An Empirical Study on Criminal Cases of Destroying Aquatic Wildlife Resources
Under the background of ecological civilization construction,improving the punishment of aquatic wildlife related crimes in criminal law is an important guarantee for wildlife protection.Articles 151,340 and 341 of the Criminal Law stipulate the crime of destroying aquatic wildlife resources,and the Interpretation on Several Issues concerning the Application of Law in Handling Criminal Cases of destroying Wildlife Resources adjusts the conviction and sentencing standards for crimes of destroying wildlife resources in view of new situations and problems of crimes of destroying wildlife resources.Through the analysis of the relevant samples in 2021 and 2022,it is found that there are still problems injudicial practice,such as narrow scope of criminal law protection,lower crime threshold,lighter criminal punishment than administrative punishment,too high application rate of probation,inapplicable fine amount model,and lack of preventive relief measures.It is suggested to improve the protection system of aquatic wildlife resources in the Criminal Law,adjust the relevant provisions of judicial interpretation,and build a complete penalty application system,so as to punish the crime of destroying aquatic wildlife resources in the whole chain,effectively protect the ecological environment,and maintain biodiversity and ecological balance.
aquatic wildlife resourcesstandards for conviction and sentencingpenalty application system
万方数据
维普
