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What do you think of online celebrity bloggers cooking endangered great white sharks? Does this matter constitute a crime?
What do you think of online celebrity bloggers cooking endangered great white sharks? Does this matter constitute a crime? Recently, the purchase of great white sharks for cooking by online celebrities in Sichuan Province has aroused widespread concern. On August 1 day, Sichuan Nanchong Agriculture and Rural Bureau confirmed that this "great white shark" originated in Fujian coastal area, and the relevant person in charge has been under the control of the police. The original reporter of this incident, the Weibo blogger "Myth and Legend Q Blast" shows that if you see similar situations in the future, you will decisively report that "justice will not yield to anything." On July 3 1 day, Nanchong police said that the shark in the video of "Tizi" by a celebrity blogger on the Internet was indeed a man-eating shark. So, does this matter constitute a crime?

0 1 the act of buying people to eat and store grain fields accords with the crime of endangering precious and endangered wild animals. According to the first paragraph of Article 341 of China's Criminal Law, illegal acquisition of rare and endangered wild animals and their products under special protection in China constitutes a crime of endangering rare and endangered wild animals, and it is punishable by fixed-term imprisonment of not more than five years or criminal detention and a fine; 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 shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, and shall also be fined or his illegal income confiscated.

Man-eating shark (also known as great white shark) belongs to the second-class protected animal in the national key protected wild animal list. According to the requirements of Article 4 of the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Destruction of Wild Animal Resources (hereinafter referred to as the Interpretation), it belongs to the "precious and endangered wild animals under special state protection" as stipulated in the first paragraph of Article 341 of the Criminal Law.

The Interpretation further requires that "recycling" as stipulated in the first paragraph of Article 341 of the Criminal Procedure Law includes profit-making purchases and self-purchases. Therefore, the personal behavior of buying a man-eating shark for drinking conforms to the constitutive requirements of the crime of endangering precious and endangered wild animals.

Whether a consumer commits a crime or not depends on the value of a person with a mouth. According to the requirements of the Catalogue of Basic Values of Aquatic Wild Animals, Carcharodonkaryas' evaluation standard use value is 20,000 yuan. At the same time, according to the Measures for the Evaluation of the Value of Aquatic Wild Animals and Their Products, the protection grade index of aquatic wild animals in the national second-class protected areas is 5. The overall utilization value of aquatic wildlife adults is calculated by multiplying the quasi-utilization value of matching species by the protection grade index, so the evaluation value of adult man-eating sharks is about 6.5438+10 million yuan.

Therefore, even if the phenomenon that the man-eating shark is probably a young shark is fully considered and converted, the evaluation value of the animal products involved will definitely exceed 20,000 yuan. According to the requirements of the Interpretation, those who illegally purchase rare and endangered wild animals and their products under special protection in China, with a use value of more than 20,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined.

Therefore, in this case, although taking personal behavior does not constitute the crime, there must be reasons for animal products, because selling personal behavior and buying behavior have long been suspected of endangering precious and endangered wild animals and have reached the standard of criminal prosecution. Whether consumers participate in punishment depends on whether the subjectivity is clear.

Many museums are trying to protect the environment cultivated by the public, and the propaganda of not killing wild animals is easily covered up and biased by the punishment of these anchors. In the future, more anchors and ordinary people will take killing, selling and eating protected animals as the spreading point of trembling and little red books, which will be a disaster! Therefore, anchors and people should also understand that our country cherishes and protects animals, and don't make mistakes because of mistakes.