Study On Judicial Application Of Illegal Hunting And Killing Of Rare And Endangered Wild Animals

With the development of society,the destruction of the ecological environment is becoming increasingly serious.We are also more and more aware of the importance for the wildlife resources.The revision of relevant laws reflects the determination to establish a society ruled by law in China.Eleven of the amendment of criminal law came on,through which the original complex,lengthy accusation was abolished,the crime of endangering rare and endangered wildlife was established,which let this crime became more concise and clear,at the same time” the wildlife under special state protection list“also made the first amendment,the crime object of this crime more was adjusted in a more reasonable way,which embodies the principle of crime and punishment in a better condition.This paper will focus on the study of illegal hunting,the action of killing the rare and endangered wild animals in the judicial application of the problem,in the idea of putting forward the problem,solving the problem,by selecting targeted cases,combined with relevant theories and theories,the key argument is made.First,as for the object of this crime,the focus of controversy is whether artificially bred animals belong to the object of this crime,and whether the protection standard of artificially bred animals should be lowered.And put forward that the judicial appraisal related regulations are not perfect enough,the problems that judicial appraisal institutions are lack of.In view of such problems,we need to clarify the legal interests and targets of this crime,highlight the characteristics of preciousness and endangerment,selectively include artificially bred animals into the targets of this crime,and improve the classification protection system of artificially bred animals.On the lack of judicial expertise,we should establish corresponding emergency mechanism and increase professional aquatic animal identification institutions.Secondly,on the subjective aspect of judicial cognizance,this paper briefly introduces two viewpoints: "the necessity of knowing illegality" and "the necessity and feasibility of knowing illegality".As this crime is an intentional crime and a typical statutory criminal,according to the principle of a legally prescribed punishment for a specified crime,the subjective and intentional determination of this crime cannot be separated from the definition of illegality.Finally,combined with the needs of judicial practice,it points out the factors of its identification and different ways to deal with it.Thirdly,the problem of overuse of this crime penalty is analyzed.Because of the irrationality of the execution convergence procedure and the irrationality of the setting gradient of statutory penalty,this crime penalty is overuse in the judicial practice.By using the method of comparative law,this paper points out the problems of high setting of free penalty,poor practicality of fine penalty and too single penalty for this crime,and puts forward corresponding suggestions,such as perfecting the execution connection procedure,increasing non-penalty punishment measures,making reasonable and detailed regulations on fine penalty,increasing judicial interpretation of mitigating punishment,and making the setting of statutory penalty more gradient.