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Wild animals are an important part of the earth's natural system. Protecting wildlife resources is of great significance for protecting biodiversity, maintaining ecological balance and realizing sustainable development of economy, society and culture.

However, in recent years, all kinds of destructive behaviors frequently reported in newspapers have brought serious threats to wildlife resources.

In order to make rational use of wildlife resources and stop the indiscriminate hunting of wild animals, the legislature has continuously improved various laws and regulations for the protection of wild animals, and the judiciary has also continuously intensified its crackdown on illegal activities.

Learn the legal knowledge of wildlife protection with typical cases.

/case 1

Illegal purchase of precious animals

Be sentenced on suspicion of committing a crime

Brief introduction of the case

At the beginning of 2020 1, the defendant Gao bought 1 Sukada turtle from a technology company in Hunan at the price of 750 yuan through WeChat chat and Alipay transfer payment.

Sukada turtle died when it was reared until June 5, 2038+February 2020. Later, the specimens were made of epoxy resin glue for preservation.

Appraised by the Judicial Appraisal Center, the specimen of the animal involved is Sukada turtle, which is listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and belongs to the national second-class protected animals, with an accounting value of 2,500 yuan per animal.

Fangshan Court held through trial that the defendant Gao's illegal acquisition of rare and endangered wild animals protected by the state constituted a crime of illegal acquisition of rare and endangered wild animals and should be punished according to law.

In view of the fact that the defendant confessed his criminal facts truthfully after arriving at the case, and his guilty attitude was good, he could be given a lighter punishment according to law.

Based on the defendant's criminal circumstances, he was sentenced to six months' imprisonment, suspended for one year and fined RMB 2,000.

Beijing mallet interpretation method

In this case, the defendant Gao was sentenced to the crime of illegally purchasing precious and endangered wild animals, which was amended as the crime of endangering precious and endangered wild animals after the Criminal Law Amendment ().

The first paragraph of Article 341 of the Criminal Law stipulates that anyone who illegally hunts or kills rare and endangered wild animals under special state protection, or illegally buys, transports or sells rare and endangered wild animals under special state protection and their products 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 five years but not more than ten years and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined or confiscated.

Precious and endangered wild animals under state key protection include: first, wild animals listed in the List of National Key Protected Wild Animals; The second is the wild animals managed according to the national key protected wild animals approved by the competent department of wildlife protection in the State Council.

The criminal law stipulates the following ways of endangering precious and endangered wild animals:

1. Illegal hunting and killing: refers to the act of catching and killing wild animals except for scientific research, domestication and breeding, exhibitions or other special circumstances.

Hunting in this crime is not restricted by specific areas, specific periods or specific tools and methods in the crime of illegal hunting. Any illegal hunting of precious and endangered wild animals is an illegal and criminal act.

Second, illegal acquisition, transportation and sale: "acquisition" includes profit-making purchase and self-use; "Transportation" includes the acts of carrying, mailing, using others and using vehicles; "Selling" includes selling and processing and utilization for profit.

In addition to the rare and endangered wild animals under special state protection, it is also a crime to illegally purchase, transport and sell the products of rare and endangered wild animals under special state protection, such as buying and selling ivory products and rhinoceros horn products, which are common in judicial practice.

These precious and endangered wildlife products, whether used as cultural entertainment or as medicinal materials to brew medicinal liquor, may also violate the criminal law and constitute a crime.

/Case 2

The game reserve uses prohibited methods to hunt.

The man was fined 5000 yuan for illegal hunting.

Brief introduction of the case

From June 5438+00, 2020 to March 5438+0, 2026, in the east of a village in H Town, Fangshan District, Beijing, the defendant Na Mou used the night light hunting method many times without approval.

It has been proved by Fangshan District Landscaping Bureau of Beijing that H Town in Fangshan District of Beijing is a no-hunting area, and many night-time light hunting in this town has not been approved by Fangshan District Landscaping Bureau, so night-time light hunting is a prohibited hunting method.

Defendant Na was seized by the police in the temporary residence of Fangshan District of this city on the evening of March 29th, 20021.

After hearing the case, Fangshan Court held that the defendant Na Mou violated hunting laws and regulations and used the banned night lighting hunting method in the game reserve to destroy wildlife resources. If the circumstances are serious, his behavior has constituted the crime of illegal hunting and should be punished according to law.

In view of the fact that the defendant confessed his crimes truthfully after arriving at the case and voluntarily pleaded guilty, he can be given a lighter punishment according to law.

Considering the circumstances of the defendant's crime, he was fined RMB 5,000. A set of lighting equipment (a helmet, a headlight and a cheetah battery) was transferred and confiscated with the case.

Beijing mallet interpretation method

The above cases all involve the crime of illegal hunting. Paragraph 2 of Article 341 of China's Criminal Law stipulates that anyone who, in violation of hunting laws and regulations, hunts in a no-hunting area or during a no-hunting period or uses prohibited tools or 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 crime of illegal hunting is an important crime of protecting wild animals in criminal law, which prohibits others from hunting in a specific time, in a specific area and in a specific way, protecting the growth and reproduction of wild animals and protecting wild animal resources.

This crime does not absolutely prohibit the hunting of wild animals, but restricts the hunting of wild animals to a certain extent.

This crime highlights the "four prohibitions" in the constitution of the crime:

"

Game reserve

In order to protect wild animals, the state has designated areas where hunting is prohibited, such as Hoh Xil Game Reserve, in areas suitable for wildlife habitat and breeding or areas where wildlife resources are scarce and severely damaged.

According to the Implementation Measures of Beijing Municipality on Prohibiting the Hunting of Terrestrial Wild Animals issued by Beijing Municipal Bureau of Landscaping and Greening in September, 20021,all areas within the administrative area of this Municipality are prohibited hunting areas.

"

closed season

Refers to the period when hunting is prohibited according to the breeding of wild animals or the mature season of fur, meat and medicinal materials.

For example, coastal areas make annual fishing bans to ensure the growth and reproduction of fish.

The Measures for the Implementation of the Prohibition of Hunting and Hunting of Terrestrial Wild Animals in Beijing stipulates that the whole year of this city is a hunting ban.

"

Disabled tools

Refers to tools that can destroy wildlife resources and endanger the safety of people and animals, such as poison, explosives, ground bows, large iron clips, etc.

"

Disable method

Refers to poisoning, explosion, arson, night light hunting, smoking and other methods that destroy and hinder the normal reproduction and growth of wild animals.

It should be noted that the object of the crime of illegal hunting refers to terrestrial wild animals that are beneficial or have important economic and scientific research value except precious and endangered terrestrial wild animals and aquatic wild animals.

If the object illegally hunted by the perpetrator involves rare and endangered wild animals under special state protection, it constitutes a crime of endangering rare and endangered wild animals.

In addition, the premise of the crime of illegal hunting is to violate hunting laws and regulations. In order to regulate hunting activities, the legislature has formulated a series of laws and regulations, and defined the scope of hunting subjects, hunting methods, hunting tools and hunting objects. If the perpetrator illegally hunts in a specific area or uses a specific method without meeting the conditions stipulated by laws and regulations, it is a crime.

In this case, the defendant Na Mou used night lights to hunt rabbits many times without approval. This method is a way to ban hunting, and H Town in Fangshan District of Beijing is a game reserve. Based on the above circumstances, the defendant Na's behavior conforms to the crime of illegal hunting.

In addition to the two typical situations mentioned above, playing "games" for the purpose of eating may also constitute a crime.

In order to protect the diversity of wildlife resources, the natural ecological environment and people's health and safety, in 2020, the National People's Congress Standing Committee (NPCSC) made a decision to completely ban illegal wildlife trade, which eliminated the bad habit of eating wild animals and effectively protected people's health and safety.

The 11th Amendment to the Criminal Law conforms to the trend of wildlife protection and adds the crime of illegally hunting, buying, transporting and selling terrestrial wildlife.

The third paragraph of Article 341 of the Criminal Law stipulates that anyone who illegally hunts, buys, transports or sells terrestrial wild animals that naturally grow and breed in the wild environment for the purpose of eating in violation of the regulations on wildlife protection and management, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.

This crime is mainly made from the perspective of prohibiting the consumption of wild animals and preventing the spread of wild animal epidemic.

"For the purpose of eating" refers to the illegal hunting, purchasing, transporting and selling of wild animals for the purpose of eating.

"Terrestrial wild animals that naturally grow and breed in wild environments other than those specified in the first paragraph" refers to terrestrial wild animals other than the rare and endangered wild animals under special state protection.

It should be emphasized that the wild animals protected by the crime of illegal hunting, purchasing, transporting and selling terrestrial wild animals refer to terrestrial wild animals that naturally grow and breed in the wild environment, such as wild boar, pheasant, hare and so on.

Illegal hunting, purchasing, transporting and selling is carried out, and the circumstances are serious: the focus of this crime is large-scale hunting and selling for the purpose of eating, as well as market-oriented, operational and organized transportation and trading of wild animals. Not any illegal hunting, purchasing, transporting and selling of terrestrial wild animals that naturally grow and breed in the wild environment constitutes a crime.

It is not harmful for individuals to catch a small amount of wild animals and eat them in their daily work and life, such as rabbits, wild boars, sparrows, etc., but this behavior may constitute illegal hunting and other crimes when it meets certain circumstances. I would also like to remind you that the principle of giving priority to the protection of wild animals should be adhered to.