1. It is illegal for the state to protect 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;
It is not illegal for the state not to protect animals.
Wild snakes are protected animals. Basically, many provinces have designated all wild snakes as protected animals, and only artificially raised snakes can be sold for food. Due to human destruction, habitat loss and other factors, the proportion of endangered species on the earth is increasing at an alarming rate. Therefore, it is urgent to protect animals, and the whole world is calling for the protection of animals.
Elements of the crime of endangering precious and endangered wild animals;
1. Infringement object: the management system of rare and endangered wild animals under special state protection;
2. Objectively speaking, illegally hunting and killing rare and endangered wild animals under special state protection, or illegally purchasing, transporting and selling rare and endangered wild animals under special state protection and their products;
3. Subject: a general subject who has reached the age of criminal responsibility and has the ability of criminal responsibility;
4. Subjective aspect: Intentionally, that is, hunting, killing, illegal acquisition, transportation and sale knowing that it is a precious and endangered wild animal.
Legal basis: Article 341 of the Criminal Law of People's Republic of China (PRC).
Crime of Endangering Rare and Endangered Wild Animals Whoever 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.
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.
The crime of illegally hunting, purchasing, transporting and selling terrestrial wild animals violates the laws and regulations on wildlife protection and management, and illegally hunting, purchasing, transporting and selling terrestrial wild animals that naturally grow and breed in the wild environment for the purpose of eating. If the circumstances are serious, it shall be punished in accordance with the provisions of the preceding paragraph.