1. According to the relevant laws of our country, the maximum sentence for killing animals under second-class protection depends on the circumstances of the crime. Generally, they are sentenced to fixed-term imprisonment of not more than five years or criminal detention, and they are also fined. At the beginning of February this year, the newly adjusted List of National Key Protected Wild Animals (hereinafter referred to as the List) was officially promulgated and implemented. The list lists a freshwater fish named Sesame Sword (scientific name spot) as a national second-class protected wild animal, which means that fishing, eating and trading related to Sesame Sword will violate national laws in the future.

Two, illegal hunting and killing of precious and endangered wild animals constitute

(1) object element.

The object of this crime is the management system of rare and endangered wild animals under special state protection.

(2) objective factors.

This crime is objectively manifested as illegal hunting and killing of rare and endangered wild animals under special state protection. There are various ways to illegally kill precious and endangered wild animals, but they can be summarized into three categories: hunting precious and endangered terrestrial wild animals, fishing precious and endangered aquatic wild animals, and hunting precious and endangered terrestrial or aquatic wild animals. When, where, with what tools, with what methods, will not affect the establishment of this crime. In practice, one of the two ways of illegal hunting and killing can constitute this crime, and the other two ways can only constitute one crime, and cannot be punished according to several crimes. This crime belongs to behavioral crime. As long as the perpetrator carries out the illegal killing of precious and endangered wild animals, it constitutes a crime. Whether there are serious circumstances is not the boundary between crime and non-crime. The accomplishment of the crime of illegally killing precious and endangered wild animals is based on the constitutive requirements of the crime. As long as one of hunting, fishing and killing is completed, it constitutes accomplishment. Whether to kill precious and endangered wild animals is not the only sign of the accomplishment of this crime.

(3) Main elements.

The subject of this crime is the general subject, that is, anyone who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. The unit can also be the subject of this crime.

(4) Subjective factors.

Subjectively, this crime is intentional, and negligence does not constitute this crime. The actor may eat for his own use, give gifts to relatives and friends or go out to play for profit, which can constitute this crime.

Legal basis:

Criminal law of the people's Republic of China

Article 341 Crime of Illegal Hunting and Killing of Precious and Endangered Wild Animals Whoever illegally buys, transports or sells precious and endangered wild animals 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.

The crime of illegal hunting, which violates hunting laws and regulations, hunts in a game reserve or during a game ban, or hunts with prohibited tools and methods, 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.