Research on the Narrow Application of the Crime of Illegal Hunting

Jiaqi Xi

doi:10.54097/c7p44g55

Authors

Jiaqi Xi

DOI:

https://doi.org/10.54097/c7p44g55

Keywords:

Crimes, Illegal Hunting, Citizen

Abstract

In 2022, the Supreme People's Procuratorate and the Supreme People's Court issued the "Interpretation on the Application of Law in Handling Criminal Cases of Damaging Wild Animal Resources", which modified part of the conviction standards for the crime of illegal hunting. However, in judicial practice, the trend of over - expansion of the crime of illegal hunting still exists. First, the principle of modesty and restraint of criminal law should be considered to avoid evaluating administrative illegal acts as criminal acts. Second, attention should be paid to the review of the actor's subjective knowledge to avoid objective imputation. Finally, the judicial application should be restricted by balancing the protection of wild animals and the interests of people's livelihood.

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