CCB Beijing, August 28 (Reporter Wang Ning) In July 2017, Liu, a citizen of Xi'an, picked up a courier and opened the package. It turned out to be a dead tiger. The citizen immediately called the police.
After police investigation, the package was found due to a courier error.
This is a criminal case of wildlife trade through express delivery.
Recently, the Xi'an Railway Transportation Court made a first-instance judgment and sentenced the two defendants to five years in prison for the crime of endangering precious and endangered wild animals.
Where did the dead tiger in the courier come from?
Why can express the little tiger?
What law did the parties involved in the transaction violate?
Expert: Circus has no right to deal with dead wild animals without authorization
According to the news released by the Xi'an Railway Transportation Procuratorate, after investigation, Chen contacted Li, a circus trainer (handled separately), and wanted to buy tiger cubs to drink.
In July 2017, the circus tigress gave birth to a stillbirth, and Li contacted Chen privately to sell it for 1,000 yuan.
Chen found the buyer of the little tiger and contacted Hao to mail the dead body of the little tiger to the designated place, but it was sent to Liu by accident.
What to do with dead wild animals?
Qi Xinzhang, deputy director of Xining Wildlife Park and deputy director of Qinghai Wildlife Rescue and Breeding Center, said that for dead wild animals, such as tigers, whether or not they died normally, zoos and circuses have no right to deal with them without authorization. Department decides.
He believes that the whole society should strengthen wildlife protection education, especially the scientific popularization of wildlife knowledge, and standardize management of various zoos.
The Xi'an Railway Transportation Procuratorate also stated in the article that the destruction of wildlife resources, whether for food, medicinal or commercial purposes, is prohibited by law.
According to the provisions of the Criminal Law and relevant judicial interpretations, as long as there is an act of illegally purchasing, transporting, selling precious and endangered wild animals and their products, or illegally hunting, buying, transporting, and selling other than precious and endangered wild animals and "three kinds of wild animals" for food purposes There are terrestrial wild animals other than wild animals, and if the circumstances are serious, they are all suspected of committing crimes, and do not try the law by yourself.
Lawyer: The law prohibits the delivery of precious and endangered wild animals
The Xi'an Railway Transportation Procuratorate pointed out in the case analysis that in this case, the defendant Chen purchased a dead cub from Li, which was an act of "purchasing" precious and endangered wild animals, and then instructed Hao to send it to others by express mail for sale. Earning the price difference is the act of transporting and selling precious and endangered wild animals; Hao is responsible for mailing the express, which is the act of transporting precious and endangered wild animals.
In this regard, Meng Bo, a lawyer from Beijing Jingshi Law Firm, said that according to the provisions of the "Interim Regulations on Express Delivery", senders who deliver express mail and companies operating express delivery services should abide by the 20th "Postal Law of the People's Republic of China". Four articles on the prohibition or restriction of the delivery of articles.
The regulations pointed out that postal enterprises receiving and sending mails and users submitting mails should abide by laws, administrative regulations and the provisions of the State Council and relevant departments of the State Council on prohibiting or restricting the delivery of items.
Meng Bo also said that according to the "Regulations on the Administration of Prohibited Items" and the attached "Guidance Catalog of Prohibited Items", the delivery company found all kinds of precious and endangered wild animals and their products that were prohibited from delivery after receiving and posting, such as ivory. , tiger bones, rhino horns and their products, etc., should stop shipping, immediately report the incident to the postal administration department, and promptly report to the public security, wildlife administration and other departments.
He said that according to the provisions of Article 31, paragraph 1, of the Measures for the Administration of the Express Delivery Market, companies operating express delivery services should require users to issue safety certificates from relevant departments for suspicious items whose safety cannot be determined.
If the user cannot issue a safety certificate, it will not be accepted.
According to media reports, as early as 2019, 12 domestic express logistics companies such as China Post Express, SF Express, and YTO, and 14 domestic and foreign express delivery companies including international express giants DHL and FedEx signed the "China Express Industry Refuses to Deliver Illegal Wildlife and Plants" The Convention on the Self-discipline of Its Products”, commits to take various effective measures to refuse to accept and send illegal wild animals and plants and their products, actively curb illegal trade of wild animals and plants, and protect wild animal and plant resources and biodiversity.
The "Electronic Waybill Contract Clauses" sent by many express brands also have notices: to ensure that the consignment does not contain official documents of state organs, national protection of wild animals and endangered wild animals and their products, counterfeit and shoddy and infringing articles prohibited by laws and regulations and restricted items.
In 2020, the State Post Bureau issued a notice to the whole industry, requiring all enterprises to strictly implement the inspection system for receipt and delivery, inspect the items submitted by users on the spot, and strictly prevent protected wild animals and their products from illegally flowing into the delivery channels.
It also requires enterprises to stop transportation, sorting and delivery if they find protected wild animals and their products or suspected protected wild animals and their products during transportation, sorting and delivery, and immediately report to the public security and wildlife protection supervisors. Departments and postal administrations and other departments deal with them according to law.