Study on the factors for determining the"serious circumstances"of illegal fishing behavior
The identification factors of"serious circumstances"in illegal fishing behavior have not yet formed a unified standard at the legislative level,leading to deviation in the identification factors of"serious circumstances"in practice.Illegal fishing behaviors with similar harmfulness are sometimes subject to completely different administrative penalties,which is inconsistent with the requirements of the proportionality principle.Therefore,it is necessary to unify the recognition factors of"serious circumstances"in illegal fishing behavior at the legislative level.This article is based on the normative provisions and judicial cases related to"serious circumstances"of illegal fishing behavior in China,summarizing the current situation of imperfect legislative norms and inconsistent judicial practice recognition factors,and analyzing the causes and impacts of the current situation of"serious circumstances"recognition.On this basis,combined with the factors listed in China's laws and regulations for the"serious circumstances"of illegal fishing and the factors included in judicial decisions,this paper puts forward a proposal to unify the identification factors of"serious circumstances"of illegal fishing in the Detailed Rules for the Implementation of the Fisheries Law.
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