Buying, selling, and raising "exotic pets" cannot break the legal bottom line in hunting for novelty

2023-08-21

Core Reminder ◆ Those who knowingly engage in illegal trading of precious and endangered wildlife under national key protection are suspected of endangering precious and endangered wildlife. Many 'exotic pets' are still protected by relevant laws even if they belong to the offspring of artificially bred wild animals. If the platform continues to provide business premises or advertising promotion for the traded items even though they know they belong to national protected wildlife, the platform should be punished as a joint crime. Attention should be paid to the transportation method, clear transportation objects, and do a good job in applying for quarantine when transporting "exotic pets". ◆ "Alien pets" should not be released or abandoned at will. If precious or endangered wild animals or exotic species are accidentally purchased, they should be promptly reported to relevant departments. In recent years, pet ownership has become increasingly popular. In addition to traditional pets represented by cats and dogs, snakes, lizards, geckos, and even "exotic pets" such as foxes, alpacas, and honey gliders have also been favored. However, chaos frequently occurs in the "exotic pet" trading market, and even precious and endangered wild animals are illegally traded. In February this year, the "No. 1 central document", "Opinions of the Central Committee of the Communist Party of China and the State Council on Doing a Good Job in the Key Work of Comprehensively Promoting Rural Revitalization in 2023" was released, which included "heterophiles" for the first time, and clearly pointed out that "strengthen the standardized management of" heterophiles "trade and release". Which "exotic pets" may violate the legal red line when purchasing? What should be paid attention to when transporting and releasing "exotic pets"? The reporter interviewed experts, prosecutors, and lawyers in relevant fields. Buying and selling "exotic pets" may violate the law In recent years, the scale and variety of 'exotic pets' in China have become increasingly large. Many people who buy and sell' exotic pets' have a certain understanding of these 'exotic pets', and even some sellers will use the' bottom up and wear 'hunting gimmick when selling. Such behavior, even though they know it is a precious and endangered wildlife under national protection, still engages in illegal trading, suspected of endangering precious and endangered wildlife Zheng Jiajun, prosecutor of the Gusu District Procuratorate in Suzhou City, Jiangsu Province, told reporters. So, how do you distinguish whether "exotic pets" belong to precious and endangered wildlife under national key protection? Jiao Yanpeng, a professor at the School of Criminal Law at East China University of Political Science and Law, stated that reference can be made to the "List of National Key Protected Wildlife" released in February 2021. In addition, according to Article 4 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Criminal Cases of Destruction of Wildlife Resources", precious and precious national key protected wildlife can be referred to Endangered wild animals also include "wild animals that have been approved by the competent department for wildlife protection under the State Council to be managed according to national key protected wild animals". The Convention on International Trade in Endangered Species of Wild Fauna and Flora and its appendices are also one of the main reference criteria for determining whether 'alien pets' are protected animals in practice, "Zheng Jiajun added. The reporter learned that many "exotic pets" in the market are artificially domesticated and bred, not directly captured from the wild. Is it safe to trade such "exotic pets"? Sun Zhenyi, a lawyer at Shanghai Haihua Yongtai (Hangzhou) Law Firm, reminds that many "exotic pets" are still protected by relevant laws even if they belong to the offspring of artificially bred wild animals. Jiao Yanpeng believes that according to the "Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security

Edit:Zhou Shu    Responsible editor:Wang Chen

Source:jcrb.com

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