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Buying and selling ivory is illegal in our country. China is a signatory to the International Convention on Endangered Species of Wild Fauna and Flora, and ivory and its products belong to the most controlled commodities. If you want to import normally, you need to get authorization from the National Endangered Species Office and its offices.
This makes ivory raw materials less in China, coupled with the long history of ivory carving in China, the traditional collection and preference demand space is larger, and the ivory products of African countries are relatively cheap and legal to trade, prompting some tourists to bring them into the country from abroad, and some even bring ivory back to China as a "local specialty".
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If it's old ivory, of course, there is no problem, but if it's new ivory, it's suspected of violating the law.
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No dealing, no breaking the law, hope.
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It is illegal to illegally buy, sell or collect animal products.
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Is Ivory Bai breaking the law at home? Ivory is placed at home, and it is not illegal. These are all enthusiasts, but it is against the state to say that buying ivory is against the rules of the state.
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It depends on whether your ivory purchase channel is legal, elephants are state-protected animals, and it is illegal to buy ivory products.
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Ivory is only illegal if it is placed in the mouth of an elephant!
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Purchased through formal channels, and the invoices are complete. is legitimate.
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1. Is it illegal to store ivory at home?
1. It is not illegal to store ivory at home. It is not illegal to have your own collection of ivory. If it is not the proceeds of illegal hunting, it is generally not illegal.
Our law stipulates that possession of ivory is not a crime, but buying and selling ivory is a crime. The law prohibits the free buying and selling of ivory, except in shops with specially approved business licenses. It is not illegal to hold it only by private individuals and not to trade it.
2. Legal basis: Article 341 of the Criminal Law of the People's Republic of China.
Crime of Endangering Precious or Endangered Wildlife] Whoever illegally hunts or kills rare or endangered wildlife under key national protection, or illegally purchases, transports, or kills rare or endangered wildlife under key national protection and the products thereof, is sentenced to up to five years imprisonment or short-term detention and a concurrent fine; where the circumstances are serious, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where the circumstances are especially serious, a sentence of 10 or more years imprisonment and a concurrent fine or confiscation of property is to be given.
Illegal hunting] Whoever violates hunting laws and regulations by hunting in a hunting ban area, during a hunting ban period, or by using prohibited tools or methods, destroying wildlife resources, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or a fine.
Illegal hunting, purchasing, transporting, and ** terrestrial wild animals] Violating regulations on the protection and management of wildlife by illegally hunting, purchasing, transporting, or naturally growing and breeding terrestrial wildlife in the wild environment other than those provided for in the first paragraph for consumption, and the circumstances are serious, punishment is to be given in accordance with the provisions of the preceding paragraph.
2. What are the constitutive elements of the crime of illegal hunting?
1. The object of the infringement is the national management system for the protection of wildlife resources;
2. Objectively manifested as violating hunting laws and regulations, hunting in prohibited areas, hunting periods, or using prohibited tools and methods, destroying wildlife resources, and the circumstances are serious;
3. The main body is a general subject;
4. Manifested intentionally in the subjective aspect.
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Legal Analysis: Not Breaking the Law. Possession is not guilty, buying and selling is guilty, and there is no killing without buying and selling; The state strictly prohibits the free buying and selling of ivory, but it is still possible to buy and sell in specially approved shops.
In addition, if you already have it, it is not illegal to trade it. Elephants are classified as national first-class protected animals. Trafficking in ivory is suspected of violating Article 341 of the Criminal Law, which constitutes the crime of illegal acquisition, transportation, and production of precious and endangered wild animals.
Legal basis: Article 341 of the Criminal Law of the People's Republic of China: Whoever illegally hunts or kills rare or endangered wildlife under key national protection, or illegally purchases, transports, or kills rare or endangered wildlife under key national protection and the products thereof, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined; where the circumstances are serious, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where the circumstances are especially serious, a sentence of 10 or more years imprisonment and a concurrent fine or confiscation of property is to be given.
Whoever violates hunting laws and regulations by hunting in prohibited areas, during prohibited hunting periods, or by using prohibited tools or methods, destroying wildlife resources, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or a fine.
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It is not illegal to keep ivory at home. Ivory stored at home is not illegal if it is not the proceeds of illegal hunting by the person concerned, and it is not a crime to possess ivory in accordance with the regulations, but it is illegal to buy and sell ivory, and the state strictly prohibits the free sale or illegal purchase of ivory, except for shops with specially approved business licenses. According to the different circumstances of the crime, three levels of statutory punishment are prescribed for the crime of smuggling precious animals and precious animal products, as follows:
1. Whoever commits the crime of smuggling precious animals or precious animal products shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined;
2. Whoever commits the crime of smuggling precious animals or precious animal products, and the circumstances are relatively minor, shall be sentenced to up to five years imprisonment and shall also be fined.
Criminal Law of the People's Republic of China
Article 341.
Crime of Illegally Hunting or Killing Rare or Endangered Wild Animals] [Crime of Illegally Purchasing, Transporting, and Killing Precious or Endangered Wild Animals and Products of Precious or Endangered Wild Animals] Whoever illegally hunts or kills rare or endangered wild animals under key national protection, or illegally purchases, transports, or kills rare or endangered wild animals under key national protection and the products thereof, is to be sentenced to up to five years imprisonment or short-term detention and shall also be fined; where the circumstances are serious, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where the circumstances are especially serious, a sentence of 10 or more years imprisonment and a concurrent fine or confiscation of property is to be given.
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