Although the state's efforts to crack down on the illegal smuggling of wild endangered animals and plants trade continue to increase, but every year there are still people who have drilled into the eyes of money, who are not afraid of death, doing illegal smuggling, and every year the customs officials will also break the news of cracking down on illegal smuggling of endangered animal and plant products.
These endangered animal and plant products, in addition to being used as luxury handicrafts, can also be used as medicinal purposes. Today, Materia Medica and you look at a group of customs anti-smuggling blockbusters, talk about how many years can be sentenced to smuggling endangered animals and plants, and where have these treasures confiscated by customs gone? As precious resources, they can not be legally auctioned, resource-based use.
First, let's take a look at a group of customs anti-smuggling blockbusters
1. 7.48 tons of ivory case
On March 30, 2019, Guangdong Huangpu Customs cracked the smuggling case of extra large ivory, seizing 7.48 tons and 2748 ivory at the scene! This magnitude breaks customs records.
The criminal is not a person, but a transnational criminal group, illegal acquisition, illegal production of fake documents, illegal transportation, illegal sales, forming a complete industrial chain!
2. Indian Sandalwood Case
In 2020, Whampoa Customs seized 2 tons of Indian incense boxes made of Indian sandalwood. Indian sandalwood is one of the three species of incense sticks recognized in the world, with a strong aroma, mainly distributed in India, Nepal, Pakistan, Bhutan, Malaysia and other regions, belonging to the Convention on International Trade in Endangered Species of Wild Fauna and Flora Annex II. protection.
3. Haizhen Huicui
In 2021, Guangzhou Customs seized 27.5 kg of tortoiseshell products, 5.4 kg of stony corals, 5.5 kg of brick products, 3.5 kg of sperm whale teeth, 1.9 kg of Tang guan snail, 0.9 kg of whole crocodile skin, and 0.7 kg of dried seahorse, all of which are seafood treasures.
In the first three quarters of 2021, Gongbei Customs seized 267 kilograms of ivory products, red corals, pangolin scales, dried seahorses and other endangered wild animals and plants and their products.
4. Small cases are not spared
Of course, don't take chances, thinking that the customs only grasps big cases, and the customs does not let go of small cases of smuggling wild animals and plants by courier! In 2020, Guangzhou Customs found suspicious situations when scanning transit mail, and found that it was illegally mailed dry seahorses, 3 packs of dried seahorses, a total of 128 tails, with a total weight of only 645 grams, less than one kilogram.
In August this year, Guangzhou Customs also seized a batch of seahorses in the inspection of incoming mail, with a total of 5554! In traditional Chinese medicine, the seahorse is a kind of expensive tonic herbs, the breeding and collection of seahorses, sales need government approval, the current domestic retail market, a pair of seahorses of this size, the price is about 100 yuan / pair. It seems that couriers can also deliver big cases.
Second, if these things are committed, as little as five years, and more is indefinite!
The above crimes all involve the penalties of the Criminal Law, ranging from 5 years to indefinite periods of time, and fines! The penalties for smuggling endangered animals are more severe than the penalties for smuggling rare plants! According to Article 150 of the Criminal Law:
Whoever smuggles cultural relics, gold, silver and other precious metals whose export is prohibited by the State, or precious animals and their products whose import or export is prohibited by the State, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be sentenced to confiscation of property; If the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined.
Whoever smuggles rare plants, their products, or other goods or articles whose import or export is prohibited by the State, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined or fined individually; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.
According to the judicial interpretation, the "precious animals" mentioned above include animals listed in the List of Wild Animals under National Key Protection and the Convention on International Trade in Endangered Species of Wild Fauna and Flora, whether wild or artificially farmed. "Rare plants" include plant species in the Directory of Wild Plants under National Key Protection, the List of Wild Medicinal Species under National Key Protection, the Directory of National Precious Tree Species, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora, whether wild or artificially cultivated.
ginseng
licorice
Gastrodia
Ginkgo biloba leaves
According to this standard, according to the latest version of the list, many artificially cultivated Chinese medicinal materials that we feel are not rare and precious, such as gastrodia, huanglian, ginkgo biloba, licorice, ginseng, musk, etc. can be regarded as "precious animals" or "rare plants" products. Once smuggled, it is a big deal! Therefore, I advise my fellow medicinal herbs to remember to "walk steadily and far", and make quick money hot.
Third, where did the customs penalty go? Can it be used legally?
This is a problem that many people are very concerned about but do not pay attention to the "last mile". Customs confiscates the number of endangered animals and plants such as ivory, rhino horn, pangolin tablets, agarwood, sandalwood and other endangered animals and plants every year, hundreds of tons, which are valuable, and these things are themselves precious resources. Can it be legally auctioned, such as rhino horn, ivory, and nail tablets? On this issue, let's analyze it layer by layer.
1. Can Customs auction or destroy it?
First of all, customs confiscated other ordinary commodities, such as oil, ordinary food and drugs, which can be auctioned or destroyed according to law. However, if endangered animals and plants and their products are confiscated, the customs itself cannot auction them, nor can it be said that they will be destroyed. According to Article 26 of the Regulations of the People's Republic of China on the Administration of import and export of endangered wild animals and plants:
The confiscation of the goods shall be transferred to the competent departments for wildlife for handling in accordance with law; Where confiscated goods need to be quarantined in accordance with law, they shall be disposed of after passing the quarantine. Where confiscated physical goods need to be returned to the country (region) of origin, the competent departments for wild animals and plants shall transfer them to the national endangered species import and export management agency for handling in accordance with the provisions of the Convention.
Therefore, these endangered animal and plant products confiscated by the customs can only be handed over. Varieties that belong to the management of the national agricultural department, the customs will hand over the management of the agricultural department, such as seahorse, white and so on. If it belongs to the management of the State Forestry and Grassland Administration, the customs will hand over to the forestry and grassland department for handling, such as ivory, rhino horn, tiger bone, pangolin, etc. Such operations are common.
Dongxing Customs handed over endangered products such as ivory to the Fangchenggang Forestry Bureau
Guangzhou Customs handed over endangered animal and plant products to the Guangzhou Garden and Forestry Bureau
2. Do the Agricultural Bureau and the Forestry and Grassland Bureau have the right to dispose of it?
Many people have the spirit of asking the bottom of the matter, after the customs hand over these things to the Agricultural Bureau and the Garden Bureau, can the local Agricultural Bureau and the Garden Bureau legally auction them? Regarding this piece, in fact, the current legal system still has a certain blind spot. Of course, the government is also aware of this blind spot, and if this blind spot is not eliminated, it is estimated that the confiscated goods warehouses in various places will explode. In November 2021, the State Forestry and Grassland Administration issued the Administrative Measures for the Custody and Disposal of Fines and Forfeitures of Wild Animals and Plants and Their Products (Draft for Solicitation of Comments), which solicited public comments and ended on November 20, 2021. This management measure has not yet been formally adopted, but from the draft for comments, it can also be predicted with a high probability that the "last mile" of the disposal of endangered animal and plant products that have been confiscated will be like.
Article 12 of the Draft for Comments stipulates that the authority to dispose of endangered animal and plant products confiscated is "at or above the county level" for animal and plant management departments, and three clear principles are set for their disposal:
(1) For dead wild animals and plants and their products, which can be used, they shall be disposed of by means of public welfare donation, allocation, public auction, sale, etc. The object of public interest donations and allocation shall be state-owned units, and the wild animals and plants donated or allocated by public welfare and their products shall be used only for public welfare activities such as scientific research, conservation of germplasm resources, science popularization and education, display, or artificial breeding (training), and must not be used for business activities, and the two parties shall sign an agreement; Public auctions are open to wild animals and plants and their products that are not restricted in circulation; The sale of wild animals and plants and their products that require administrative licensing is restricted.
(2) Where it is prohibited to use, except for public welfare activities, it shall be disposed of by means of storage and sealing or harmless treatment.
(3) Treat those that have hidden dangers to biosecurity, ecological security, or public health, as well as those that decay and deteriorate, are difficult to preserve, or exceed the shelf life, be treated harmlessly.
Fourth, the conclusion of the old student
According to the above three principles, Materia Medica is expected to:
1. If trade is prohibited by cites conventions such as tiger bones, leopard bones, and rhino horns, and the use of varieties is explicitly prohibited by mainland regulations, it is basically impossible to transfer fines and confiscations to commercial use such as medicinal products and handicrafts. Those who have this thought can die this heart early. Research into artificial cultivation or equivalent alternatives is the right way to go.
2. Endangered animal and plant products such as gastrodia, ginseng, licorice, seahorse, musk, antelope horn, etc., that can only be operated without restrictions on circulation or licensing, may return to legal commercial use in the form of public auction or sale, so as to make the best use of the goods and avoid waste of resources. Nevertheless, it is hoped that there will be fewer and fewer crimes of smuggling endangered animal and plant products, and these confiscated materials will be less and less.
sea horse
What do you think about that?