime and set a reasonable gradient for sentencing.At the time of sentencing,it is also necessary to focus on the subjective viciousness of the defendant,and pay attention to the application of fines and other non-penalty measures.