| In the living environment of human beings,aquatic resources are gifts given by nature to human beings,and are important components of natural ecosystems,especially water ecosystems,which have important economic,ecological and environmental protection value for human beings.The protection of aquatic resources is an important part of protecting the water ecological environment,and it is the requirement of implementing the system of ecological civilization proposed by the Central Committee of the CPC,promoting the harmonious coexistence of human and nature,implementing the most strict ecological environment protection system and promoting green development.At present,the awareness of the protection of aquatic resources is also rising in the world.It has become a consensus of the international community to protect aquatic resources through criminal law.China has abundant aquatic products resources,but driven by economic benefits,aquatic resources are still suffering from damage.As the last defense against the illegal acts of society,the crime of illegal fishing for aquatic products is of great significance to the protection of aquatic resources.However,the crime of protecting aquatic resources in China started late.The crime of protecting aquatic resources is mainly illegal fishing of aquatic products.It was established in the criminal law since 1979,and then it was modified and perfected in1997,After 20 years of revision and implementation,it is not suitable for the current social and economic development situation.There are still many problems in legislation and practice,which need to be further improved.Facing the problems of criminal protection of illegal fishing of aquatic products and the current situation of protection of aquatic products resources and aquatic ecological water environment,it is urgent to strengthen the criminal protection of aquatic resources,and it is necessary to improve the crime of illegal fishing of aquatic products.The crime of illegal fishing of aquatic products has some problems in legislation,such as unreasonable provisions on crime,incomplete protection system of aquatic products resources,imperfect punishment measures,etc.,including unclear criminal objects,defects in conviction and sentencing standards,lack of criminal protection of Pro fish,lack of criminal legislation on follow-up actions of non legal fishing products The problems of the absence of the "key medium" criminal law protection for aquatic animals’ survival,the lack of regional differentiation protection for various types of waters,the institutionalized and standardized measures of restorative punishment,and the unclear amount of penalty are also discussed.In judicial practice,there are some problems such as unclear standard of case transfer and poor connection of transfer evidence.The improvement of illegal fishing of aquatic products should adhere to the position of priority protection of ecological value,give priority to the protection of water ecology and protect aquatic resources;In legislation,the legislative crime of illegal fishing of aquatic products should be reconstructed,the object of crime should be clarified and the standard of conviction and sentencing of illegal fishing products should be improved;The system of aquatic products resources protection should be extended,the protection of the pro fish law should be carried out,the criminal legislation for the follow-up of illegal fishing products should be improved,the key medium for aquatic animals’ survival should be protected by criminal law,and the various waters should be protected by regional differentiation;We should improve the punishment measures,promote the institutionalization and standardization of the restorative punishment measures and improve the allocation of the fine punishment.In judicial practice,we should clarify the case transfer mechanism and improve the channel of evidence connection. |
