Strengthening China’s wildlife crime prosecutions through scientific evidence

A new study assesses how recent changes to conviction standards impact prosecutions for wildlife crimes.

China has made great strides in addressing wildlife and environmental crime. Key changes such as a ban on wildlife consumption, habitat protection, and expanded protected species lists have generally been welcomed as positive steps.

However, new research published in the AAAS journal Science finds that 2022 amendments to the conviction standards for wildlife crimes could weaken efforts to protect endangered species.

“Our study shows that the conviction and sentencing standards for crimes involving precious and endangered wildlife have generally been relaxed,” says Dr Lingyun Xiao, Assistant Professor at Xi’an Jiaotong-Liverpool University (XJTLU) and an author of the study. “For the majority of species, the required number of individual animals involved is higher to reach the same severity of punishment as before the changes were introduced.”

The new conviction system

Prior to 2022, convictions were based on the number of individual animals involved and their protection status. Under this system, a crime involving just one individual of any national key protected species could trigger prosecution, with specific thresholds set for more severe punishments.

In 2022, authorities shifted these standards to a monetary calculation. This shift aims to provide a more balanced alignment between offences and penalties, responding to public concerns about situations where a single low‑value wild animal triggers a criminal conviction. Under the new standard, each species has a pre-assigned value that is multiplied by the number of animals involved. This total is then multiplied by 10 for Class I protected species (the highest conservation concern) or by five for Class II species. These monetary totals determine punishment levels: crimes valued at 20,000 CNY carry a sentence of up to five years’ imprisonment, those reaching 200,000 CNY result in five to 10 years’ imprisonment, and crimes exceeding 2 million CNY lead to sentences of 10 years or more.

The impact on protected species

Researchers from Peking University, Xi’an Jiaotong-Liverpool University, Princeton University, and Duke Kunshan University assessed how the policy changes affected prosecution thresholds for all 522 protected bird and terrestrial mammal species.

For the 334 species already listed as protected before the recent amendments, triggering Level 1 punishment now requires, on average, 2.8 times more animals involved. More serious offences saw even sharper increases: Level 2 thresholds rose 5.9 times, while Level 3 (the most severe punishment) jumped 39.3 times. The 188 species added to the protected list faced an average threshold increase of 8.6 times for prosecution.

For example, killing two endangered Sino-Mongolian beavers (Castor fiber birulai) previously warranted Level 3 punishment. Now, the same severity requires at least 400 beavers – approximately 66% of its Chinese population.

The team’s findings were corroborated by interviews with eight law enforcement officers and two anti-poaching organisation employees. Nine of the respondents said it has become more difficult to prosecute cases due to relaxed conviction and sentencing standards.

The researchers highlight that for 16 protected species, such as the pygmy slow loris (Nycticebus pygmaeus), the number of individuals required to be involved for the highest level of punishment exceeds their estimated population sizes in China. Dr Yuehan Dou, Assistant Professor at XJTLU, who co-authored the study, says: “Even if these species were hunted to regional extinction, it would not constitute the highest severity level of punishment.”

Calls for policy revisions

“For some key protected species, the new conviction and sentencing standards have become disconnected from current scientific knowledge and actual protection needs,” says co-corresponding author Dr Fangyuan Hua, Associate Professor at Peking University. “We recommend comprehensive and routine policy assessments by experts to ensure standards reflect changing species status, populations, and habitats. A science-based system will strengthen China’s wildlife protection and combat illegal hunting and trading.”

The researchers have submitted their findings and recommendations to the relevant wildlife protection authorities and received positive responses.

By Catherine Diamond 
Edited by Patricia Pieterse