On Identification and Prohibition of Wild Animal Consumption Defined in The Decision of the Standing Committee of the National People's Congress on Comprehensively Prohibiting Illegal Wildlife Trade,Eliminating Indiscriminate Wildlife Consumption for the P
On Identification and Prohibition of Wild Animal Consumption Defined in The Decision of the Standing Committee of the National People's Congress on Comprehensively Prohibiting Illegal Wildlife Trade,Eliminating Indiscriminate Wildlife Consumption for the P
Human activities involving the consumption,purchase or possession for the purpose of consumption of terrestrial wildlife"other than those listed in the Catalogue of Livestock and Poultry Genetic Resources"as well as"precious and endangered aquatic wildlife under national and provincial-level protection"shall be taken as"indiscriminate wildlife consumption"as defined in The Decision of the Standing Committee of the National People's Congress on Comprehensively Prohibiting Illegal Wildlife Trade,Eliminating Indiscriminate Wildlife Consumption for the Protection of the People's Lives,Health and Safety(hereafter referred to as The Decision on Prohibiting Wild Animal Abuse).In law enforcement or criminal justice practice,the discovery,evidence collection and prosecution of"indiscriminate wildlife consumption"face difficulties,and there is an urgent need to expand the interpretation of"purchasing or possessing for the purpose of consumption"of wildlife to"indiscriminate wildlife consumption"and to impose legal sanctions.For the behavior of eating wild animals prohibited for consumption by the The Decision on Prohibiting Wild Animal Abuse,if it is an ordinary violation,it is advisable to implement"aggravated"punishment by doubling the amount of fine on the basis of existing legal provisions.It is also recommended that administrative sanctions be standardized by expanding the types of penalties,clarifying the range of"aggravated"penalties and refining the provisions of administrative coercive measures.If it is a criminal behavior,although"aggravated"punishment can be implemented on the basis of existing legal provisions,it is urgent to clarify the"base point"and the range of"aggravated"punishment through the judicial interpretation of the Supreme People's Court and the Supreme People's Procuratorate.For the indiscriminate consumption of newly added wildlife on the prohibition list of The Decision on Prohibiting Wild Animal Abuse,whether it is an ordinary violation or a criminal behavior,"reference"punishment is only a"temporary expedient"of The Decision on Prohibiting Wild Animal Abuse,and it is urgent to make up for the lack of an administrative enforcement or criminal judicial basis through legislation in order to achieve effective ban of"indiscriminate consumption of wildlife".
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