The origin of the crime of illegal fishing of aquatic products

The source of the crime of illegal fishing of aquatic products is amended from Article 129 of the 79 Criminal Law, which adjusts the statutory sentence from 2 years to 3 years, adds the type of controlled punishment, and moves it from the chapter on undermining the socialist economic order to the chapter on obstructing the order of social management.

The crime of illegal fishing of aquatic products refers to the act of fishing aquatic products in prohibited areas, fishing ban periods, or using prohibited tools and methods in violation of laws and regulations on the protection of aquatic resources, and the circumstances are serious. According to the provisions of the Criminal Law, whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release or a fine.

The object of the crime of illegal fishing of aquatic products is the state's management system for the protection of aquatic resources. Aquatic resources, including economically valuable aquatic animals and aquatic plants, are a valuable asset of the country. In order to strengthen the protection of aquatic resources, the state has adopted legislation to make specific provisions on the reproduction, breeding and fishing of aquatic resources.

The State encourages and supports the development of offshore and distant-water fishing, and makes rational arrangements for inland and offshore fishing. Units and individuals engaged in fishing in inland waters and coastal waters must operate in accordance with the provisions of the fishing license on the type, place, time limit and quantity of fishing gear. Fishing shall not be carried out in closed areas and closed periods, and prohibited fishing gear, fishing methods and nets smaller than the minimum mesh size shall not be used for fishing.

Rushing for quick success and quick profit, fishing with all their might, and illegally fishing aquatic products undermine the state's management system for aquatic resources and endanger the survival and development of aquatic resources. Therefore, the crime of illegal fishing of aquatic products must be punished in accordance with the law.

Article 340 of the Criminal Law of the People's Republic of China Whoever, in violation of the laws and regulations on the protection of aquatic resources, catches aquatic products in prohibited areas, during prohibited fishing periods, or by using prohibited tools or methods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, controlled release or a fine.

This article is amended from Article 129 of the Criminal Law of 79, which adjusts the statutory sentence from 2 years to 3 years, adds the type of controlled punishment, and moves it from the chapter on the crime of undermining the socialist economic order to the chapter on the crime of obstructing the order of social management. The Provisions on Charges of the Supreme People's Court and the Opinions on Charges of the Supreme People's Procuratorate interpret it as the crime of illegal fishing of aquatic products.

Legal analysis: The crime of illegal fishing of aquatic products refers to the act of fishing aquatic products in violation of the laws and regulations on the protection of aquatic buried resources, in the fishing ban area, during the fishing ban period or by using prohibited tools and methods, and the circumstances are serious.

Legal basis: Article 340 of the Criminal Law of the People's Republic of China Whoever violates the laws and regulations on the protection of aquatic resources by burying a stool in a fishing ban area, during a fishing ban period, or by using tools or methods that prohibit inspections, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, controlled release or a fine.

Legal analysis: The crime of illegal fishing of aquatic products refers to the act of burying aquatic products in violation of the laws and regulations on the protection of aquatic resources, fishing in prohibited areas, fishing ban periods or using prohibited tools and methods, and the circumstances are serious. If the crime of illegal fishing of aquatic products is constituted, it is generally sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release or a fine.

The object of the crime of illegal fishing of aquatic products is the state's management and protection system for aquatic resources.

Legal basis: Article 340 of the Criminal Law of the People's Republic of China.

Whoever violates the laws and regulations on the protection of aquatic resources by fishing aquatic products in a prohibited fishing area, during a fishing ban period, or by using prohibited tools or methods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release or a fine.

1) The object of the crime is the state's management and protection system for aquatic resources.

2) The objective aspect of the crime is the act of fishing aquatic products in a prohibited area, during a closed fishing period, or by using prohibited tools and methods, and the circumstances are serious.

Fishing ban area and fishing ban period refer to a certain area designated for a certain important fish, shrimp and shellfish spawning ground, wintering ground and breeding and growth place, etc., and all operations are prohibited or restricted for a certain period of time.

Prohibited tools refer to the prohibition of the use of fishing gear that exceeds the minimum mesh size specified by the State for different fishing objects.

Prohibited methods refer to the prohibition of the use of methods that harm the normal reproduction and growth of aquatic resources, such as exploding fish, poisoning fish, grid fishing, etc.

The so-called serious circumstances mainly refer to the large amount of illegal fishing of aquatic products; Organizing or gathering groups to illegally fish aquatic products; Frequent illegal fishing of aquatic products (repeatedly; Illegal fishing of important or valuable aquatic animals under key protection; Fishing aquatic products by prohibited methods, resulting in major losses of aquatic resources; Illegally resisting fishery administration, **assaulting fishery management personnel, etc. Where the circumstances are minor and the harm is not great, it is not to be treated as a crime.

3) The subjective aspect of the crime is intentional.

4) The subject of the crime is an ordinary subject.

1. Standards for filing cases of illegal fishing of aquatic products.

Article 63 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1) stipulates that illegal fishing of aquatic products shall be prosecuted if one of the following circumstances is suspected:

A) in inland waters illegal fishing of aquatic products more than 500 kilograms or more than 5,000 yuan, or illegal fishing of aquatic products in marine waters more than 2,000 kilograms or worth more than 20,000 yuan;

2) Illegally fishing for aquatic animal seedlings or broodstock of aquatic animals of important economic value, or fishing for aquatic products in aquatic germplasm resources protection areas, selling more than 50 kilograms or more than 100 yuan in inland waters, or more than 200 kilograms or more worth 2,000 yuan in marine waters;

3) Fishing in a prohibited area using prohibited tools or prohibited methods;

4) Fishing using prohibited tools or prohibited methods during the fishing ban period;

5) Using prohibited fishing gear to engage in fishing operations on the high seas, causing serious impacts;

6) Other situations where the circumstances are serious.

2. The crime of illegal fishing of aquatic products is generally punishable by several years.

Where a natural person constitutes the crime of illegal fishing of aquatic products, he shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release or a fine. The subject of this crime may be a natural person or a unit. Where a unit commits this crime, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be congratulated or punished in accordance with the above provisions.

Legal analysis: The following conditions are met to determine that the crime of illegal fishing of aquatic products is constituted: 1

Violations of laws and regulations on the protection of aquatic resources have been carried out by fishing in prohibited or raided areas, during closed fishing periods, or by using prohibited tool forests or methods to catch aquatic products. 2.Manifested intentionally in the subjective aspect.

3.The circumstances are serious, causing serious harmful consequences.

Article 340 Whoever violates the laws and regulations on the protection of aquatic resources by fishing aquatic products in prohibited areas, during prohibited fishing periods, or by using prohibited tools or methods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release or a fine.

2. This crime is manifested as a violation of laws and regulations on the protection of aquatic resources in the objective liquid buried surface, and the act of fishing aquatic products in a prohibited area, during a fishing ban period, or by using prohibited tools and methods. 3. The subject of this crime is a general subject. 4. The subjective appearance of this crime is intentional, and as for the purpose of profit or other purposes, it does not affect the establishment of this crime.

Legal basis: Article 340 of the Criminal Law of the People's Republic of China Whoever violates the laws and regulations on the protection of aquatic resources by fishing aquatic products in prohibited areas, during prohibited fishing periods, or by using prohibited tools or methods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release or a fine.

Constitutive elements of the crime of illegal fishing of aquatic products:

1. Subject matter requirements.

The object of this crime is the State's management system for the protection of aquatic resources.

2. Objective elements.

This crime is objectively manifested as violating the laws and regulations on the protection of aquatic resources, fishing in prohibited areas, fishing ban periods, or using prohibited tools and methods to catch aquatic products.

3. Main requirements.

The subject of this crime is a general subject, that is, any person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime. The unit may also be the subject of this crime.

4. Subjective elements.

The subjective expression of intent in this crime, and the fact that it is for profit or other purposes does not affect the establishment of this crime. Negligence does not constitute this crime.

Legal basis] According to the provisions of Article 340 of the Criminal Law on the crime of illegal fishing of aquatic products, if a person violates the laws and regulations on the protection of aquatic resources and catches aquatic products in a fishing ban area, during a fishing ban period or using prohibited tools or methods, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, controlled release or a fine.