First, the crime of illegal fishing of aquatic products and theft are different crimes, the difference lies in:
1, different objects. The object of this crime is the national management system of aquatic resources, which belongs to the crime of destroying the protection of environmental resources; The object of the post-crime is the ownership of public and private property, which belongs to the crime of infringing on property.
2. Different in objective aspects. This crime is manifested as illegal fishing of aquatic products in violation of the laws and regulations of the state to protect aquatic resources, while theft is illegal possession of public and private property by secret means. Therefore, in practice, for the purpose of illegal possession, poisoning, killing a large number of fish and stealing them on the water surface or in fish ponds contracted by others, without causing other serious consequences, should be punished as theft.
3. Different themes. The subject of this crime includes both natural persons and units, and the subject of theft can only be natural persons.
Second, "the circumstances are serious":
Refused to leave after being driven away;
(2) illegally entering the territorial waters of China after being driven away;
(3) illegally entering China's territorial waters within one year after receiving administrative or criminal punishment;
(4) Illegal entry into China's territorial waters to engage in activities such as fishing aquatic products does not constitute crimes such as illegal fishing aquatic products;
(five) other serious circumstances.
Third, "the circumstances are serious":
(a) illegal fishing of aquatic products 1 10,000 kg or more or the value of110,000 yuan or more;
(two) illegal fishing of aquatic animal larvae and brooding parents with important economic value of more than two thousand kilograms or more than twenty thousand yuan;
(3) Fishing aquatic products of more than 2,000 kilograms or worth more than 20,000 yuan in protected areas;
(4) Fishing with prohibited tools and methods in the no-fishing area;
(five) fishing with prohibited tools and methods during the fishing ban;
Legal basis:
Criminal law of the people's Republic of China
Article 340
Whoever, in violation of the laws and regulations on the protection of aquatic resources, catches aquatic products in no-fishing areas or during no-fishing periods, or uses prohibited tools and methods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.