1. The boundary between this crime and non-crime

The distinction between the two should also be grasped from both subjective and objective aspects. From the subjective point of view, if the actor really doesn't know that what he is carrying, transporting and mailing through the border is precious animals and their products, that is, he has no intention subjectively, he can't think that it constitutes the crime of smuggling precious animals and precious animal products. From the objective point of view, if the object of the actor's smuggling behavior is only ordinary animals and their products, it is generally not punished as a crime. Of course, if it smuggles general animals and their products and evades a large taxable amount, it can constitute the crime of smuggling general goods and articles.

2. The boundary between this crime and the crime of illegally buying and selling rare and endangered wild animals and rare animal products

The crime of illegally buying and selling rare and endangered wild animals and rare animal products refers to the act of illegally buying and selling rare and endangered wild animals and their products under special state protection in violation of wildlife protection laws and regulations. It has something in common with the crime of smuggling precious animals and precious animal products, and objectively, criminals who smuggle precious animals and their products often have the behavior of buying and selling, so the two crimes have some similarities. The key is that the objects of the two crimes are different; The object of the crime of smuggling precious animals and precious animal products is the state's foreign trade control, while the object of the crime of illegally buying and selling precious and endangered wild animals and precious animal products is the state's protection system for wildlife resources. Therefore, in practice, actors transport, purchase and sell precious animals and their products prohibited by the state in inland seas and territorial waters, or members of smuggling groups are responsible for purchasing precious animals and their products in China, and are bought and instructed by smuggling groups to help buy precious animals and their products. These behaviors should be regarded as crimes of smuggling precious animals and precious animal products, not crimes of illegally purchasing and selling precious and endangered wild animals.

3. Identification of the act of providing convenience for criminals who smuggle precious animals and their products

According to the provisions of Article 156 of this Law, whoever colludes with criminals who smuggle precious animals and their products, provides them with loans, funds, account numbers, invoices, certificates, or provides them with transportation, storage, mailing or other conveniences, shall be punished as the * * offender of the crime of smuggling precious animals and precious animal products.

4. resist the identification of anti-smuggling behavior by violence or threat. Smuggling precious animals and their products, and resisting the customs officers' investigation by violence or threats, according to the provisions of Article 157 of this Law, should be punished for the crime of smuggling precious animals and precious animal products and the crime of obstructing official duties.