The Deviation and Amendment of the Concept of"Wild Animals"in Criminal Law
As a descriptive constituent element,the concept of"wildlife"should be under-stood by members of society because it indicates the purpose of"real facts".Therefore,when in-terpreting,the usual meaning should be taken,that is,"the more descriptive the concept,the more reasonable its meaning is for the public.".However,the concept of"wildlife"in China's Criminal Law has deviated from the usual meaning of"wildlife"and has further broken through the scope of wildlife protection stipulated in the Wildlife Protection Law in practice.The addition of Article 341,Paragraph 3 in the Eleventh Amendment to the Criminal Law symbolizes the shift of the Criminal Law's wildlife related crimes from a single legislative purpose to a dual legislative pur-pose,that is,from protecting wildlife to protecting wildlife and promoting public health and saf-ety.However,there are significant differences in the content of the concept of"wild animals"in different legislative purposes.Therefore,in China's Criminal Law,there have been significant differences in the definition of the same concept in different provisions of the same article,which goes against the requirement of clarity in criminal law.Therefore,it is necessary to consider amending the term"wildlife"in the current Criminal Law for different legislative purposes,to avoid misunderstandings in wording and ensure the accuracy of the application of the Criminal Law.
Principle of LegalityLiteral InterpretationWildlife Protection Lawthe Prin-ciple of Clarity in Criminal LawDescriptive Constituent Elements
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