Illegal Wildlife Trade Under Chinese Criminal Law
🧾 I. Concept of Illegal Wildlife Trade
1. Meaning
Illegal wildlife trade involves the hunting, killing, trading, smuggling, or selling of wild animals or their products in violation of laws. In China, this is criminalized due to its impact on:
Biodiversity conservation
Public health (zoonotic diseases)
International treaty obligations (CITES)
2. Relevance
China is both a source and transit country for wildlife products, which has led to strict criminal laws following incidents like COVID-19, which heightened scrutiny on wildlife markets.
⚖️ II. Legal Framework in China
1. Criminal Law of the People’s Republic of China (2017 amendment & latest provisions)
Key Articles:
Article 341 – Prohibits illegal hunting, killing, buying, or selling of rare or endangered wild animals. Punishment ranges from imprisonment of up to 3 years, fines, or criminal detention, and severe cases can lead to 7+ years imprisonment.
Article 344 – Covers smuggling of endangered species. Severe smuggling cases attract 10+ years of imprisonment.
Article 342 – Illegal trading of common wildlife in large quantities is also punishable.
Article 345 – Penalties for using wildlife or their products in food, medicine, or cosmetics if illegal.
2. Supporting Regulations
Wild Animal Protection Law of China (2016 amendment) – Classifies wildlife species and regulates trade.
CITES (Convention on International Trade in Endangered Species) – Implemented in domestic law; illegal import/export is criminalized.
Key Principle: Criminal liability is often strict, particularly for endangered species. Corporations and individuals can both be liable.
⚖️ III. Landmark Case Laws
Here are six important cases illustrating how Chinese courts handle illegal wildlife trade.
1. Case of Pangolins Smuggling, 2018 (Guangdong Province)
Facts:
Several defendants were caught smuggling pangolins and pangolin scales (endangered species) from Africa into Guangdong.
Held:
The Guangzhou Intermediate People’s Court sentenced the ringleader to 12 years imprisonment, citing Article 341 (trafficking endangered species). Other accomplices received 6–8 years.
Principle:
→ High-value endangered species trade is punished severely; both smuggling and domestic sale are criminal offences.
2. Wuhan Exotic Animal Market Case, 2020
Facts:
After COVID-19 outbreak, authorities investigated illegal wildlife sales at Wuhan’s Huanan Seafood Market. Multiple vendors sold wild animals (bats, civets) without licenses.
Held:
Defendants were charged under Article 341 for illegal trade and Article 345 for selling wildlife for consumption. Sentences ranged from 3–5 years imprisonment and fines.
Principle:
→ Selling wildlife for human consumption without approval is a criminal offence; public health risk aggravates punishment.
3. Tiger Bone Wine Trafficking Case, 2017 (Beijing)
Facts:
Defendants were involved in trading tiger bone wine, derived from CITES Appendix I species (critically endangered).
Held:
Beijing court sentenced the main accused to 15 years imprisonment and heavy fines.
Principle:
→ Use of wildlife in traditional medicine, cosmetics, or liquor is strictly prohibited; illegal use of endangered species attracts maximum penalty.
4. Yunnan Ivory Smuggling Case, 2015
Facts:
A gang in Yunnan province smuggled over 500 kg of ivory from Africa into China and sold it domestically.
Held:
Criminal court applied Articles 341 and 344, punishing main perpetrators with 10–12 years imprisonment and seizure of assets. Lesser participants received 5–8 years.
Principle:
→ Smuggling endangered species across borders is treated as a serious international crime.
5. Leopard Skin Trade Case, 2019 (Guangxi Province)
Facts:
Defendants were caught selling leopard skins and claws online.
Held:
The court invoked Article 341, noting illegal acquisition, sale, and possession. Sentences ranged 3–7 years imprisonment, plus fines.
Principle:
→ Even online trading platforms can trigger criminal liability; possession and sale of protected wildlife are both punishable.
6. Pangolin Poaching Case, 2021 (Hainan Province)
Facts:
Local hunters illegally hunted pangolins in forests and sold meat and scales to restaurants.
Held:
Hainan court sentenced offenders to 5–10 years, emphasizing endangered species protection and deterrence.
Principle:
→ Poaching, even for local trade, constitutes a criminal offence; strict enforcement under Article 341 ensures deterrence.
7. COVID-19 Wildlife Crackdown Case, 2020–2021
Facts:
Nationwide crackdown on unlicensed wildlife farms and markets. Multiple operators were prosecuted for selling wildlife to restaurants.
Held:
Courts applied Article 341 and 345, imposing 3–7 years imprisonment, license revocation, and fines.
Principle:
→ Regulatory enforcement is strict; COVID-19 intensified prosecution due to public health concerns.
🧠 IV. Key Takeaways
Strict Liability: Criminal intent is not always necessary; handling endangered species itself is punishable.
Severe Punishments: Offenders can face long-term imprisonment, heavy fines, asset seizure, especially for endangered species or smuggling.
Corporate Liability: Wildlife farms, traders, and online platforms can also be prosecuted.
Public Health Considerations: After COVID-19, wildlife trade posing a health risk has led to stricter enforcement.
International Compliance: China enforces CITES obligations; smuggling or trading protected species internationally leads to harsh penalties.
⚖️ V. Conclusion
Chinese criminal law takes illegal wildlife trade very seriously, especially concerning endangered species and public health risks. Articles 341–345 of the Criminal Law provide a comprehensive framework to punish hunting, poaching, sale, smuggling, and consumption.
The case studies (pangolins, ivory, tiger bones, leopards, COVID-19 wildlife market) highlight:
Severe imprisonment for offenders
Importance of protecting endangered species
Liability of both individuals and corporations
China’s approach demonstrates a balance of conservation, public health, and international treaty compliance.
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