Confusion,Standards and Limitations of Judicial Determination of Illegal Hunting Offenses
In recent years,there have been numerous cases of illegal hunting crime cases that have been ruled against common sense,showing the conflict between social cognition and judicial determination.Reexamining the standard of judicial determination and resolving the controversy of judicial determination is a practical need to alleviate such conflict.We collected 311 first-instance criminal judgments on illegal hunting from 2022 to 2024 and analyzed them and found that there are three major features:single determination,shallow awareness of the rule of law of the perpetrators,and non-custodial sentences as the main criminal punishment.Based on the basic features of the crime of illegal hunting,there are following confusions in the judicial determination,namely,the inconsistency of the determination standard,the recognition of illegality,and the problem of generalization of criminal punishment.Theoretically and legislatively,it is fundamental to resolve the confusion by clarifying the disputes over the objective"seriousness of the circumstances",the subjective"knowledge",and the lack of clarity in the protection of legal interests that exist in the current judicial determination standards,which results in a lack of distinction between punishment and enforcement.To enhance the credibility of justice and the authority of the law,the judicial determination of illegal hunting crime should be limited,first need to clarify the"aggravating circumstances"identified rigorous and"knowingly"identify the need to follow the principle of modesty in criminal law,to protect the interests of the law.The principle of moderation of the criminal law should be followed,and the protection of the law should be taken as the benchmark for the protection of the interests of wild animals.The prudent determination of the crime of illegal hunting may not be conducive to the protection of wildlife and its resources in form,but in the long run,it has the dual interests of protecting wildlife and human beings.
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