The Criminal Excessive of Wildlife Protection in China and Its Reasonable Limitation and Control
In order to curb the trend of criminalization of wildlife administrative violations,the Supreme People's Court and the Supreme People's Procuratorate have issued a new"interpretation on the application of laws in handling criminal ca-ses involving destruction of wildlife resources".This judicial rule has effectively controlled the problem of excessive criminal-ization.However,issues related to excessive criminalization concerning wildlife protection still persist:firstly,legislative o-ver-criminalization is evident as there is complete overlap between criminal offenses and administrative violations,with crimi-nal legislation surpassing administrative legislation in terms of protecting wildlife;secondly,judicial overreach is observed through broadening the scope of criminal behavior,lowering requirements for subjective knowledge determination,arbitrarily expanding the range of targets,and transforming administrative violations into crimes.The root cause behind this excessive criminalization lies mainly in an over-reliance on punitive measures for addressing actions that harm wildlife resources.Judicial authorities tend to focus excessively on formal prosecution while neglecting substantive punishment.Additionally,in-adequate regulations exist regarding administrative preconditions.To address these issues,it is necessary to limit the scope of penal sanctions within criminal law,regulate criminal behaviors reasonably,and improve laws and regulations pertaining to wildlife protection.
wildlife protectioncriminal meansexcessivesanction and control
万方数据
维普
