Killing of three protected animals sentencing criteria
Killing of three protected animals sentencing criteria, "three" animals, that is, those beneficial, economically and scientifically important terrestrial wildlife. Common national "three" protected animals are: grackles, pugs and so on. Killing three protected animals sentencing standards.
What is the meaning of the three protected animals?
Three protected animals, that is, the state protection of terrestrial wildlife with important ecological, scientific and social value. Among them, the list of state-protected beneficial or important ecological value, scientific research value of wildlife:
88 species of 6 orders and 14 families of the class MAMMALIA;
707 species of 18 orders and 61 families of the class AVES;
291 species of 3 orders and 10 families of the class AMPHIBIA;
Reptilia 395 species in 2 orders and 20 families of REPTILIA;
another 110 species in 17 orders and 72 families of 120 genera of INSECTA of INSECTA of INSECTA of INSECTA, totaling 1,591 species in 5 orders and 46 orders and 177 families, and all the species of 120 genera of insects and another 110 species.
Does it matter if you buy or sell protected animals?
The sale of protected animals is illegal. The sale of three wild animals is prohibited by the Chinese People's Republic of China Wildlife Protection Law. If the sale of three wild animals, will be confiscated by the administrative department of industry and commerce and illegal income, at the same time can also be fined; constitute a crime, will also be held criminally responsible.
Third, what are the sentencing criteria for hunting three protected animals?
1, for the "three animals", China's criminal law and related laws, the private capture of 1 (article) on the law, capture 20 (article) or more constitute a crime, capture 50 (article) or more is a major criminal case.
2. China's wildlife protection law stipulates that those who hunt non-state protected wildlife must obtain a hunting license and obey the hunting quota management.
3, "Chinese People's *** and the State Wildlife Protection Law"
Article 35 violation of the provisions of this law, the sale, purchase, transportation, carrying national or local key protection of wildlife or its products, by the administration for industry and commerce confiscate the physical and illegal income, and may be fined.
Violation of the provisions of this Law, the sale, acquisition of state key protection of wild animals or their products, the circumstances are serious, constituting the crime of speculation, smuggling, in accordance with the relevant provisions of the Criminal Law shall be held criminally responsible.
The confiscated objects shall be disposed of by the administrative department of wildlife or its authorized units in accordance with the provisions.
Four, three protected animals can be artificial breeding?
To obtain the relevant qualifications, for qualified legal procedures can be artificial breeding. For example:
Bamboo rats are a kind of animal that feeds on bamboo and plant stalks, and are named for eating bamboo, and wild species are especially valuable, among which the flowering white bamboo rats, small bamboo rats, large bamboo rats, and Chinese bamboo rats are the state's "Three Protected Animals", and can't be caught without authorization, and the wild bamboo rats are mainly found in the tropical forests, thickets and scrubs in the eastern part of Africa and the southern part of Asia. The wild bamboo rat mainly inhabits tropical and subtropical forests, thickets and bamboo forests in eastern Africa and southern Asia. It is a large body meat, has a high food and economic value, some research shows that the bamboo rat meat can be used for medicinal purposes, is a natural beauty and body strengthening. Good, because many farmers see the value of the bamboo rat, in the countryside have started breeding, so as to make a fortune.
No matter what the wildlife, do not kill, not only illegal, and can not eat nourishment, but also may be infected with viruses. So you want to eat meat to buy tested livestock and poultry meat on the good, the same can meet the body's nutritional needs.
Killing of three protected animals sentencing standards 2According to Article 341 of the Criminal Law: illegal hunting and trapping, killing of national key protection of precious and endangered wildlife, or illegal acquisition, transportation, sale of national key protection of precious and endangered wildlife and their products, shall be sentenced to less than five years' fixed-term imprisonment or detention, and shall be punished by a fine; if the circumstances are serious, shall be sentenced to more than five years to less than ten years of fixed-term imprisonment and shall be punished by a fine. If the circumstances are particularly serious, the penalty shall be fixed-term imprisonment of ten years or more, and a fine or confiscation of property.
Second, how to protect wildlife
According to China's "Wildlife Protection Law", in the "Wildlife Protection Law" of the second chapter, specifically on the protection of wildlife to make a number of provisions:
Article 8, the state protects wildlife and their living environment, prohibits any unit or individual illegal hunting or destruction.
Article 9: The state implements key protection for precious and endangered wild animals. The wild animals under the state's key protection are divided into wild animals under first-class protection and wild animals under second-class protection. The list of wild animals under key state protection and its adjustment shall be formulated by the administrative department of wild animals under the State Council and reported to the State Council for approval and publication.
Local key protection of wildlife, refers to the state key protection of wildlife, other than wildlife, by the provinces, autonomous regions and municipalities directly under the Central Government key protection of wildlife. The list of wildlife under local key protection shall be formulated and published by the governments of the provinces, autonomous regions and municipalities directly under the Central Government, and reported to the State Council for the record.
The list of beneficial or economically and scientifically important terrestrial wildlife under state protection and its adjustment shall be formulated and published by the administrative department of the State Council for wildlife.
Article 10: The competent wildlife administrative department under the State Council and the governments of provinces, autonomous regions and municipalities directly under the Central Government shall designate nature reserves in the areas and waters where the main habitats and reproduction of the national and local key-protected wildlife occur, and strengthen the protection and management of the national and local key-protected wildlife and their living environment.
The designation and management of nature reserves shall be handled in accordance with the relevant provisions of the State Council.
Article 11, wildlife administrative departments at all levels shall monitor and supervise the impact of the environment on wildlife. When the environmental impact causes harm to wildlife, the competent administrative department for wildlife shall investigate and deal with the matter together with the relevant departments.
Article 12, the construction project on the national or local key protection of the living environment of wildlife adversely affected, the construction unit shall submit an environmental impact report; environmental protection departments in the approval, shall seek the views of the administrative department for wildlife at the same level.
Article 13, the state and local key protection of wildlife threatened by natural disasters, the local government shall take timely rescue measures.
Article 14, due to the protection of national and local key protection of wildlife, resulting in crop or other losses, the local government to give compensation. Compensation methods shall be formulated by the governments of provinces, autonomous regions and municipalities directly under the Central Government.
The killing of three protected animals sentencing standards3The so-called "three animals", refers to the beneficial, economically important, scientific research value of wild animals, they are equally protected, not allowed to hunt. For the "three animals", private capture can be killed more than 20 (strips) constitute a crime.
"Chinese People's **** and the State Wildlife Protection Law" stipulates:
1, Article XVII of the State to encourage the domestication and breeding of wild animals. Those who domesticate and breed wild animals under the State Key Protection shall hold a license. The management of the license shall be formulated by the administrative department of wildlife under the State Council.
2. Article 33 Anyone who violates the provisions of this Law and hunts wild animals without obtaining a hunting license or in accordance with the provisions of the hunting license shall have the wildlife administrative department confiscate the hunted objects and the illegal income, impose a fine, and may confiscate the hunting tools and revoke the hunting license.
3. If a person violates the provisions of this Law and hunts wild animals with a gun without obtaining a gun license, he or she shall be punished by the public security authorities in accordance with the provisions of Article 32 of the Law on Public Security Administration Punishments.
Common national "three" protected animals are: grackles, pachyderms, paintbrush, cauliflower snakes, wild boar, quail, soft-shelled turtles, yellow finches, Chinese bees and so on.
The so-called "three have" animals are those beneficial terrestrial wildlife with important economic and scientific research value.
In the "three have" list of protected animals, the protected animals include 88 species of Orca, 707 species of Orca, 291 species of Amphibia, 395 species of Reptilia, 120 genera of insects and another 110 species, *** counting 5 Orca, 46 Orca, 177 Families, 1,591 species, and 120 genera of insects, all species and another 110 species. 110 species.