Speaking of "toads", I believe everyone is familiar with them. amphibians that can be seen everywhere in the countryside, and they are all in the fields and on the roadside. Although there are different names in different places, toads generally refer to toads, mostly wild. As one of the folk traditions of " Five Poisons ", toads are given high medicinal and medical value, which has also led to their large-scale hunting and sudden reduction in their number. It seems that catching toads in the wild is a folk habit from ancient times to the present, and there is nothing that makes people fuss about digging wild vegetables in the season.
However, more people don’t know that catching wild “toads” is also illegal. Before, a Shanghai couple arrested 121 toads overnight and were arrested for suspected illegal hunting. Currently, Qingdao couple caught 1,006 toads in three days and were sentenced. It seems that the case was sentenced for catching wild toads is not an isolated case. It was just that after the case briefly attracted public attention, it did not provide any warning to everyone. Similar cases still occur from time to time and are common.
Although catching toads is regarded as a common phenomenon, it does not mean that commonplace is correct.
Lu Xun once said: "It has always been like this, right?" . Although this sentence only has seven simple words, it is thought-provoking. Some habitual behaviors do not know that if you accidentally fall into the abyss of illegal crimes.
Being natural, many people think catching a toad is not illegal.
However, Article 341 of the Criminal Law of the People's Republic of China " stipulates the treatment methods for illegal hunting of wild animals:
Illegal hunting and killing precious and endangered wild animals protected by the state, or illegally purchasing, transporting, and selling precious and endangered wild animals protected by the state and their For products, is sentenced to fixed-term imprisonment of not more than five years or detention, and a fine of ; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not more than ten years; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not more than ten years, and a fine of not less than ten years or confiscated property.
If the hunting regulations are violated, the hunting area, , hunting period, or the use of banned tools and methods to hunt, destroy wild animal resources, and the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, detention, control or fine.
If the circumstances are serious, the punishment shall be imposed in accordance with the provisions of the preceding paragraph shall be imposed in accordance with the provisions of the preceding paragraph.
Some people may ask, toads are not precious wild protected animals, so how can it be illegal to catch toads? Toads are indeed not precious wild protected animals, but they belong to "three-have" animals. Three animals, that is, animals that are beneficial or have important economic and scientific research value, are protected by law for these animals.
not only a toad is protected by law, but many things we are familiar with are protected by law. It is precisely because we are used to disapproval that it is very likely to cause a disaster.
So the following may cause us to face illegal and criminal behaviors. We must always pay attention to:
1, 1 hunting and killing wild animals
" Wild Animal Protection Law of the People's Republic of China " stipulates that wild animals protected include precious and endangered terrestrial and aquatic wild animals and terrestrial wild animals with important ecological, scientific and social value" (referred to as "three-have" animals).Common wild animals such as
toads, squirrels, pheasants, , woodpecker , mountain dove , and other common wild animals are all national protected animals . Although they are not included in the National Key Wildlife Protection List, they are included in the "Three-Have" Animal List and are also protected by law.
For three animals, my country's Criminal Law and relevant laws stipulate that it is illegal to privately capture one (item) and capture more than 20 (item) constitutes a crime. Capturing more than 50 (item) is considered a major criminal case . People's behaviors such as catching pheasants and shooting birds with guns are illegal acts, and reaching a certain number will constitute a crime.
Therefore, we should stay away from any wild animal and not disturb it. We should not hunt and kill it randomly because of curiosity or desire for profit, destroy the ecological environment, and embark on the road of no return to illegal and criminal activities. .
2, Article 344 of the Criminal Law of the People's Republic of China stipulates that those who illegally log and destroy
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" National Key Protection Wild Plant List " records in detail 1,101 species of wild plants in China's key protection, including ginkgo trees that are common in our lives, etc. The common behaviors in rural areas that cut down trees and sell wild orchids are expressly prohibited by law. If a certain circumstances are met, it will be subject to legal sanctions.
Therefore, do not pick wild flowers on the roadside, and do not cut down small trees on the roadside at will. You should not touch plants that you don’t know or understand in everything. Don’t take advantage of your mistakes, and you should not destroy the natural environment because of immediate interests, or even put yourself in prison and regret it.
3, reselling cultural relics
" Cultural Relics Protection Law of the People's Republic of China " stipulates the following provisions for reselling cultural relics:
Article 24 Privately collected cultural relics can be purchased by units designated by the cultural administrative department, and no other unit or individual may engage in cultural relics acquisition business.
Article 25: Reselling cultural relics in private collections is strictly prohibited for profit, and it is strictly prohibited to sell them to foreigners without permission.
For precious cultural relics in non-state-owned collections, citizens, legal persons and other organizations are prohibited from buying and selling. As long as it is a precious cultural relic, even if it is owned by an individual, it cannot be bought or sold. Many people are even more confused about this situation. Because he does not know the goods and does not know how to do it, he sells the cultural relics in his hands without knowing it. He is likely to be suspected of reselling cultural relics .
If we encounter situations where we are not sure, it is best to find professional personnel to conduct an appraisal. If it is indeed a national cultural relic, we should contact the relevant departments in a timely manner and submit the cultural relic to the state in accordance with the law. We cannot lose the big picture because of temporary ignorance and fall into trouble in the face of the law.
above are potential criminal behaviors that we need to pay attention to in our daily lives. If you still have questions about other potential criminal behaviors or are suffering from related problems, please feel free to consult Lawyer Chen. I will provide you with more professional and authoritative answers
Author profile: Lawyer Chen, a master of law, senior partner lawyer, has served as the commander of the special forces , prosecutor, investigator, discipline inspection cadre, corporate executive, rich experience, profound knowledge, good at difficult and major cases, and handles multiple legal relationships cross-complex cases, and is trustworthy and worthy of entrusting.
