With the improvement of living standards, there are some people in today's society, or mistakenly believe that wild animals have high nutritional value, or in order to show identity and wealth, or out of curiosity, in order to taste the appetite to find ways to eat a bite, so most of the wild game is expensive.
Zhong Mouyu, a man from Xinfeng, aimed at this business opportunity and started to make a living by acquiring "wild meat". After a long time, as long as a hunter gets "mountain goods", he will take the initiative to contact him. However, this time, Li Lingzhi was unconscious, and he even received the wild animals under the national second-level key protection.
Case Review
On the evening of July 19, 2021, the criminal suspect Zhong Mouyu illegally purchased a wild sambar deer (dead body) at a price of 75 yuan per kilogram in Changluo Township, Ganxian District, through the introduction of others, and transported the wild sambar deer (dead body) home for decomposition that night. On the morning of July 20, 2021, criminal suspect Zhong Mouyu sold decomposed wild venison meat to a number of hotels in Xinfeng County at a price of 130 yuan per kilogram. On the evening of July 20, 2021, the criminal suspect Zhong Mouyu was arrested. After judicial appraisal, the wild animal (dead body) illegally purchased by Zhong Mouyu is called "sambar deer", which belongs to the precious and endangered wild animals under the national second-level key protection.
Recently, after the Xinfeng County People's Procuratorate reviewed it according to law, it decided to approve the arrest of criminal suspect Zhong Mouyu on suspicion of endangering precious and endangered wild animals.
At the critical moment of the nationwide fight against the novel coronavirus epidemic, on February 24, 2020, the 16th meeting of the Standing Committee of the 13th National People's Congress adopted the Decision on Completely Banning Illegal Wildlife Trade, Eliminating the Bad Habit of Eating Wild Animals, and Effectively Protecting the People's Life, Health and Safety, which completely prohibits the hunting, trading, transportation and consumption of wild animals, and violators will be punished more severely in accordance with the current laws and regulations.
Relevant legal provisions
(1) Basic norms of criminal law
Criminal Law of the People's Republic of China
Article 341: Paragraph 1 [Crimes of endangering rare and endangered wild animals]
Whoever illegally hunts or kills rare or endangered wild animals under key national protection, or illegally acquires, transports or sells rare or endangered wild animals under key national 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;
(2) Criteria for case filing
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Standards for Filing and Prosecuting Criminal Cases Under the Jurisdiction of Public Security Organs (I)
Article 65
Where rare and endangered wildlife under key national protection and their products are illegally acquired, transported, or sold, a case shall be filed and prosecuted.
"Acquisition" as provided for in this article includes purchases for the purpose of making profits, self-use, etc.; "transportation", including the act of carrying, mailing, using others, using means of transportation, etc.; "sale", including selling and processing and utilization for the purpose of making profits.
(3) Determination of circumstances
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving the Destruction of Wildlife Resources
Article 1
The "precious and endangered wild animals" provided for in the first paragraph of Article 341 of the Criminal Law include wild animals under national first- and second-level protection included in the list of wildlife under key national protection, wild animals listed in Appendices I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the above-mentioned species domesticated and bred.
Article 2
The "acquisition" provided for in the first paragraph of Article 341 of the Criminal Law includes purchases for the purpose of making profits, self-use, etc.; "transportation", including the act of carrying, mailing, using others, using means of transportation, etc.; "selling", including selling and processing and utilization for the purpose of making profits.
Article 3
Illegal hunting, killing, acquisition, transportation, or sale of rare or endangered wild animals in any of the following circumstances is "serious circumstances":
(1) Where the corresponding quantity standards listed in the Schedule to this Interpretation are met;
(2) Illegally hunting, killing, acquiring, transporting, or selling different types of rare or endangered wild animals, two or more of which each meet more than half of the "serious circumstances" number standard listed in the attached table.
Illegal hunting, killing, acquisition, transportation, or sale of rare or endangered wild animals in any of the following circumstances is "particularly serious circumstances":
(2) Illegally hunting, killing, acquiring, transporting, or selling different kinds of rare or endangered wild animals, two or more of which each meet more than half of the "particularly serious circumstances" number standard listed in the attached table.
Article 4
Illegal hunting, killing, acquiring, transporting, or selling rare or endangered wildlife constitutes a crime, and in any of the following circumstances, it may be found to be "serious circumstances"; where illegal hunting, killing, acquiring, transporting, or selling rare or endangered wildlife complies with the provisions of paragraph 1 of article 3 of this Interpretation, and has any of the following circumstances, it may be determined that "the circumstances are particularly serious":
(1) The ringleader of a criminal group;
(2) Seriously affecting the smooth progress of scientific research, breeding, and other such work on wild animals;
(3) Committing a crime by means of armed cover;
(4) Using special vehicles, military vehicles, or other means of transportation to commit crimes;
(5) Causing other major losses.
Article 5
Illegally acquiring, transporting, or selling rare or endangered wildlife products in any of the following circumstances is a "serious circumstance":
(1) Where the value is more than 100,000 yuan;
(2) Illegally making profits of 50,000 yuan or more;
(3) Having other serious circumstances.
Illegally acquiring, transporting, or selling rare or endangered wildlife products in any of the following circumstances is "particularly serious circumstances":
(1) Where the value is more than 200,000 yuan;
(2) Illegally making profits of 100,000 yuan or more;
(3) Have other particularly serious circumstances.
Article 8
Whoever commits a crime provided for in article 341 of the Criminal Law and resists investigation and punishment by means of violence or threats, constituting other crimes, shall be punished in accordance with the provisions on combined punishment for several crimes.
Article IX
Whoever forges, alters, or trades official documents or certificates such as certificates allowing the import and export of wild animals issued by state organs, special hunting permits, hunting permits, domestication and breeding permits, etc., constitutes a crime, shall be convicted and punished for the crime of forging, altering, or buying or selling official documents or certificates of state organs in accordance with the provisions of the first paragraph of Criminal Law article 280.
Where the above-mentioned acts constitute a crime, and at the same time constitute the crime of illegal business operation provided for in item 2 of criminal law article 225, the crime is convicted and punished in accordance with the provisions on heavier punishment.
Article 10
The criteria for illegally hunting, killing, acquiring, transporting, and selling wild animals not native to China listed in Appendix I and Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora that are not native to China are to be implemented with reference to the criteria for identifying wildlife under national first- and second-level protection listed in Articles 3 and 4 of this Interpretation and the attached tables; where there is no national first- or second-level protected wild animal belonging to the same family, the criteria for identifying wildlife under national first- and second-level protection are to be implemented with reference to the identification standards for wildlife under national first- and second-level protection in the same family.
Article 11
The value of precious and endangered wildlife products shall be examined and determined in accordance with the provisions of the competent departments for wildlife protection of the State; where the approved value is lower than the actual transaction price, it shall be determined by the actual transaction price.
Article 12
Where a unit commits a crime provided for in article 341 of the Criminal Law, the standards for conviction and sentencing shall be implemented in accordance with the relevant provisions of this Interpretation.
(4) Criteria for determining the number of "serious circumstances" and "particularly serious circumstances" in criminal cases of illegal hunting, killing, acquisition, transportation, or sale of rare or endangered wild animals
<col>
Chinese name
Latin name
level
The circumstances are serious
The circumstances are particularly serious
Bee monkeys
Nycticebus spp.
I
3
4
Bear Monkey
Macaca assamensis
2
Taiwan monkeys
Macaca cyclopis
1
Dolphin-tailed monkeys
Nacaca nemestrina
Langur (all species)
Presbytis spp.
Golden Snub-nosed Monkey (all species)
Rhinopithecus spp.
Gibbon (all species)
Hylobates spp.
sun bear
Helarctos malayanus
giant panda
Ailuropoda melanoleuca
sable
Zibellin martens
wolverine
Gulo mess
binturong
Arctictis binturong
Clouded leopard
Neofelis nebulosa
leopard
Panthera pardus
snow leopard
Panthera ounces
tiger
Panthera Tiger
Asian elephant
Elephas maximus
Mongolian wild donkey
Equus hemionus
Tibetan wild donkey
Equus kiang
5
wild horse
Equus przewalskii
Wild camels
Camelus ferus（=bactrianus）
Weasels
Tragulus javanicus
Black Chamois
Muntiacus crinifrons
White-lipped deer
Cervus albirostris
Po deer
Cervus eldi
sika deer
Cervus nippon
hog deer
Cervus porcinus
elk
Elaphurus davidianus
bison
Forest gaurus
Wild yak
Mutus boss(=grunniens)
Przewalski's gazelle
Procapra przewalskii
Tibetan antelope
Pantholops hodgsoni
saiga
Saiga tatarica
Twisted horned antelope
Budorcas taxicolor
Taiwanese iguana
Capricornis crispus
Impala
Naemorhedus cranbrooki
Thar sheep
Hemitragus jemlahicus
ibex
Capra ibex
beaver
Castor fiber
Short-tailed albatross
Diomedea albatrus
White-bellied frigate bird
Frigate andrewsi
white stork
Ciconia ciconia
Black Stork
Ciconia nigra
Crested ibis
Nipponia nippon
Mid-Warsaw Autumn Duck
Mergus squamatus
golden eagle
Aquila chrysaetos
White-shouldered carving
Aquila heliaca
Jade belt sea carving
Haliaeetus leucoryphus
White-tailed sea eagle
Haliaeetus albcilla
Tiger head sea eagle
Haliaeetus pelagicus
Vultures
Pseudogyps bengalensis
Bearded vulture
Gypaetus barbatus
Slender-billed grouse
Parvirostris tetrao
Spot-tailed hazelnut chicken
Tetrastes sewerzowi
Pheasant
Tetraophasis obscurus
Sichuan mountain partridge
Arborophila rufipectus
Hainan mountain partridge
Arborophila ardens
Black-headed pheasant
Tragopan melanocephalus
Red-breasted horned pheasant
Tragopan satire
Grey-bellied horned pheasant
Tragopan blythii
Yellow-bellied horned pheasant
Tragopan caboti
Rainbow pheasant (all species)
Lophophorus spp.
Brown horse chicken
Crossoptilon mantchuricum
Blue Oriole
Lophura swinhoii
Black-necked long-tailed pheasant
Syrmaticus humiae
White-necked long-tailed pheasant
Syrmaticus ewllioti
Black long-tailed pheasant
Syrmaticus mikado
Peacock pheasant
Polyplectrom bicalcaratum
Green peacock
Turkey muticus
Black-necked crane
Nigricollis grus
Bald Crane
Gravel monacha
Red-crowned crane
Gravel japonensis
Siberian crane
Gravel leucogeranus
Red-necked crane
Gravel antigone
Bustard (all species)
Otis spp.
6
Dead gulls
Larus relictus
Four-clawed tortoise
Testudo horsfieldi
8
Lizard crocodile
Shinisaurus crocodilurus
Dragons
Varanus salvator
python
Python molurus
Alligator
Alligator sinensis
Chinese cockroach
Galloisiana sinensis
Golden-spotted beaked wind butterfly
Teinopalpus aureus
Short-tailed monkey
Macaca arctoides
II
10
macaque
Macaca mulatto
Tibetan Chief Monkey
Macaca thibetana
pangolin
Sweet pentadactyla
16
jackal
Cuon alpinus
black bear
Selenarctos thibetanus
Brown bears (including horse bears)
Ursus arctos(u.a.pruinosus)
Red pandas
Ailurus fulgens
Stone mink
Foine martens
Yellow-throated mink
Flavigula martens
Spotted forest beaver
Prionodon pardicolor
Big spirit cat
Viverra zibetha
Little civet
Viverricula indica
Prairie spotted cat
Felis lybica(=silvestris)
Desert cats
Poor Felis
Jungle cat
Felis chaus
lynx
Felis lynx
manul
Felis manul
Golden Cat
felis temmincki
Fishing cats
felis viverrinus
Musk (all species)
Musk spp.
River chamois
Hydropotes inermis
Red deer (including white-rumped deer)
Cervus elaphus（C.e.macneilli）
sambar
Cervus unicolor
moose
Rising rises
Mongolian gazelle
Procapra gutturosa
15
Tibetan Hartebeest
Procapra picticaudata
Goose-throated antelope
Gazella subgutturosa
Iguana
Capricornis sumatraensis
Impala
Naemorhedus goral
Rock sheep
Pseudois nayaur
argali
Ovis ammon
Hainan rabbit
Lepus peguensis hainanus
Snow Rabbit
Lepus timidus
Tarim rabbit
Lepus yarkandensis
20
40
Giant squirrel
Ratufa bicolor
Horned partridge
Podiceps auritus
Red-necked partridge
Podiceps grisegena
Pelican (all species)
Pelecanus spp.
Bonito (all species)
Sula spp.
Sea Cormorant
Phalacrocorax pelagicus
Black-necked cormorant
Phalacrocorax niger
Yellow-billed egret
Egretta eulophotes
Rock herons
Sacred Egretta
Hainan tabby
Gorsachius magnificus
Small reed flounder
Ixbrychus minutus
Colored storks
Ibis leucocephalus
White ibis
Threskiornis aethiopicus
Black ibis
Pseudibis papillosa
Painted ibis
Pseudibis falcinellus
Eurasian spoonbill
Platalea leucorodia
Black-faced spoonbills
Platalea ninor
Red-breasted black goose
Branta ruficollis
greater white-fronted goose
Anser albifrons
Swans (all species)
Cygnus spp.
mandarin duck
Aix galericulata
Other eagles
（Accipitridae）
Falcons (all species)
Falconidae.
Black lyre chicken
Lyrurus tetrix
Willow Thunderbird
Lagopus Lagopus
Rock Thunderbird
Mutual lagopus
Sickle-winged chicken
Falcipennis falcipennis
Flower-tail hazelnut chicken
Tetrastes bonasia
Snow chicken (all species)
Tetraogallus spp.
Blood pheasant
Ithaginis cruentus
Red-bellied horned pheasant
Tragopan temminckii
Tibetan horse chicken
Crossoptilon crossoptilon
Blue Horse Chicken
Crossoptilon aurtum
Black Oriole
Lophura leucomelana
White Egret
Lophura nycthemera
Raw chicken
Gallus gallus
Spoon chicken
Pucrasia macrolopha
White-crowned long-tailed pheasant
Syrmaticus reevesii
Golden Pheasant (all species)
Chrysolophus spp.
Grey Crane
Gravel gravel
Dune cranes
Gravel canadensis
White-naped crane
Gravel vipio
Crane
Anthropoides virgo
Long-legged buzzard
Crex crex
Himeda chicken
Porzana parva
Brown-backed field chicken
Porzana bicolor
Flower field chicken
Coturnicops noveboracensis
Copper-winged pheasant
Metopidius indicus
Little Sandpiper
Numenius borealis
Little blue-footed sandpiper
Tringa guttifer
Grey swallow plover
Glareola lacteal
Little gulls
Larus minutus
Black floating gulls
Chlidonias niger
Yellow-billed river terns
Sterna aurantia
Black-billed crested tern
Thalasseus zimmermanni
Black-bellied sand chicken
Pterocles orientalis
Green Dove (all species)
Treron spp.
Black Chin Dove
Ptilinopus leclancheri
Emperor Dove (all species)
Ducula spp.
Spot-tailed forest pigeon
Columba palumbus
Dove (all species)
Macropygia spp.
Psittaculidae (all species)
Psittacidae.
Crows (all species)
Centropus spp.
Plovers (all species)
Strigiformfs
Grey-throated pintail swift
Hirundapus cochinchinensis
Crested swift
Hemiprocne longipennis
Orange-breasted bites
Harpactes oreskios
Blue-eared kingfisher
Alcedo meninting
Stork-billed kingfisher
Pelargopsis capensis
Black-breasted bee tiger
Merops leschenaultia
Green-throated bee tiger
Merops orientalis
Hornbill family (all species)
Bucerotidae
White-bellied black woodpecker
Dryocopus javensis
Broad-billed birds (all species)
Eurylaimidae
Octopus (all species)
Pittidae
Concave tortoise
Printed Manouria
Big gecko
Gekko gecko
Tiger striped frog
Tigrinya frog
100
200
Worm VIII
Atlasjapyx atlas
Pointed blade arrow fly
Heliogomphus retroflexus
Broad-striped northern arrow fly
Ophiogomphus spinicorne
Chinese wingless insects
Zorotypus sinensis
Ink-deficient winged insects
Zorotypus medoensis
Pull the rifle
Carabus, Coptolabrus
ShuoBu Jia
Carabus, Apotopterus
Golden Turtle (all species)
Cheirotonus spp.
Forked rhinoceros turtle
Allomyrina davidis
Two-tailed brown butterfly
Bhutanitis mansfieldi
Three-tailed brown butterfly
Bhutanitis thaidina dongchuanensis
Chinese tiger butterfly
Luehdorfia chinensis huashanensis
Apollo silk butterfly
Parnassius apollo
Folk folklore "medicine is not as good as food supplement" saying, so that some people mistakenly think that hunting and eating wild animals can nourish the body, in fact, these wild animals that have not been sanitary quarantine may carry a variety of unknown bacteria or germs, and the disaster may also be suspected of crimes at the same time.
There is no harm in buying and selling, and the letter inspector once again reminds everyone that we must not illegally trade wild animals, and we should get rid of the bad habit of indiscriminately eating wild animals, otherwise not only will we not make up for it, but we will harm our own lives.