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野生動物保護法word版-資料下載頁

2025-08-22 03:42本頁面
  

【正文】 this Law, sells or purchases wildlife under special state protection or the products thereof, and if the circumstances are serious enough to constitute a crime of speculation or smuggling, he shall be prosecuted for criminal responsibility according to the relevant provisions of the Criminal Law. The wildlife or the products thereof thus confiscated shall, in accordance with the relevant provisions, be disposed of by the relevant administrative department for wildlife or by a unit authorized by the same department. Article 36 If anyone illegally imports or exports wildlife or the products thereof, he shall be punished by the Customs according to the Customs Law。 if the circumstances are serious enough to constitute a crime, he shall be prosecuted for criminal responsibility in accordance with the provisions of the Criminal Law on the crimes of smuggling. Article 37 If anyone forges, sells or resells or transfers a special hunting and catching license, a hunting license, a domestication and breeding license, or an import or export permit, his license or permit shall be revoked and his unlawful ine shall be confiscated and he may concurrently be fined by the relevant administrative department for wildlife or the administrative authority for industry and merce. If anyone who forges or sells or resells a special hunting and catching license or an import or export permit, and if the circumstances are serious enough to constitute a crime, he shall be prosecuted for criminal responsibility by applying mutatis mutandis the provisions of Article 167 of the Criminal Law. Article 38 Any staff member of a administrative department for wildlife who neglects his duty, abuses his power or engages in malpractices for personal gains shall be subject to administrative sanctions by the department to which he belongs or by the petent authority at a higher level。 if the circumstances are serious enough to constitute a crime, he shall be prosecuted for criminal responsibility according to law. Article 39 Any party who is dissatisfied with the decision on an administrative sanction may, within 15 days of receiving the notification on the sanction, make a request for reconsideration to the authority at the level next higher to the one that made the decision on the sanction。 if he is dissatisfied with the decision on reconsideration made by the authority at the next higher level, he may, within 15 days of receiving the notification on the decision on reconsideration, institute legal proceedings in the court. The party may also directly institute legal proceedings in the court within 15 days of receiving the notification on the sanction. If the party neither makes a request for reconsideration, nor institutes legal proceedings in the court, nor plies with the decision on the sanction, the authority that made the decision on the sanction shall request the court to effect a pulsory execution of the decision. If the party is dissatisfied with a customs penalty or a penalty for violation of public security, the matter shall be dealt with in accordance with the provisions of the Customs Law or the Regulations on Administrative Penalties for Public Security. Chapter V Supplementary Provisions Article 40 If any international treaty concerning the protection of wildlife, concluded or acceded to by the People39。s Republic of China, contains provisions differing from those of this Law, the provisions of the international treaty shall apply, unless the provisions are ones on which the People39。s Republic of China has made reservations. Article 41 The administrative department for wildlife under the State Council shall, in accordance with this Law, formulate regulations for its implementation which shall go into effect after being submitted to and approved by the State Council. The standing mittees of the people39。s congresses of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with this Law, formulate measures for its implementation. Article 42 This Law shall go into effect as of March 1, 1989. 8
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