Is it a crime for individuals to raise wild animals?
It is not illegal to raise wild animals within the normal range, and you can apply for a licensed feeding license to raise them. Units and individuals that domesticate and breed wildlife under special state protection may, in accordance with regulations, sell wildlife under special state protection or their products to purchasing units designated by the government. Article 22 It is forbidden to sell or buy wild animals under special state protection or their products. Due to special circumstances such as scientific research, domestication and breeding, exhibition, etc. , need to sell, purchase and use the national first-class protected wild animals or their products, must be approved by the the State Council wildlife administrative department or its authorized units; Where it is necessary to sell, purchase or utilize wildlife under second-class state protection or its products, it must be approved by the wildlife administrative department of the government of the province, autonomous region or municipality directly under the Central Government or its authorized unit.
Units and individuals that domesticate and breed wildlife under special state protection may, in accordance with regulations, sell wildlife under special state protection or their products to purchasing units designated by the government. The administrative department for industry and commerce shall supervise and manage the wild animals or their products entering the market.
Article 31 Whoever illegally kills or kills wildlife under special state protection shall be investigated for criminal responsibility in accordance with the Supplementary Provisions on Punishing the Crime of Killing and Killing Rare and Endangered Wildlife under special state protection.
Article 32 Anyone who, in violation of the provisions of this Law, hunts wild animals in a no-hunting area or during a no-hunting period, or uses prohibited tools or methods, shall be confiscated by the wildlife administrative department and fined; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the provisions of Article 130 of the Criminal Law.
The second opinion is that according to the provisions of the Wildlife Protection Law and the Regulations on the Implementation of Terrestrial Wildlife Protection, wildlife products refer to any part of terrestrial wildlife and its derivatives. As long as it belongs to the national key protected wildlife species stipulated by the Wildlife Protection Law, it is protected by the Wildlife Protection Law no matter where it lives. Li violated the laws and regulations on wildlife protection, and illegally purchased the products of brown bear, a rare and endangered wildlife under special state protection, which constituted the crime of illegally purchasing rare and endangered wildlife products.
The object of the crime of illegally purchasing, transporting and selling rare and endangered wild animals and their products is the management system of rare and endangered wild animals under special state protection. The object of this crime can only be rare and endangered wild animals and their products under special state protection. Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Wild Animal Resources dated June 5438+February 1 2000 stipulates that rare and endangered wild animals include the first-and second-class protected wild animals listed in the List of National Key Protected Wild Animals, the wild animals listed in appendices 1 and 2 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the above-mentioned domesticated and propagated wild animals. Precious and endangered wildlife products refer to any parts of precious and endangered wildlife or articles processed from any parts, including fur, bones, limbs, organs, body fluids, scales and other parts and their finished products. 1988165438+1On October 8th, the National People's Congress Standing Committee (NPCSC) passed the Wildlife Protection Law of People's Republic of China (PRC). Article 2 stipulates that the protection of wild animals refers to precious and endangered terrestrial and aquatic wild animals and terrestrial wild animals that are beneficial or have important economic and scientific research value.
The above explanation of whether this individual raises wild animals constitutes a crime is relatively clear. The management of wildlife authorities in this respect is also very strict, and those who do not abide by the rules should be disposed of in accordance with the relevant rules.