Abstract: As a global environmental problem, biological invasion seriously affects the ecological security, economic development and human health in the invaded area. To effectively address this problem, the crime of illegally introducing, releasing and discarding alien invasive species has been into the Criminal Law by amendment (XI) to the law. Guided by the concept of ecological anthropocentric legal interest, this crime exhibits multiple characteristics in its structure, actively targeting criminals engaging in perilous activities. Given that this crime has the attribute of administrative subordination, the scope of alien invasive species and the legality of the conduct of introducing, releasing and discarding species should be determined according to pre-existing laws such as the Bio-safety Law and Measures for the Administration of Invasive Alien Species. As for the general provisions of “serious circumstances”, we may draw reference from the standard of “seriously polluting the environment” in the environmental pollution crime and specify it from the perspective of a specific act, the resulting damage to the environment, violation of legal interests, such as the right to life, the right to health and the property right, and improve its operability through judicial interpretation.

Key Words: crime of illegally introducing, releasing and discarding alien invasive species; invasive alien species; serious circumstances

Authors: ZHANG Zhigang, Ph.D. in Law, an associate research fellow at CASS Institute of Law, and YANG Muru, a graduate student at the Law School of the University of Chinese Academy of Social Sciences.

Source: 6 (2023) Journal of Southwest University of Political Science and Law