According to relevant laws, those who illegally hunt and kill rare and endangered wild animals under special state protection, or illegally purchase, transport and sell rare 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, they 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, they shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined or confiscated.
The constitutive elements of the crime of suspected illegal hunting and killing of precious and endangered wild animals are as follows:
1, object elements. The object of this crime is the management system of precious and endangered wild animals under special state protection. Precious and endangered wild animals are a valuable natural resource of the country, which not only has important economic value, but also has important cultural value, social value and even political value. Therefore, the state has made a series of laws and regulations to protect precious and endangered wild animals.
2. objective elements. Objectively, this crime is manifested as illegal hunting and killing of rare and endangered wild animals under special state protection;
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 elements. Subjectively, this crime is intentional, and negligence does not constitute this crime. The actor may be selling for profit, eating for his own use, giving gifts to relatives and friends or going out for fun, which can constitute this crime.
legal ground
Criminal Law of the People's Republic of China
Article 341 Crime of Endangering Rare and Endangered Wild Animals Whoever illegally hunts and 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.
If the crime of illegal hunting violates hunting laws and regulations, hunts in a game-forbidden area or during a game-forbidden period or uses prohibited tools and methods, and the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
The crime of illegally hunting, buying, transporting and selling terrestrial wild animals violates the laws and regulations on wildlife protection and management, and illegally hunting, buying, transporting and selling terrestrial wild animals that grow and breed naturally in the wild environment for the purpose of eating. If the circumstances are serious, they shall be punished in accordance with the provisions of the preceding paragraph.