School of Humanities and Social Sciences, Beijing Forestry University, 100083, P.R. China
Abstract
The crime of endangering precious and endangered wild animals is a new crime coming into effect from March 1, 2021.The establishment of this crime not only improves the public awareness of this crime and the convenience of judicial application, but also solves the confusion and difficulties in judicial practice as to whether the original crime needs to be punished for multiple crimes and the selection of the crime, which is of considerably positive significance. However, the nature of artificially bred wild animals, the characterization of the carcasses and organs of precious and endangered wild animals, and the determination of the subjective "knowledge" of the perpetrator of the act still need to be further discussed and clarified. The nature of artificially bred wild animals should be further clarified through typological provisions, and it needs to clarify that wild animal carcasses and organs are wild animal products and optimize the presumption process of the subjective "knowledge" of the object of the act, in order to further promote the scientific and perfect protection of the criminal law of precious and endangered wildlife resources.
References
Relative Articles
[1] |
Lian Ziqin, Chen Wenhui, Liu Junchang. The Spread of Public Opinions on Wild Animals: Stage Division and Countermeasures. Journal of Beijing Forestry University (Social Science), 2022, 21(2): 71-77.doi:10.13931/j.cnki.bjfuss.2021188 |
[2] |
MA Xuan-yu, CHEN Wen-hui, LIU Jun-chang. Establishment of Statistical Classification System for Terrestrial Wildlife Resources Assets. Journal of Beijing Forestry University (Social Science), 2021, 20(1): 19-25.doi:10.13931/j.cnki.bjfuss.2020167 |
[3] |
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[4] |
ZHOU Hong-sheng, TANG Jing-quan, GUO Bao-xiang, WANG Xi-qun, DONG Jin-hua, LI Kai, HOU Sen-lin. Characteristics and Resolve Measures of Damage Accidents Resulted by National Key Protected Wild Animals in China. Journal of Beijing Forestry University (Social Science), 2010, 9(2): 37-41. |
[5] |
HE Chao, WEN Ya-li, YAO Xing-qi, XIE Yi. Establishment of Protection System for the Giant Panda in China. Journal of Beijing Forestry University (Social Science), 2008, 7(2): 79-83. |
[6] |
HAN Song, LIU Jun-chang. Review on Research of Evaluation on Wildlife Resource Value. Journal of Beijing Forestry University (Social Science), 2008, 7(1): 47-52. |
[7] |
LUO Yan-ping, LIU Jun-chang, CHEN Wen-hui. On the Utilization Status Quo and Management Policy of Wild Plants. Journal of Beijing Forestry University (Social Science), 2006, 5(3): 73-77. |
[8] |
YOU Bin, LIU Jun-chang. The Statistical Status Quo and Countermeasures of Chinese Wildlife Trade. Journal of Beijing Forestry University (Social Science), 2006, 5(3): 78-82. |
[9] |
YUAN Ji_ming, WEN Ya_li. Issues and Solutions in China’s Import and Export Administration of Wild Fauna and Flora. Journal of Beijing Forestry University (Social Science), 2005, 4(2): 70-73. |
[10] |
MA Guang_lin, LIU Jun_chang, CHEN Wen_hui, CHU Wang_lin, YOU Bin. Analysis of the Status Quo of Statistical Methods for World Wildlife Trade. Journal of Beijing Forestry University (Social Science), 2005, 4(2): 66-69. |
Proportional views
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Establishment and Perfection of the Crime of Endangering Precious and Endangered Wild Animals
- School of Humanities and Social Sciences, Beijing Forestry University, 100083, P.R. China
- Received Date:2022-05-12
- Available Online:2023-04-07
- Publish Date:2023-03-25
Abstract:The crime of endangering precious and endangered wild animals is a new crime coming into effect from March 1, 2021.The establishment of this crime not only improves the public awareness of this crime and the convenience of judicial application, but also solves the confusion and difficulties in judicial practice as to whether the original crime needs to be punished for multiple crimes and the selection of the crime, which is of considerably positive significance. However, the nature of artificially bred wild animals, the characterization of the carcasses and organs of precious and endangered wild animals, and the determination of the subjective "knowledge" of the perpetrator of the act still need to be further discussed and clarified. The nature of artificially bred wild animals should be further clarified through typological provisions, and it needs to clarify that wild animal carcasses and organs are wild animal products and optimize the presumption process of the subjective "knowledge" of the object of the act, in order to further promote the scientific and perfect protection of the criminal law of precious and endangered wildlife resources.
Yao Bei. Establishment and Perfection of the Crime of Endangering Precious and Endangered Wild Animals[J]. Journal of Beijing Forestry University (Social Science), 2023, 22(1): 80-85. doi: 10.13931/j.cnki.bjfuss.2022105
Citation: |
Yao Bei. Establishment and Perfection of the Crime of Endangering Precious and Endangered Wild Animals[J].Journal of Beijing Forestry University (Social Science), 2023, 22(1): 80-85.doi:10.13931/j.cnki.bjfuss.2022105
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