Is it illegal for farmers to fight wild boar?

Wild boar belongs to wild animals protected by China's wildlife protection law, and it is illegal to hunt wild boar. Article 16 of the Wildlife Protection Law stipulates that hunting and killing of wildlife under special state protection is prohibited.

criminal law

Article 341, paragraph 2, 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.

Article 346 Where a unit commits the crimes specified in Articles 338 to 345 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of this section.

Relevant laws

Article 32 of the Law on the Protection of Wild Animals, if wild animals are hunted in a game reserve or during a game ban, or if prohibited tools and methods are used, the wildlife administrative department shall confiscate the prey, hunting tools and illegal income, and impose a fine; 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.

Extended data

A serious situation

Illegal hunting must be a serious act to constitute a crime. According to the summary of relevant laws and judicial practice experience, the so-called "serious circumstances" mainly refers to the following situations:

(1) Organizing or gathering people to hunt illegally;

(2) Hunting or hunting a large number of wild animals for many times in the game reserve or during the game reserve period;

(three) hunting with prohibited tools and methods, resulting in heavy losses of wildlife resources;

(four) long-term illegal hunting;

(5) Threatening or beating protectors who do not hunt or listen to dissuasion;

(6) other means are particularly bad.

In practice, we can also refer to the provisions of the Ministry of Forestry and the Ministry of Public Security on the jurisdiction and filing standards of wildlife criminal cases (1992). The standards for filing illegal hunting cases are as follows:

(1) Hunting five or more terrestrial wild animals under special protection in a game reserve, a game ban period or using prohibited tools and methods; Although not caught, but one of the following acts, should also be placed on file:

A. using military weapons, air guns, poisons, explosives, ground guns, spears and other prohibited tools 10 times or more, or using more than 500 hunting hoods and more than 200 traps;

B, using night lighting, naked flame, smoking and other illegal methods for more than 10 times; Being punished by administrative punishment for illegal hunting for more than two times.

(2) If one of the following acts is committed, it shall be deemed as a major case: hunting more than 0/5 terrestrial wild animals/kloc-which are under special local protection, in a game-closed area or during a game-closed period, or using prohibited tools and methods, but if one of the following acts is not captured, it shall also be deemed as a major case:

A. using prohibited tools such as military weapons, air guns, poisons, explosives, ground guns and spears for more than 20 times, or using hunting and catching sets 1000 sets or more than 200 traps;

B, using night lighting, naked flame, smoking and other illegal methods for more than 20 times.

(3) Whoever commits one of the following acts is a particularly serious circumstance: hunting more than 30 terrestrial wild animals under special protection in a game-closed area or during a game-closed period, or using prohibited tools and methods; Although not caught, but one of the following acts, should also be classified as a particularly serious case:

A. Using prohibited tools such as military weapons, air guns, poisons, explosives, ground guns and spears for more than 30 times, or using more than 2,000 sets of hunting devices and more than 300 traps;

B, use night lighting, naked flame, smoking and other illegal methods for more than 30 times.

Baidu Encyclopedia-Crime of illegal hunting