Judicial Application of the Criteria of Severity of the Crime of Alien Invasive Species
Invasive alien species have become a serious obstacle to China's ecological environment protection and economic growth.In response to the increasingly severe situation of alien species invasion,"Amendment(XI)to the Criminal Law of the People's Republic of China"adds a new legal provision to respond to the situation of invasive alien species.Analyzing the grammar structure of the article,the crime belongs to the abstract dangerous crime,as long as the perpetrator carries out the act of introducing,releasing or discarding without permission,the public security judicial organ can investigate the criminal responsibility.The difficulty of investigating this crime lies in the requirement of"serious circumstances".The connotation of"serious circumstances"should be interpreted from the nature of abstract dangerous crime and administrative crime,and the formulation of the standard of"serious circumstances"should be discussed under the legal interest valve of criminal law to set the protection of this crime,and the standard of"serious circumstances"should be set comprehensively considering various factors involving legal interests and the nature of this crime.
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