Research On Difficult Problems In The Crime Of Illegally Introducing,Releasing Or Discarding Invasive Alien Species

The crime of illegally introducing,releasing or discarding invasive alien species is a newly added crime in the Amendment XI to Criminal Law.There are many difficult problems worthy of further discussion in both the constitution of crime and judicial determination,so it is of great theoretical significance and practical value to conduct in-depth research on it.The thesis is divided into the following five parts:The first part is the difficult problems in the recognition of legal interests.The paper analyzes two problems: one is the definition of the concept of "invasive alien species",which is the material carrier of legal interests.It holds that we should adhere to the position that form standard is the main standard and substance standard is the auxiliary standard.The second is the recognition of legal interests,which holds the human-centered theory of legal interests in ecology,and the legal interests of this crime are the management order of invasive alien species,citizens’ life,health,property rights and ecological interests of the natural environment.The second part is the difficult problems in the identification of objective element.One is the meaning of "state regulations" in Article 344-1 of the Criminal Law,and holds that it should include "the departmental regulations approved by The State Council and issued in the name of The State Council",but the regulations issued by the departments of The State Council directly should not be included;The second is the meaning of illegal introducing,illegal releasing and illegal discarding.It is believed that illegal introducing only refers to intentional introduction and is also limited to introduction from overseas(including Hong Kong,Macao and Taiwan).The third part is the difficult problem in the identification of subjective elements.Under the background of the age of statutory crime,whether the content of this crime includes the cognition of illegality should be measured comprehensively.For the newly published species list,there should be a corresponding knowledge period,during which it is presumed that there is no Knowledge of illegality.At the end of this period,the citizen is presumed to have been aware of the regulation.The fourth part is the boundary between this crime and general illegal acts.The "serious circumstances" of this crime should be understood to mean that the number of invasive alien species introduced is large,the species is highly dangerous,and the act has been punished for administrative punishment and repeated.The fifth part is the boundary between this crime and confounding crime.The limits of this crime and the crime of obstructing animal and plant epidemic prevention or quarantine,the crime of animal and plant quarantine favoritism and malpractice,smuggling crime are analyzed.