Research On The Identification Of Illegality In Crimes Of Destroying Wildlife Resource

In recent years,with the advocacy of the concept of ecological civilization and the continuous promotion of the construction of ecological civilization,the criminal legislation protection mechanism of wildlife resources crimes in China has become more perfect.The protection of wildlife resources has been classified and graded,while the standard of conviction and sentencing has been adjusted from a quantitative theory to a value standard,truly realizing the adaptation of crime and punishment.However,in judicial practice,there are problems such as unclear definition of the scope of the protected objects,lack of substantive judgement on the determination of illegality,and unclear recognition of the illegality of the perpetrator.The reason for this is that the nature and function of the administrative elements of this type of crime have not been correctly identified,making the normative elements of this type of crime treated as narrative elements,which in turn leads to the wrong recognition of the elements as wrong recognition of illegality,expanding the scope of criminal punishment.In this regard,this article believes that the scope of "law" in the recognition of illegality in crimes against wildlife resources should be the predecessor administrative regulations with legal effect.In this type of crime,a large number of administrative elements need to be identified with the help of these legally valid predecessor administrative regulations,which belong to the content of intentional knowledge.In practice,the theory of responsibility,which only requires the recognition of the underlying facts,will not be able to deal with the problems of this type of crime,therefore,using Article 14 of the Criminal Law of China as the legal basis can better localise the theory of recognition of illegality.Specifically,based on the theory of intent,a two-level theory is adopted,which examines whether the state has fulfilled its obligation to inform the citizens of the norms and their ability to know the law,taking into account the general public and the individual’ s special ability to know the law as well as the "vertical implication".If the perpetrator has knowledge of the counter-value of the act specified in the relevant norm,it is certain that the perpetrator has knowledge of the illegality,if not,there is no knowledge of the illegality.On the other hand,it is of great practical significance to reflect on the relationship between responsibility and prevention,improve the arrangement of the constituent elements in the crime theory system,and realize the function of human rights protection in criminal law.Theoretical significance.There are five parts to this article.The first section provides an overview of the scope of this article and the object of research.The first section defines the scope of crimes against wildlife resources,which offence are involved and the characteristics of crimes against wildlife resources.The second section provides a basic overview of the cognitive theory of illegality.The third section argues for the need to study the recognition of illegality in crimes against wildlife resources on this basis.The second part is a review of the problems in the recognition of illegality in crimes against wildlife resources.The two dimensions of the problems of the recognition of illegality in judicial practice and the special problems of the recognition of illegality in this type of crime are discussed,and the substance of these problems is explored.The third part is devoted to an analysis of the reasons behind the controversy over the recognition of illegality in crimes against wildlife resources.The lack of substantive judgement on the elements of administrative constitutive elements in practice has led to the vague identification of the scope of protection of wildlife resources crimes,the analogous interpretation of the act of destruction,and the lack of clarity on the legal attributes of the wrong perception of this constitutive element.Failure to classify the types of crimes against wildlife resources has led to different attitudes towards the recognition of illegality.The lack of unified review standards for the determination of the perception of illegality led to a generalized approach to the determination of the perception of illegality.In the fourth part,on the premise of the analysis of problems and causes,it is argued that the awareness of illegality in this type of crime should belong to the content of intentional awareness,and through doctrinal interpretation,it is placed in the " social harm" in Article 14 of the Criminal Law,and the specific method of identification can adopt the two-level theory.Part V develops the application of the recognition of knowledge of delinquency in crimes against wildlife resources.It is proposed that the determination of the perception of illegality in this type of crime should be based on the general idea of the interpretation of the purposefulness of the constituent elements and the substantive judgment of the infringement of legal interests,and the specific methods for the determination of the perception of illegality of legal interests + administrative wrongfulness and legal interests + administrative procedures.