Study On Difficult Problems Of Illegal Hunting,Purchasing,Transporting And Selling Of Terrestrial Wild Animals

The addition of the crime of illegally hunting,acquiring,transporting and selling terrestrial wild animals is intended to combat the illegal hunting,acquisition,transportation and sale of terrestrial wild animals that grow and reproduce naturally in the wild environment for the purpose of food in violation of the laws and regulations on the protection and management of wild animals.In the application of this crime,there are difficult problems in protecting legal interests,objective aspects,subjective aspects,and determining the number of crimes.In the theoretical differences of the protection law of this crime,the protection law of this crime should be defined as biodiversity and public health security from the perspective of anthropocentric law and benefit theory of ecology.In terms of objective determination,the "Regulations on the Protection and Management of Wild Animals" is substantively explained,and at the same time it is clarified that the violation of the preceding regulations is a necessary condition for the establishment of this crime,but not a sufficient condition;Among the difficulties in determining objective behavior,the killing is evaluated as a hunting act,the establishment of the acquisition is also determined under the nonmonetary transaction,the establishment of transportation is judged by whether the criminal object is negotiable,and the beginning of the sale is determined by the substantive beginning;In the definition of the scope of the crime target of this crime,the boundaries of the scope of the crime target of this crime should be clarified by the target scope of the crime of endangering precious and endangered wild animals,and the artificial breeding of wild animals should be protected by category;In the specific determination of conviction circumstances,it is necessary to further standardize the value appraisal of the wild animals involved in the case,refine the rules for calculating the cumulative amount of value,and comprehensively determine "other serious circumstances" from four aspects:the mode of conduct,the scale of the conduct,the environment in which the conduct is carried out,and the personal danger reflected by the behavior.In terms of subjective identification,the standard of "the average person in society" is used to determine that the perpetrator only needs to know that the transportation object is wild animals,and there are no cognitive requirements for the specific species and protection level of wild animals;Combined with objective performance,it is determined that "for the purpose of eating",and one’s own consumption or for others to eat constitutes the purpose of eating;In the review of the wrongful understanding of illegality of this crime,it is judged whether the actor objectively has the possibility of correctly understanding the law,and whether the perpetrator has made efforts to find out the law,and actively play the function of criminalizing the wrongful understanding of illegality in this crime.In the question of determining the number of crimes between the acts of this crime,it is necessary to affirm that this crime is an optional crime,and it can be established as one crime or several crimes,and in the case of several crimes,there is a possibility of multiple crimes being punished together.In the competition between this crime and other crimes,it is necessary to combine subjectivity and objectivity to distinguish this crime from the crime of endangering precious and endangered wild animals;In the case that this crime and the crime of illegal hunting,the crime of concealing or concealing criminal proceeds,and the crime of criminal proceeds constitute competing laws,this crime shall be applied as a special law in priority;Deal with this crime and the crime of illegal business operation according to the imagination.