动物刑法保护的公众意识与规范反思

Public Awareness and NormsReflection on Criminal Law for Animal Protection

动物保护刑法规范和司法处置备受公众质疑,其涉及刑事立法之公众预测可能性、量刑之合理性、生态刑法边界以及行政刑法属性等一系列重大刑法问题。需要检讨与反思的是:野生动物资源的刑事保护要符合公众认知的阶段与程度,尊重公众法情感。动物刑法保护必须转变末端治理的环保旧念,力促动物保护刑法之公众共识达成,优先适用行政手段保证刑法之谦抑性,注重刑罚配置的体系协调性,并着重解决公众法认知与刑事规范对接问题。

The norms of criminal law for animal protection and judicial disposal have been questioned by the public. A series of major criminal law issues are involved including the possibility of public prediction of criminal legislation, rationality of sentencing, boundary of ecological criminal law and attribute of administrative criminal law. What needs to be reviewed and reflected is that the criminal protection of wildlife resources should conform to the stage and degree of public cognition and respect public legal emotion. Under the criminal law for animal protection, we must change the old concept of environmental protection of end treatment, promote the public consensus of animal protection law, give priority to the application of administrative means to ensure the modesty and restraint of criminal law, pay attention to the system coordination of penalty allocation, and focus on solving the problem of the connection between public law cognition and criminal norms.