Doctrinal Analysis of the Crime of Illegally Introducing,Releasing and Discard-ing Alien Invasive Species
The regulation of illegal disposal of invasive alien species has a dual orientation,with increasing ef-forts to crack down on them at the administrative law level,but few cases have occurred at the criminal law level.The reason for this situation is that the country has not issued relevant judicial interpretations on the crime of illegal introduction,release,and disposal of invasive alien species,resulting in vague judicial applica-tion.The legal interests of this crime should be clearly defined as the national management system of the alien species and the national ecological security.Therefore,the object of this crime should be limited to the species listed in the list published by the competent department.The introduction behavior in objective criminal be-havior should be interpreted as importing from overseas,and the discarding and abandonment behavior should clearly define the substantive connotations of non-action crime and special behavior.The subjective form of guilt should negate the establishment of negligent offenses,and only affirm intentional forms of crime.The seri-ous circumstances in the facts of the crime should be understood as elements of illegality and only include ob-jective elements.
NETL
NSTL
万方数据
