Is it illegal to fight a sparrow Is it illegal to fight a sparrow?

According to the relevant laws and regulations, sparrows belong to the state protected animals, so it is illegal to fight sparrows.

Legal analysis. If the flow rate is much lower than the minimum flow rate to ensure accuracy, it will result in no output (e.g., vortex flowmeter) or the output signal will be cut off as a small signal (e.g., differential pressure flowmeter), which is unfavorable and unfair to the supplier. In order to prevent the loss of benefits, for a specific set of thermal energy metering equipment, the supply and demand parties often agree that a certain flow value is "agreed lower limit flow" according to the flow measurement range and the range that can be achieved, and if the actual flow rate is less than the agreed value, the lower limit of the charging flow will be charged.

The people's metrology administrative departments at or above the county level may set up metrological verification institutions as needed, or authorize other units of metrological verification institutions to carry out compulsory verification and other verification and testing tasks. Personnel who perform the verification and testing tasks provided for in the preceding paragraph must pass the assessment. This function is usually implemented in flow meters.

According to the needs of the region, the local people's measurement administrative department at or above the county level shall establish social public measurement standard instruments, which shall be used after passing the examination by the people's measurement administrative department at a higher level. Enterprises and institutions may establish the measurement standard instruments used by the unit according to their needs, and the highest measurement standard instruments shall be used after passing the examination presided over by the relevant people's measurement administrative department. Metrological verification work should be carried out in accordance with the principle of economic reasonableness and in the nearest place.

Metrological verification must be carried out in accordance with the national metrological verification system table. The national metrology verification system table shall be formulated by the administrative department of metrology.

Legal basis. Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Wildlife Resources Article 6 stipulates that in any of the following circumstances, hunting in prohibited areas, during prohibited periods, or using prohibited tools or methods for hunting in violation of hunting regulations, is considered illegal hunting with "serious circumstances":( 1) illegally hunting 20 or more wild animals; (2) Violating hunting laws and regulations by using prohibited tools or methods for hunting in prohibited areas or during hunting ban periods; (3) There are other serious circumstances.

Sparrows are protected by the state, and random hunting is an illegal act, and if the circumstances are serious, it is suspected of a crime.

Article 341: 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.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Wildlife Resources.

Fa Shi [2000] No. 37.

Article 6: In any of the following circumstances, a person who violates hunting laws and regulations by hunting in a prohibited area, during a hunting ban period, or by using prohibited tools or methods, is considered to be illegal hunting with "serious circumstances":

1) Illegally hunting 20 or more wild animals;

2) Hunting in violation of hunting laws and regulations by using tools and methods in hunting ban areas or during hunting ban periods;

(3) There are other serious circumstances.

The 52-year-old defendant Sun is a farmer in Quliang Town, Xinmi City, Henan Province. By chance, he discovered that wild sparrows could be sold for money, so he came up with the idea of hunting wild sparrows with purse seine nets.

One day in March this year, Sun brought purse seine nets and wooden cages for sparrows to the old cemetery of Zhaojiapo in Jingou Village, Yuanzhuang Township, Xinmi City to hunt wild sparrows. At about 3 o'clock in the afternoon of the same day, 127 sparrows had been caught in the wooden cage next to Sun. At about 4 o'clock, the Zhengzhou Forest Public Security Bureau quickly rushed to the scene after receiving the report, controlled Sun on the spot, and seized the tools used to hunt sparrows, and on the same day, 127 sparrows were all released.

Sun was arrested after being criminally detained by the public security authorities on suspicion of illegal hunting.

Local farmers are puzzled by this, believing that sparrows are an extremely common bird in rural areas, mainly feeding on grains, and are often hunted in the countryside. In the 50s of the last century, it was also listed as the "four pests" because of the scourge of crops, why is hunting now a crime?

In this case, Sun violated hunting laws and regulations without a hunting license by hunting in a hunting ban area, during a hunting ban period, or using prohibited tools and methods. The subjective aspect is intentional, that is, knowing that it is in a prohibited area, during a prohibited hunting period, or using prohibited tools or methods to hunt intentionally; The object of the violation is the state's management system for the protection of wildlife resources, and the target of the crime of illegal hunting is the state's general protection of wild animals sparrows, the number of which is 127, far more than 20, is illegal hunting, and the circumstances are serious, and shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention, controlled release or a fine in accordance with law.

If the sparrow is a national protected animal, and if it meets the prosecution standard, it will be investigated for criminal responsibility in accordance with the law.

Legal basis: Criminal Code

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 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 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.

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.

It is illegal to fight sparrows.

The State protects wild animals and their living environment, and prohibits illegal hunting or destruction by any unit or individual. Even the most common sparrows, it is illegal to hunt them.

There are also relevant provisions in the Criminal Law: Anyone who violates hunting laws and regulations by destroying transport tools and methods in hunting prohibited areas, hunting periods, or using prohibited beams to destroy transport tools and methods, and destroys wildlife resources, 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.

Lawyer analysisIt is illegal to fight sparrows.

The state protects wild animals and their living environment, and prohibits any blind units and individuals from illegally hunting or destroying them. Even the most common sparrows, it is illegal to hunt them.

There are also relevant provisions in the Criminal Law: Whoever violates hunting laws and regulations by hunting in a hunting ban area, during a hunting ban period, or using prohibited tools or methods, destroying wildlife resources, 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.