Research On The Judicial Identification Of Criminal Objects In Crimes Of Destroying Wildlife Resource

For a long time,theorists and practitioners have different views on whether the interpretation of "precious and endangered wildlife" in the crime of destroying wildlife resources stipulated in paragraph 1 of article 341 of the criminal law should include artificial provenances.In 2016,after the parrot case in Shenzhen attracted widespread public attention,the attitude towards the judicial interpretation of listing wild animals of artificial provenance as the object of protection,combined with a series of minor and essentially innocent but convicted cases such as multi cause acquisition and trafficking in artificially bred wild animals,inevitably led to public doubts about the rationality of the judicial interpretation.Theoretically,the key to ensuring the rationality of judicial interpretation lies in the substantive judgment of the word meaning category of a concept,that is,the content review from the perspective of the substantive legal interests of relevant charges.The original intention of carrying out artificial breeding of wild animals comes from two aspects:protection and utilization.From the perspective of the practice of wild animal breeding,there will be no obvious difference between the two kinds of artificial animal breeding.However,at present,there are one size fits all mechanized provisions in the judicial interpretation,which lack the understanding of the purpose of criminal law norms,and do not pay attention to the difference between the impact of artificial and wild provenances of wild animals on the protection of animal resources,which also leads to the deviation of the processing results of relevant cases in judicial practice.Therefore,when revising and improving the judicial interpretation,we should avoid mechanized provisions,fully consider the relationship between artificially cultivated wild animals and the whole wild animal resources,clarify the correct concept of legal interest protection in criminal law,distinguish different animal species,and apply the provisions of different levels to improve the concept of wild animals.