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China Releases Guideline on Punishing the Illegal Trade of Wild Animals

两高两部印发意见惩治非法野生动物交易犯罪

[CLI Code] CLI.N.109550(EN) 

  • Keywords:illegal hunting; wild animals
  • Release Date:12-31-2020
  • Source:Pkulaw
  • On December 24, 2020, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued the Guideline on Punishing the Illegal Trade of Wild Animals, effective as of the date of issuance.
  • 2020年12月24日,最高人民法院、最高人民检察院、公安部、司法部联合印发《关于依法惩治非法野生动物交易犯罪的指导意见》,自下发之日起施行。
  • For one thing, the Guideline calls for cracking down on illegal hunting and killing of wild animals in order to prevent and control the trade of wild animals at its source; For another thing, the Guideline urges to severely crack down on illegal purchase, transportation, sale, import and export of wild animals and their products so as to cut off the profit chain of illegal trade of wild animals.
  • 《意见》要求,依法严厉打击非法猎捕、杀害野生动物的犯罪行为,从源头上防控非法野生动物交易;依法严厉打击非法收购、运输、出售、进出口野生动物及其制品的犯罪行为,切断非法野生动物交易的利益链条。
  • Moreover, the document vows to severely punish illegal purchases of wild animals for consumption or other purposes, so as to resolutely eliminate the practice of eating wild animals. Those who know or should have known that what is to be purchased is a rare or endangered wild animal under the state's priority protection or any product made thereof but still illegally purchase it for eating or other purposes shall be convicted of and punished for the crime of illegally purchasing rare and endangered wild animals and their products in accordance with paragraph 1 of Article 341 of the Criminal Law.
  • 同时,《意见》强调,依法严厉打击以食用或者其他目的非法购买野生动物的犯罪行为,坚决革除滥食野生动物的陋习。知道或者应当知道是国家重点保护的珍贵、濒危野生动物及其制品,为食用或者其他目的而非法购买,符合刑法第三百四十一条第一款规定的,以非法收购珍贵、濒危野生动物、珍贵、濒危野生动物制品罪定罪处罚。
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