Wildlife crime and wildlife enforcment in china1

Wildlife Crime and Wildlife Enforcement in China

Nanjing Forest Police College

Content• Introduction• Wildlife offence and wildlife crime• Wildlife enforcement Agency• Wildlife Crime Prevention & Breaking• Wildlife Enforcement Cooperation• Outlook of China’s Policy to combat illegal wildlife

trade

Introduction• Wildlife has been considered as an important resource to

human and states for its environmental function and economic function.

• Transnational wildlife crime (Regional/international wildlife trade) caused wildlife over-exploitation and pushed certain wildlife species close to extinction.

• Wildlife protection and transnational wildlife crime has been an issue of international politics in the world.

• With the development of economic and the influence of traditional culture, Chinese mid-class has become the main consumers of wildlife in both the region and the world.

• As a great power in Asia-Pacific, China had played and would play an important role in combating illegal wildlife trade in the region.

Wildlife offence and wildlife crime

Wildlife protection Law

Wildlife offence

Criminal LawWildlife crime

International agreement

Supreme People's Court judicial interpretation on wildlife crime

• 1) Wildlife Protection Law—Administrative law• --Illegal poaching precious and rare wildlife

(Article 31-32)• --Destroy wildlife habitat (Article 34) • --Traffic, trade, stock precious and rare wildlife

(Article 35)• --Import, or export precious and rare wildlife

(Article 36)• --Sell/buy or distribute, fraud official permission

about hunting, transporting, importing/ exporting wildlife(Article 37)

• 2) Criminal law • (I) Domestic wildlife crime (Article 341) • --Illegal poaching precious and rare wildlife, • --Illegal trade/transport wildlife,• --Illegal hunting wildlife • Circumstance is not serious, shall be sentenced no

more than 5 years imprisonment, currently or independently a fine;

• Circumstance is serious, shall be imprisonment for 5-10 years, and with a fine;

• Circumstance is especially serious, imprisonment of not less 10 years and a fine or confiscation of personal property.

• (II)Transnational wildlife crime(Article 151)• ---Smuggle precious and rare species of

wildlife/by-product,• Circumstance is not serious, shall be

sentenced no more than 5 years imprisonment, currently or independently a fine;

• Circumstance is serious, shall be imprisonment for 5-10 years, and with a fine;

• Circumstance is especially serious, imprisonment of not less 10 years and a fine or confiscation of personal property.

Wildlife enforcement Agency• Forest Public Security Agency ( Forest police)• Customs Service ( Anti Smuggling Agency)• Border Police (Armed Police)• CITES Coordination Office

• 1) Forest Public Security Agency ( Forest police)• Forest Public Security is a professional wildlife

enforcement in China, and also the largest wildlife enforcement in the world.

• China forest police is responsible for investigating and cracking down on crimes involving wildlife resources.

• China forest police currently have agencies covering the whole country, with 50,000 staff experienced in protecting wildlife.

• 2) Customs Service ( Anti Smuggling Agency)

• China Customs is a government agency that supervises and manages all arrivals in and departures from the customs territory of the mainland of the People's Republic of China.

• Fighting wildlife smuggling is one of its essential task.

• 3) Public Security Border Police (Armed Police)

• Public Security Border Police is a law enforcement in boundary region and port.

• Public Security Border Police is in charge of investigation smuggling crimes in its administrative area.

• 4) CITES Coordination Office

• Management and enforce regulation on Endangered Species Import & Export.

• Coordinate wildlife enforcement to prevent wildlife crime

Wildlife Crime Prevention & Breaking

Border Guard

Illegal Wildlif

eTrade

border

Customs

Within boundary

Anti-smuggling Agency

Forest Police

• In past 30 years, Forest Police had uncovered 4,568,000 wildlife crimes, confiscated 72,864,000 wildlife, and processed 6,673,000 offenders in China.

Wildlife Enforcement CooperationSign the CITES agreement in 1981Led Cobra Operation\Cobra II Operation between 2012-2014

Outlook of China’s Policy to combat illegal wildlife trade

• Construction Ecological Civilization• Harmony Neighbour Project