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 Wildlife Resources stipulates that Article 6? Illegal hunting of more than twenty wild animals; In violation of hunting laws and regulations, hunting in a no-hunting area or during a no-hunting period, or hunting with prohibited tools and methods, is illegal hunting with "serious circumstances".
The Law of People's Republic of China (PRC) on the Protection of Wild Animals stipulates that Article 17 the State encourages the domestication and breeding of wild animals. Anyone who domesticates and breeds wild animals under special state protection shall hold a license. Measures for the administration of licenses shall be formulated by the administrative department of wildlife in the State Council.
Article 33 Anyone who, in violation of the provisions of this Law, fails to obtain hunting license or hunt wild animals in accordance with the provisions of hunting license, shall confiscate his prey and illegal income, impose a fine, and may also confiscate hunting tools and revoke hunting license.
Article 34 1 of the Criminal Law: Anyone who illegally hunts and kills rare and endangered wild animals under special state protection, or illegally buys, transports or sells rare and endangered wild animals under special state protection and their products shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined.
Extended data:
The case of catching three animals and being sentenced
Recently, Chen Mou, a man from Chun 'an County, Zhejiang Province, was taken away by the local forest police for killing 1 14 Chinese toad, which attracted the attention of netizens.
Yesterday, the reporter learned from the person in charge of the Forest Public Security Bureau of Chun 'an County that Chen Mou was taken away because the Chinese toad is a "three-owned animal", and it can be put on file if more than 20 animals are killed. At present, the case is under investigation, and the next step will be transferred to the procuratorate to investigate Chen Mou's criminal responsibility. "Many media misunderstood this case and reported that Chen Mou was detained. In fact, we only criminally summoned Chen Mou and did not detain him. "
According to the person in charge of the Forest Public Security Bureau of Chun 'an County, on February 18, the police received an alarm from the masses that someone had caught 100 more than one toad and was slaughtering it by the stream. Chun 'an Forest Police quickly rushed to the scene and found that there were 1 14 illegally caught toads, of which 109 had been slaughtered, and only 5 live toads were released in time.
Police investigation showed that Chen Mou, a native of Anyang Township, Chun 'an County, caught the toad. The police immediately summoned Chen Mou for criminal investigation. Chen Mou confessed that catching so many toads was "mainly for eating", so in February of 14, he caught 1 14 toads in a nearby reservoir with a snakeskin bag. On February 18, he arranged for his friends to slaughter by the stream, ready to enjoy a "game".
"Chen Mou was summoned, but he didn't believe it was illegal to catch a few toads. At that time, someone tipped him off that the police wanted to arrest him, but he didn't agree. "The person in charge said.
"Chun 'an is the largest forest area in Zhejiang Province, with abundant wildlife resources, so there are relatively many cases of illegal hunting of wild animals. "According to the person in charge of the Forest Public Security Bureau of Chun 'an County, the bureau received 40 or 50 reports of illegal hunting cases a year, mainly killing toads and another local wild animal, the stone chicken.
According to its introduction, "Stone Chicken" is also a kind of frog, the scientific name is Echinothorax Frog, which is a key protected animal in Zhejiang Province. Last year, several people were transferred to the procuratorate for criminal responsibility for catching frogs.
Whenever a case is cracked, the local forest police will organize corresponding publicity. The person in charge said that this case has a great influence in the local area. "When people learned that toad could not be caught, there were more telephones."
Yesterday, the person in charge of the Forest Public Security Bureau of Chun 'an County responded, "At present, many media misread this case and wrote that Chen Mou was detained. In fact, we only take criminal compulsory measures. There are many criminal compulsory measures, and criminal detention is the most severe one. "
The person in charge said that at present, the criminal summons in Chen Mou has only been reviewed and has not been controlled. Some media reported that Chen Mou was detained, which brought great pressure to Chen Mou.
The person in charge said that at present, similar local cases are more sentenced to ecological restoration measures. "For example, if the mountain burns, how many trees should he be ordered to replant; Killing wild animals requires raising awareness of wildlife protection and publicizing laws among villagers. It is more practical to take such ecological restoration measures than to sentence the parties to imprisonment for several months or half a year. "
References:
Baidu Encyclopedia-Wildlife Protection Law
References:
Xinhuanet-It is illegal to catch three kinds of animals.
References:
Baidu Encyclopedia-the Supreme People's Court's specific response to the trial of criminal cases of destroying wildlife resources
References:
China government network-criminal law