（来源：法治日报） 转自：法治日报 【猎杀上百只藏羚羊，要负什么法律责任？】他们在青藏高原无人区，用自己的生命守护另一群生 命……近日，以青海巡山队守护生态环境为叙事主线的电视剧《生命树》@电视剧生命树官微 热播。 20世纪90年代，青海高原上的玛治县高度依赖农牧业，其周边的博拉木拉无人区富含矿产和野生动物资 源，大量的盗猎盗采分子为牟取暴利滥采滥杀。巡山队长多杰（@胡歌 饰）为追击盗猎分子，不惜长 年驻扎在无人区，只为守护藏羚羊。1996年，驻队的警察白菊（@杨紫 饰）第一次跟随巡山队进山， 就遇到一场刚刚结束的大规模屠杀——近百只藏羚羊倒在血泊中。猎杀藏羚羊，有何法律后果？《法治 日报》律师专家库成员、盈科律师事务所中国区董事会董事于扬舟律师表示，藏羚羊属于国家一级保护 野生动物，猎杀藏羚羊的行为会对藏羚羊种群繁衍生息造成严重损害。根据刑法第三百四十一条的规 定，非法猎捕、杀害国家重点保护的珍贵、濒危野生动物的，可能涉嫌危害珍贵、濒危野生动物罪，将 处五年以下有期徒刑或者拘役，并处罚金；情节严重的，将处五年以上十年以下有期徒刑，并处罚金； 情节特别严重的，将处十年以上有期徒刑，并处罚金或者没收财产。（全媒 ...

Core Viewpoint - The article emphasizes the importance of biodiversity protection in China, highlighting the legal challenges and discrepancies in the application of laws related to the protection of endangered species and illegal hunting [1][2]. Legal Framework - China's Criminal Law specifies two offenses related to biodiversity: the crime of harming precious and endangered wildlife and the crime of illegal hunting, with specific legal definitions and conditions for each [1][2]. - The Supreme People's Court and the Supreme People's Procuratorate established standards for prosecution, stating that the value of endangered species must exceed 20,000 yuan for prosecution under the first offense, while the value for illegal hunting must exceed 10,000 yuan [2]. Discrepancies in Legal Interpretation - There are two main interpretations regarding the protection objects of the two offenses: one denies overlap, suggesting that illegal hunting only applies to non-endangered species, while the other affirms that it includes endangered species [3][4]. - The lack of clarity in the legal definitions leads to challenges in prosecuting cases, particularly in instances involving various species of wild birds, where the public may not be aware of the protection status [2][3]. Judicial Implications - The principle of proportionality in sentencing is highlighted, where individuals may escape prosecution for hunting endangered species if the value does not meet the threshold, while others may face prosecution for hunting non-endangered species, leading to potential public discontent [4][5]. - The article argues for a more inclusive interpretation of the law to ensure that both offenses can apply to overlapping categories of wildlife, thereby enhancing legal consistency and public understanding [5][6]. Legislative History - The evolution of laws regarding illegal hunting and the protection of endangered species is traced back to 1979, with significant amendments made to strengthen protections over the years, indicating a legislative intent to provide comprehensive protection for wildlife [5][6].

Core Viewpoint - The articles highlight the illegal activities surrounding the capture and trade of the endangered songbird, the Chinese thrush, emphasizing the legal consequences and ecological importance of protecting such species [1][2][3] Group 1: Illegal Activities and Legal Consequences - A group of three individuals was detained for carrying seven Chinese thrushes and a sickle on a high-speed train, leading to charges of endangering precious and endangered wildlife [1] - From February 2021 to November 2023, an individual named Chen illegally captured over 700 Chinese thrushes and purchased more than 100, selling them for prices ranging from 150 to 500 yuan, resulting in a total value exceeding 4 million yuan [2] - The court sentenced Chen to 10 years and 1 month in prison, along with a fine of 200,000 yuan, for his actions which constituted a crime against endangered wildlife [2] Group 2: Ecological Importance and Legal Framework - The Chinese thrush is a unique species in China, playing a crucial role in controlling agricultural pests and maintaining ecological balance, yet it faces significant threats from illegal capture and trade [2] - In 2021, the Chinese thrush was designated as a nationally protected species, making its capture and trade illegal without special permits from provincial forestry departments [3] - The law stipulates that illegal hunting or trading of protected wildlife can result in imprisonment of up to 10 years, depending on the severity of the offense [3]

Core Viewpoint - A group of three individuals was detained for illegally transporting seven protected songbirds, specifically the Chinese bulbul, highlighting ongoing issues related to wildlife trafficking and the illegal pet trade in China [1][2]. Group 1: Incident Summary - On December 16, a man was caught at Nanning Long'an East Station attempting to board a high-speed train with a backpack containing seven suspected live Chinese bulbuls and a sickle [1] - The individual was aware that the Chinese bulbul is a protected species but chose to risk it for profit [1] - The railway police reported the incident to local forest police, leading to the arrest of two accomplices and revealing their method of capturing the birds using nets and recorded calls [1] Group 2: Ecological and Legal Context - The Chinese bulbul is a native species that plays a crucial role in controlling agricultural pests and maintaining ecological balance, but its population is declining due to illegal capture and trade [2] - According to Chinese law, illegal hunting, killing, or trafficking of protected wildlife can result in imprisonment of up to ten years, depending on the severity of the offense [2]