Legal Analysis

The object of this crime is the management system of precious and endangered wild animals under national key protection. Rare and endangered wild animals are a valuable natural resource of the country. They not only have important economic value, but also have important cultural value, social value and even political value. Therefore, the state has formulated a series of laws and regulations to protect wild animals and focused on protecting precious and endangered wild animals. The objective aspect of this crime is the illegal hunting and killing of precious and endangered wild animals under national key protection. There are many ways to illegally kill precious and endangered wild animals, but they can be summarized into three categories: hunting precious and endangered terrestrial wild animals, catching precious and endangered aquatic wild animals, and killing precious and endangered terrestrial or aquatic wild animals. animal.

Legal Basis

Article 341 of the Criminal Law of the People's Republic of China and the People's Republic of China: Illegal hunting or killing of precious or endangered wild animals under key state protection, or Anyone who illegally purchases, transports, or sells precious and endangered wild animals and their products under special state protection 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 10 years, and shall also be fined. ; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined or his property shall be confiscated. Anyone who violates hunting regulations by hunting in a protected area or hunting period or using prohibited tools or methods and destroying wild animal resources, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control, or a fine. Anyone who violates wildlife protection and management regulations and illegally hunts, purchases, transports, or sells terrestrial wild animals that naturally grow and reproduce in the wild environment other than those specified in the first paragraph for the purpose of consumption, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.