Methods of wildlife valuation in criminal cases in China and experiences for Vietnam

Abstract

Regulatory violations concerning the protection of wildlife in general and endangered, precious, and rare species in particular in China and Vietnam is alarming, causing severe imbalances in the ecosystem. The criminal law of both countries recognizes crimes to deal with these violations. To determine the crime and the corresponding penalty, the valuation of wildlife is a mandatory procedure in China and is required for some crimes in Vietnam. However, in the practice of case settlement in Vietnam, there is a problem related to the valuation of wildlife due to the lack of direct regulations, especially valuation methods. This article studies Chinese criminal procedural law on this issue and, based on that, proposes improvements to Vietnamese criminal procedural law and improving the effectiveness of law enforcement.