Study on the Practical Orientation and Normative Application of the Criminal Law Protection of Aquatic Resources
The legal system of dual protection of aquatic resources under administrative and criminal law has formed in China.The specialization of the administrative norms and the precision adjustments of the criminal law norms have put forward new requirements for rationalized regulation of judicial practice.The judicial practice of criminal law protection of aquatic re-sources is characterized by the lack of substantive interpretation in the judgment of illegality,the absence of illegal evaluation function of the elements of crime quantity,as well as the ambiguity in the definition of joint and down-stream responsibility,which needs to be improved in terms of crime nature,crime quality and correlative responsibility.The determination of the crime nature of criminal law protection should be based on the premise of clarified judgment position and determination path of the du-al illegality,which is followed by substantial explanation of the spatio-temporal and means elements of the harmful behavior.The"serious circumstances"of aquatic resources crime present a binary evaluation mode of"prioritizing infringement manner,sup-plemented by the crime amount",and it is necessary to accurately grasp the multi-dimensional transmutation of the crime amount,with a limitation on decriminalization to the infringement manner,and to make clear the general rules and the normative borrowing in special circumstances in the judgment of miscellaneous provisions.The delineation of joint criminal liability is based on a binary review mechanism,with typological analyses to be conducted in accordance with the organizational and behavioral characteristics of joint crimes,keywords for determining liability for down-stream crimes to be accurately interpreted.
aquatic resourcescrime of illegally fishing aquatic productcrime naturecrime quantitycorrelative responsibility
万方数据
维普
