关键词: 破坏野生动物资源犯罪, 高鼻羚羊角, 价值认定, 定罪量刑

Abstract: The value of China’s Class-I protected Saiga tatarica horn is not uniform in current judicial practice,  ranging from RMB 7 500 to RMB 80 000 for a single horn, resulting in a large gap in conviction and sentencing in different cases. The problem of different punishment for the same crime in the same type of cases across the country affects judicial fairness and justice. The main reasons are that regulations on the value assessment of wildlife products are relatively general, the value assessment methods are lagging behind, and there is insufficient attention to the value assessment of wildlife products such as Saiga tatarica horn. These issues deeply reflect the shortcomings of relying on administrative regulations in the application of criminal law. Since conviction and sentencing models for crimes against wildlife resources are based on the value, it is recommended that in the process of constructing a system of judicial rules for such crimes, full consideration should be given to the uniformity of administrative standards, and research on relevant legal policies related to wildlife product crimes should be strengthened. The supervision function of the procuratorial organs in ecological environment and resource protection should be fully utilized to promote the improvement of the value assessment method for wildlife products. At the same time, the examination of specialized issues in cases should be strengthened, and case-analogous thinking and Big Data technology should be actively used to unify the case handling standards.

Key words: crime of destroying wildlife resources, Saiga tatarica horn, value assessment, conviction and sentencing