Excuse me, what laws are there abroad about wild animals hurting people?

First, China's provisions on the criminal law protection of wildlife resources

1997 "Criminal Law" stipulates the crimes of illegally hunting and killing precious and endangered wild animals, illegally purchasing, transporting and selling precious and endangered wild animals and precious and endangered wild animal products, and illegal hunting in Article 34 1 of Chapter VI "Crime of disturbing social management order". The breakdown is as follows:

Crime of illegally hunting and killing precious and endangered wild animals

Article 34 1 of the Criminal Law stipulates: "Whoever illegally hunts and kills rare and endangered wild animals under special state protection shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 5 years 10 years and fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10, and shall be fined or confiscated. " The constitution of this crime is: 1. The object of this crime is the national management system of rare and endangered wildlife resources. The object of this crime is the precious and endangered wild animals under special state protection. The Law on the Protection of Wild Animals stipulates: "The wild animals protected by this law refer to precious and endangered terrestrial and aquatic wild animals and terrestrial wild animals that are beneficial or have important economic and scientific research value." "The state gives priority to the protection of rare and endangered wild animals. National key protected wild animals are divided into first-class protected wild animals and second-class protected wild animals. " Precious means its high value, and endangered means it is in danger of extinction. There is a problem that needs attention. How to define the rare and endangered wild animals in a specific environment, that is, whether the wild animals domesticated artificially in zoos or parks and those used for scientific research can be the targets of this crime. Some scholars believe that "the relevant laws and regulations do not impose any restrictions on the hunting behavior of wild animals in areas where wild animals are killed and in specific environments. Therefore, no matter where the perpetrator illegally kills precious and endangered wild animals, it can constitute this crime. " [2] The author believes that this definition is conducive to effectively cracking down on the illegal killing of precious and endangered wild animals. 2. The objective aspect of crime. The acts of this crime include hunting and killing. Hunting refers to hunting and catching wild animals with utensils and drugs, and killing refers to killing wild animals. This crime is a selective crime. No matter whether the perpetrator only hunts and kills, or whether the perpetrator both hunts and kills, he should only be convicted of one crime and should not be punished for several crimes. This crime belongs to behavioral crime, and "serious circumstances" or "causing serious consequences" are not taken as the constitutive elements of the crime. In judicial practice, the specific criteria for determining this crime are based on No.200 1 "Standards for filing criminal cases of forest and terrestrial wildlife under the jurisdiction of the State Forestry Administration and the Ministry of Public Security" (hereinafter referred to as "Standards for filing animal cases of the Forestry Administration and the Ministry of Public Security"). Article 34 1 of the Criminal Law 1 stipulates three sentencing grades, namely "basic crime", "serious circumstances" and "particularly serious circumstances". On June 7th, 2000, 5438+065438+ 10, the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Wildlife Resources (hereinafter referred to as the Supreme Court's Interpretation of Animal Justice) clearly defined "serious circumstances" and "particularly serious circumstances", and determined "serious circumstances" and "particularly serious circumstances" according to the number involved in the interpretation. 3. The subject of crime can be either a natural person or a unit. If a natural person commits a crime, he may be sentenced according to legal punishment; If a unit commits this crime, it shall implement the double punishment system, impose a fine on the unit, and the directly responsible person in charge and other directly responsible personnel shall be punished according to the statutory punishment stipulated in Article 34 1 of the Criminal Law. 4. The subjective aspect of crime can only be intentional, that is, knowingly hunting and killing rare and endangered wild animals under special state protection [4].

(2) The crime of illegally purchasing, transporting and selling precious and endangered wild animals and their products.

This crime is an additional crime in Article 1997 of the Criminal Law, that is, Article 34 1 Paragraph 1: "Whoever illegally purchases, transports or sells rare and endangered wild animals and their products under special state protection shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 5 years 10 years and fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10, and shall be fined or confiscated. " The object of crime is the national management system for rare and endangered wild animals and their products, including rare and endangered wild animals and their products under special state protection. The so-called "precious and endangered wild animals" have been explained before, so I won't repeat them here. The so-called products refer to finished products, that is, finished products and semi-finished products obtained by some processing means. It mainly includes two parts. One is the products processed from wild animal carcasses, including hair, skin, bones, horns, teeth, organs, corpses and other parts with high economic value, such as rhinoceros horn, ivory and tiger bones. Second, products processed from limbs or organs of living wild animals, such as musk and bear bile [2]. This crime is an act of intentionally and illegally purchasing, transporting and selling rare and endangered wild animals and their products under special state protection in violation of wildlife protection laws and regulations. According to the animal judicial interpretation of the Supreme Court in 2000, "acquisition" includes for-profit purchase and self-use; "Transportation" includes the acts of carrying, mailing, using others and using vehicles; "Selling" includes selling and processing for profit [3]. This crime is a selective crime. If the actor only has one of three behaviors: buying, transporting and selling, he is convicted of one crime. If the perpetrator has two or three acts at the same time, he is still convicted of one crime. Don't combine punishment for several crimes. If the actor only buys, transports or sells wild animals and their products, or buys, transports or sells wild animals and their products at the same time, he shall be convicted of only one crime and shall not be punished for several crimes. According to the animal judicial interpretation of the Supreme Court in 2000, when the object of this crime is wild animals, the criteria for filing a case and determining the seriousness of the circumstances are the same as those for illegally hunting and killing precious and endangered wild animals. Article 5 of the judicial interpretation stipulates the specific standards of "serious circumstances" and "particularly serious circumstances" in the crime of illegally purchasing, transporting and selling precious and endangered wildlife products.

③ Crime of illegal hunting

Paragraph 2 of Article 34 1 of the Criminal Law stipulates: "Whoever, in violation of hunting laws and regulations, hunts in a no-hunting area or during a no-hunting period or uses prohibited tools and methods to destroy wildlife resources, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine." The objects of infringement are the Wildlife Protection Law, the Regulations on the Implementation of Terrestrial Wildlife Protection and other relevant national laws and regulations on the protection of wildlife resources. The objective aspect of a crime is the act of hunting in a no-hunting area, a no-hunting period or using prohibited tools and methods in violation of hunting laws and regulations. Game reserves refer to areas where hunting is prohibited by the state in areas suitable for the survival and reproduction of wild animals or areas with poor resources and serious damage. No hunting season refers to the period when hunting is prohibited according to the breeding situation of wild animals or the mature season of fur, meat and medicinal materials. Prohibited tools refer to tools that can destroy wildlife resources and endanger the safety of people and animals. The forbidden method refers to the forbidden method that destroys the normal reproduction and growth of wild animal resources and destroys forests and grasslands [4]. How to understand "serious circumstances"? Article 6 of the Supreme Court's Judicial Interpretation of Animals in 2000 stipulates: "Illegal hunting is' serious' in any of the following circumstances: (1) illegal hunting of more than 20 wild animals; (two) in violation of hunting laws and regulations, using prohibited tools and methods to hunt in the hunting area or during the hunting season; (3) There are other serious circumstances. " 200 1 The standards for filing animal criminal cases of Forestry Bureau and Ministry of Public Security stipulate that in any of the following circumstances, a case shall be filed: 1. Illegal hunting of more than 20 terrestrial wild animals; 2. Hunting with prohibited tools and methods in the game reserve or during the game reserve; 3 other serious damage to wildlife resources. The standard also stipulates that illegal hunting of more than 50 terrestrial wild animals is a major case; Illegal hunting of more than 65.438 million terrestrial wild animals or other bad circumstances is a particularly serious case. The subject of this crime is a natural person or unit, and the subjective aspect is intentional.

(4) the crime of smuggling precious animals and precious animal products.

The second paragraph of Article 15 1 of the Criminal Law stipulates: "Whoever smuggles precious animals and their products imported and exported by the state shall be sentenced to fixed-term imprisonment of more than five years and fined; If the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not more than five years and fined. " "If the circumstances are particularly serious, they shall be sentenced to life imprisonment or death, and their property shall be confiscated." "If a unit commits the crime specified in this article, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of each paragraph of this article." Related to this are the provisions of Articles 155, 156, 156, 157 on "armed cover smuggling" and "combined punishment of smuggling crime and crime of obstructing official duties". The object of infringement is the management system that prohibits the import and export of precious animals and their products in the national foreign trade control. The object of crime is precious animals and their products. According to Article 4 of the Interpretation of the Supreme Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Smuggling in 2000, the scope of "precious animals" is exactly the same as that of "precious and endangered wild animals" in the crime of illegally hunting and killing precious, endangered and endangered wild animals. The objective aspect of this crime is to violate customs regulations, evade customs supervision, and illegally transport, carry and mail precious animals and their products whose import and export are prohibited by the state. Article 4 of the Supreme Court's judicial interpretation of the crime of smuggling in 2000 stipulated in detail the criteria for filing this crime, and the criteria for identifying "minor circumstances" and "particularly serious circumstances". The subject of crime is the general subject, including natural persons and units. The subjective aspect is intentional.

(5) Some problems related to the above crimes.

1. The above-mentioned crimes are imaginative concurrence with other crimes committed by the perpetrator. According to Article 7 of the Supreme Court's Judicial Interpretation of Animals in 2000: "Destroying wildlife resources by explosive means, poisoning, setting up power grids and other dangerous methods constitutes the crime of illegal hunting and killing precious and endangered wildlife or the crime of illegal hunting, and it also constitutes Article 1 14 or Article1/kloc-5 of the Criminal Law. This shows that when the behavior of the perpetrator not only constitutes the crime of illegal hunting, killing precious and endangered wild animals or illegal hunting, but also constitutes the crime of explosion and throwing dangerous substances, it belongs to imaginative joinder and should be punished as a felony.

2. Provisions on combined punishment for several crimes. Article 8 of the Supreme Court's Judicial Interpretation of Animals in 2000 stipulates that the crime of illegally hunting and killing precious and endangered wild animals or the crime of illegally purchasing, transporting and selling precious and endangered wild animals and their products, as well as the crime of obstructing official duties, shall be punished concurrently.

3 other crimes against wild animals and their products. According to 200 1 Animal Case Filing Standard issued by Forestry Bureau and Ministry of Public Security, if the perpetrator is involved in crimes such as theft, looting, robbery, harboring, transferring, buying and selling stolen goods, disrupting production and operation, gathering people to rob, illegally operating, forging or altering official documents and certificates of state organs, he shall be convicted of theft respectively.

Second, the extraterritorial provisions of criminal law protection of wildlife resources

In foreign criminal legislation, the provisions on wildlife resources crimes are different. Some countries have specifically stipulated wildlife crimes, while others have broken through the concept of "wildlife" and extended the scope of protection to "animals", highlighting the legislative concept of "animal welfare" in these countries. The provisions of the relevant countries are now expressed as follows.

(1) America. In 1962, the American Law Institute drafted a model criminal code, which stipulated "cruelty to animals", which means that the perpetrator intentionally or rashly subjected any animal to cruel abuse; Or any animal under his supervision is cruelly ignored; Or animals that kill or hurt others without the owner's permission [5]. In the United States, this kind of crime is classified as a crime against morality in nature, which belongs to the "misdemeanor" in the fourth-level crime (felony, misdemeanor, misdemeanor and violation of police law), and the punishment is not more than 1 year imprisonment.

② Germany. 1998 There are two main crimes related to animals in the German Criminal Code. First, the specific provisions of Article 329 and Article 330 of Chapter 29 "Crime of damaging the environment". Paragraph (3) of Article 329 stipulates that the actor temporarily protects the ground as a nature reserve or a national park in violation of the legal provisions or possible prohibitive provisions published for the protection of nature reserves: 1. Digging or acquiring underground resources or other land components; 2. Engaged in digging ditches or laying bricks; 3. Building, changing or clearing waters; 4. Drainage in mud pits, swamps, wetlands or other wet areas; 5. Reclamation of forests; 6. Killing, capturing or hunting animals under special protection in the sense of the Federal Nature Protection Law, or completely or partially destroying or removing their eggs; 7. Damage or removal of specially protected plants in the sense of federal nature protection law; 8. Those who build buildings and thus seriously hinder their respective protection purposes will be punished with imprisonment or fines of not more than five years. Article 329 (4) stipulates that if the perpetrator negligently commits the above-mentioned acts, he shall be sentenced to fixed-term imprisonment of not more than three years or fined. Article 330 stipulates that intentional acts with particularly serious circumstances shall be punished by imprisonment for more than 6 months 10 years. If the circumstances are particularly serious, it refers to the behavior that the actor continuously destroys the survival of endangered animals or plants or is carried out out out of greed [6]. The second is Articles 292 and 293 of Chapter 25 of the Specific Provisions, "Imprisonment for personal gain". Article 292 stipulates "hunting without permission", that is, the actor infringes on the hunting right or hunting activity right of others: 1. Hunt, capture, kill or make yourself or a third party possess prey, or 2. Whoever makes himself or a third party own, damage or destroy the articles under the hunting right shall be sentenced to fixed-term imprisonment of not more than three years or fined. If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three months but not more than five years. Article 293 stipulates "fishing without permission", that is, if the actor fishes in violation of others' fishing rights or fishing activities rights, or makes himself or a third person possess, damage or destroy articles under the fishing rights, he shall be sentenced to fixed-term imprisonment of not more than two years or fined [6].

③ France. 1994 "other felonies and misdemeanors", the fifth volume of the French criminal code, the whole chapter "serious cruelty or cruelty to animals", has two articles. Article 5 1 1- 1 stipulates that anyone who severely mistreats or cruelly treats domestic, domesticated or captured animals unnecessarily shall be sentenced to six months' imprisonment and a fine of 50,000 francs. Paragraph 5 stipulates that the opening of any new Colosseum will be punished according to paragraph 1, and paragraph 6 stipulates that people who abandon domestic, domesticated or captured animals will be punished in the same way, except those who intend to release animals for breeding. Article 5 1 1-2 stipulates that those who fail to conduct scientific or experimental experiments or research on animals in accordance with the laws and regulations promulgated by the Supreme Administrative Court after putting forward senior administrative opinions shall be punished in accordance with Article 511[7]. In the French Criminal Code, Volume VI "Crimes against Police (Regulations)", Part II "Crimes against Police", Chapter II "Crimes against Police", Section II "Letting Dangerous Animals Run Wild", Article R622-2 stipulates that if the keeper of an animal that may cause danger to others lets the animal run wild, he shall be fined for the second-degree crime against the police. According to Article R623-3 of Section 3, Chapter 3, Part II of Volume VI, "Third-level Police Offence, Stimulating Animals in Danger", the caretaker of an animal that may cause danger to people should be fined for third-level police offence even if he sees that the animal is attacking or chasing pedestrians, stimulating the animal or failing to stop it. Section R653- 1 of the Quan Yi section of Chapter III "Other crimes against the police" in Part V of Volume VI stipulates that an animal domesticated or captured accidentally dies or is injured due to clumsy mistakes, carelessness, inattention, negligence or failure to perform the safety or caution obligations stipulated by laws or regulations. Chapter IV "Four-level Assault on Police" Quan Yi chapter "Cruelty to Animals" stipulates that anyone who intentionally mistreats domestic, domesticated or captured animals in public or in private without necessity will be fined for four-level assault on police. Chapter V "Five-level Police Crime" in Quan Yi's chapter "Intentional Injury to Animal Life" stipulates in article R655-1 that anyone who intentionally kills domestic, domesticated or captured animals publicly or privately without necessity will be fined for five-level police crime [7].

(4) Nordic countries such as Sweden and Finland. 13, Chapter XVI "Crime of endangering public order" of the Swedish Criminal Code, which came into effect in 1965, stipulates that anyone who maltreats, overworks, neglects animals or unjustly causes animals suffering intentionally or through gross negligence shall be punished with a fine for cruelty to animals or imprisonment for up to two years [8]. There are three provisions on animal crimes in the current Finnish criminal law. First, chapter 17, crimes against public order, articles 14 and 15. Article 14 "Infringement of animal welfare" stipulates that if the perpetrator intentionally or seriously neglects the use of violence, increases the burden, fails to provide necessary care or food, or maltreats animals in other ways that violate the Animal Welfare Law, or causes unnecessary pain or suffering to animals, he shall be punished as the crime of infringement of animal welfare and be fined or imprisoned for less than two years. Article 15 "Slight violation of animal welfare" stipulates that in view of painful or painful situations or other criminal circumstances, if the comprehensive evaluation of the violation of animal welfare is minor, the perpetrator should be punished as a minor violation of animal welfare and fined [9]. Second, Article 10 of Chapter 28 "Theft, Misappropriation and Illegal Use" stipulates the crime of hunting, that is, those who hunt unreasonably in other people's hunting areas, fish in other people's fishing areas, or engage in fishing in other ways, or exceed their hunting or fishing rights based on laws, permits, agreements or resolutions, shall be fined. Anyone who deliberately and unreasonably sets traps to catch or kill unprotected animals in areas where he has no right or permission should also be punished as a hunting crime. Third, Chapter 48a, Crime of Natural Resources, stipulates the crime of hunting in Article 1 and the crime of fishing in Article 2. Both offences are punishable by a fine or imprisonment for up to two years. Article 4 stipulates the crime of hiding illegal prey, that is, hiding, acquiring, transmitting, transporting and trading the prey obtained through the crime of hunting or fishing, and imposing a fine or imprisonment of up to six months. Article 6 stipulates the prohibition of hunting, that is, a person convicted of hunting may be prohibited from hunting 1 year but not more than 5 years [9].

(5) The legislative characteristics of animal resources crimes in foreign criminal laws. Compared with China's criminal law, foreign criminal law has the following characteristics: (1) The scope of criminal objects is wider. The United States defines it as "any animal", while Germany defines it as "specially protected animals in the sense of federal nature protection law" and "endangered animals" France defines it as "domestic, domesticated or captured animals". Finland extends the scope of protection to "animal welfare", "unprotected animals" and even "animals". In China, however, the targets of crimes are strictly limited to "rare and endangered wild animals under special state protection" and "rare and endangered wild animals and their products", and animals outside the above range are not protected. (2) The objective aspect of crime is detailed, and many common behaviors in China are defined as crimes. American criminal law stipulates that "any animal is cruelly abused", "or any animal under its supervision is cruelly neglected" or "killed or injured". German regulations are "kill, catch, chase", "destroy or remove its eggs" and "hunt, catch, kill or make yourself or a third party own prey". In French criminal law, committing serious abuse or cruelty, abandoning animals, conducting scientific or experimental experiments or research on animals, letting dangerous animals run around, stimulating dangerous animals, causing animal death or injury, cruelty to animals and intentionally killing animals in public or private can all constitute crimes. Sweden and Finland have equally detailed regulations. Animal crimes in China are limited to "illegal hunting and killing", "illegal acquisition, transportation and sale", "illegal hunting" and "smuggling". (3) The subjective aspect of a crime can be intentional or negligent. American regulations are "intentional or reckless". In Germany, there are both intentional crimes and negligent crimes, that is, the actor kills, captures, chases animals or destroys or partially removes their eggs in violation of legal provisions or possible prohibitions. In French criminal law, the crimes of "cruelty to animals", "abandonment of animals", "letting dangerous animals run around", "stimulating dangerous animals" and "deliberately killing animals" are obviously intentional, while "accidentally causing animal death or injury due to clumsy mistakes, carelessness, inattention and negligence" is negligence. The criminal laws of Sweden and Finland also stipulate that it can constitute "intentional or gross negligence". However, several crimes in China's criminal law are intentional subjectively, and there is no provision for the crime of negligent destruction of animal resources. (4) the punishment is not too severe, focusing on single or combined property punishment. In the United States, the crime of cruelty to animals is a misdemeanor, and the punishment does not exceed 1 year imprisonment. In Germany, intentional crimes are punished with imprisonment or fines of less than five years, negligent crimes with imprisonment or fines of less than three years, and intentional acts with particularly serious circumstances with imprisonment of more than six months and less than 10 years. France "severely mistreats or cruelly treats animals, punishable by six months' imprisonment and a fine of 50,000 francs". In other cases, only two, three, four or five fines are imposed. Finland is guilty of buying, transporting and selling precious and endangered wild animals and their products in violation of the law. If the circumstances are particularly serious, he may be sentenced to fixed-term imprisonment of more than 10 years, fined or confiscated. The most serious crime is the crime of smuggling precious animals and precious animal products. If the circumstances are especially serious, he may be sentenced to life imprisonment or death and confiscation of property. The administrative punishment for animal crimes is not stipulated in the criminal law, and is mainly regulated by the Wildlife Protection Law and other laws and regulations.

Third, judicial suggestions and legislative perfection of criminal law protection of wildlife resources

(1) Actively participate in international animal resources protection and increase international cooperation.

The world recognized the importance of animal resources protection earlier, and made a series of international treaties since the beginning of the 20th century. After 100 years of development and improvement, a relatively complete international biological resources protection system has been formed. 1. Wildlife protection list or directory system. Listing the species of wild animals and plants that need special protection in international agreements is of great significance for countries to cooperate closely to protect wild animals and plants and maintain the stability of the earth's ecosystem. 2. Licensing system. Impose access restrictions on subjects interested in participating in international wildlife trade. For example, the Convention on International Trade in Endangered Species of Wild Fauna and Flora stipulates relevant certificates such as export license, import license and re-export license, which is conducive to controlling illegal international trade in wild animals and plants. 3. A system for protecting wildlife habitats. "Habitat" refers to the place or place where organisms or groups of organisms naturally distribute. Confirm and delimit the natural living environment of wild animals and plants and give them special protection through international agreements. China has not ratified some international treaties except 198 1 Convention on International Trade in Endangered Species of Wild Fauna and Flora and 1992 Convention on Biological Diversity. In view of the grim situation that wildlife resources crimes cross national boundaries, take various forms and become increasingly rampant, China should actively respond, strive to join as soon as possible, participate in international animal resources protection and increase international cooperation. 4. Close contact with international animal protection organizations. At present, there are many international animal protection organizations operating in an orderly manner in the world, such as the World Wide Fund for Nature, the World Wildlife Fund, the International Fund for Animal Welfare (IFAW) and the Wildlife Aid Organization. These organizations have been established for decades or even hundreds of years and have rich experience in international animal protection. Relevant animal protection organizations in China should strengthen cooperation with them.

(2) establish the concept of modesty in modern criminal law, and attach importance to protection and light blows.

Regarding the modesty of criminal law, Japanese scholar Hirano Ryoichi pointed out: "Criminal law can only be initiated by other means, such as customary and moral sanctions, that is, informal control of regional society or inadequate civil supervision. Only when other means of social control are insufficient, or when other means of social control (such as lynching) are too powerful and it is necessary to replace punishment, can criminal law be used "[10]. China scholars also believe that "punishment is like a double-edged sword, used properly, benefiting the country and the people; Improper use will harm people and the country. The important guarantee for proper use is that the penalty power cannot be abused, and the positive significance of the penalty power restriction is here. " [5] The ultimate goal of wildlife resources protection is protection. Punishing crime is only a means of protection, not the ultimate goal. In the process of protection, it is the key to solve the problem to combat wildlife crime and prevent crime more effectively. It is necessary to raise citizens' awareness of environmental protection and educate people to change bad living habits, such as not eating wild animals and not wearing clothes made of wild animal fur. The motive force that urges the perpetrator to commit wildlife crime is profiteering. Therefore, it is also an important measure to prevent crime to increase the punishment of economic punishment and even property punishment. It is also necessary to strengthen administrative supervision. The competent departments of terrestrial and aquatic wildlife are the administrative departments of forestry and fishery respectively. The two departments should cooperate closely with other administrative and judicial organs, exchange information, strengthen administrative punishment, and effectively curb wildlife crimes in the bud.

(three) to deal with the relationship between the protection of wild animals and animal hazards.

The importance of wildlife resources to human society is self-evident, but there have been many incidents of animal injuries in China recently. On April 12, 2007, CCTV's Legal Report reported that on February 22, 2007, Xiao Ruixin, a tourist of Kunming Zoo, had a sudden tragedy while taking a photo with a tiger, and the tiger killed Xiao Ruixin. On April 30th, 2007, Oriental Time and Space reported that there was a crocodile lake in Hai Yin Tourist Resort, Beihai City, Guangxi. Nine-year-old Liu Haiyang was dragged into the lake by several man-eating crocodiles while playing by the lake. According to statistics, there are more than a dozen injuries caused by wild animals in China every year. Therefore, how to strengthen wildlife management, avoid similar incidents and coordinate the relationship between wildlife protection and animal harm to human beings is a problem that people have to face.

(4) Revise relevant laws and regulations on wildlife resources protection.

1. Revise the wildlife protection law in time. The law was enacted in 1988, and it has been nearly 20 years since then. The language expression of many contents is extremely inconsistent with the current law. Article 3 1 of the law stipulates that those who illegally kill and kill wildlife under special state protection shall be investigated for criminal responsibility in accordance with the supplementary provisions on punishing the crime of killing and killing rare and endangered wildlife under special state protection. This supplementary provision has been abolished by 1997 Criminal Law. Article 32 of the law stipulates that if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the provisions of Article 130 of the Criminal Law. "Article 130 of the Criminal Law" here refers to Article 1979 of the Criminal Law, which has been revised to Article 1997, Article 34 1 of the Criminal Law. Article 35 of the law stipulates: "Whoever, in violation of the provisions of this law, sells or buys wildlife under special state protection or its products, if the circumstances are serious enough to constitute the crime of speculation and smuggling, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law." The crime of speculation and profiteering is a crime in the Criminal Law 1979. 1997 the criminal law has been abolished and replaced by the crime of producing and selling fake and inferior products and the crime of illegal business operation. In addition, the Implementation Regulations for the Protection of Terrestrial Wild Animals were published in 1992, and the Implementation Regulations for the Protection of Aquatic Wild Animals were published in 1993, which have similar problems and need to be revised urgently.

2 regularly verify the list of national key protected wild animals. This list was approved on 1988 12 10, and it has been nearly 20 years now. In the past 20 years, the scope of national key protected wild animals has changed greatly, and many rare and endangered wild animals need to be listed in the list to get special protection. Therefore, the catalogue should be re-examined and revised as soon as possible.

(5) Revise the relevant provisions of the Criminal Law and its supporting judicial interpretation.

1. Centralized provisions on wildlife resources crimes. At present, the crimes of illegally hunting and killing precious and endangered wild animals, illegally purchasing, transporting and selling precious and endangered wild animals and their products, and the crime of illegal hunting are stipulated in the sixth section of Chapter VI of the Specific Provisions, while the crime of smuggling precious animals and their products is stipulated in the second section of Chapter III of the Specific Provisions, which is fragmented and not systematic enough. Judging from the provisions of foreign criminal law, some provisions are in the special chapter of "environmental crime", some are called "public order crime", and some are concentrated in the special chapter of "environmental crime" or "natural resource crime". In my opinion, there are two legislative ideas for the crime of wildlife resources in China's criminal law. The first is "minor reform", that is, the crime of smuggling precious animals and precious animal products in Chapter III is included in the crime of destroying the protection of environmental resources in Section VI of Chapter VI; The other is a "major reform", that is, the establishment of a special chapter on "crimes against the protection of environmental resources" to include all environmental crimes in order to meet the needs of the current situation of a large increase in crimes against the protection of environmental resources.

2. You can add or modify related expenses. First of all, in some areas of our country, people overeat wild animals, and it is easy to spread animal germs to humans. To change this bad habit, it is far from enough to rely solely on administrative punishment. It is suggested that the crime of overeating wild animals be established to regulate it. Secondly, with the large increase in the number of domesticated animals in zoos and family-owned "pets", many cases of non-state key protected animals being infringed frequently appear. For example, the bear-throwing case in Liu Haiyang and the dog abuse on the Internet have seriously hurt citizens' feelings of caring for animals, which is not conducive to the realization of "harmony between man and nature". We can learn from foreign legislative cases, expand the extension of "wild animals" to "animals" and establish "animal cruelty crime" to combat animal cruelty. Third, add the crime of protecting animal habitat or habitat. Fourth, regulate the entry of exotic animal species through legislation. According to the report in Focus on April 6, 2007, at present, some people openly sell exotic pets in pet markets or on the Internet in some cities, that is, exotic animals smuggled from abroad, such as Brazilian turtles and cockroaches, some of which are fierce and will attack humans. At present, the supervision of such animals is not in place. If they are allowed to reproduce naturally for a long time, the harm will be the reproduction of exotic animal species and the destruction of domestic ecological balance. In addition to taking measures to strictly control the import and export of animals, it is also worth discussing whether to establish the crime of illegally introducing foreign animal species in criminal legislation.