Abstract: As a new crime in the field of wild animals against the background of the COVID-19 pandemic, the crime of illegally hunting, purchasing, transporting, or selling terrestrial wild animals aims to prevent the risk of virus and disease transmission caused by eating terrestrial wild animals. As far as the legal interest structure is concerned, the crime should take public health safety as the core legal interest and the reasonable protection of wildlife by the state, animal ethics, and biodiversity as the belt of legal interest. The objects of the crime refer to wild animals with important ecological, and scientific social values, wild animals under special local protection, and other terrestrial wild animals. Wildness is the essential feature of the objects of the crime. “For the purpose of meat consumption” has the function of controlling the scope of punishment for this crime. Acts of illegally hunting, purchasing, transporting, or selling terrestrial wild animals for non-meat consumption purposes, such as ornamental and medicinal purposes, do not constitute the crime. In determining the degree of subordination of this crime to the antecedent norms,  the principle of relativity should be adhered to and the hierarchy and scope of effect should be clarified.

Key Words: legal interest structure; terrestrial wild animals; for the purpose of consumption; preemptive norms

Author: Liu Renwen, second-grade research fellow, CASS Institute of Law; vice chairman, China Society of Criminal Law 

Source: 5 (2024) Law Science Magazine.