| Biodiversity problems have been concerned by the international society. At present, the legal protection of biodiversity in China is still not perfect. This article tries to talk about the problems from one classical case of biodiversity's protection in America. I will analysis the deficiency of legal protection about biodiversity in China and put forward some suggestions for perfection in order to promote the legal protection of biodiversity in China. "The dialogue between the fishlet and the dam", is a classical case about the legal protection of biodiversity in America. The federal supreme count made decision based on the principle that protection of species is preferential.This decision prohibited continuing to construction the dam which has been cost many dollars. The concept that ecology is preferential when the protection about biodiversity conflicts with economic development from this case has significant meaning to China's legal protection of biodiversity. The first part of this article is the summery of biodiversity. First is the concept of biodiversity. Biodiversity means the diversification and variability among species, as well as the eco-complexity in inhabiting area of species. It is the complex of species——including plants, animals andmicroorganism——which exist on the earth. According to the "Convention on Biological Diversity", the lawful concept of biodiversity refers to "all kinds of species which origin in, beside others, land, sea and other aquatic ecosystem, and the ecological complex which is constituted by them". Biodiversity includes gene diversity, species diversity, and ecosystem diversity. Then, the thesis has carried on the summary to our country's biodiversity present situation. China is a biodiversity country, meanwhile, its biodiversity is also damaged seriously, and the present situation is worrying. The values of biodiversity decide the necessity of its protection. The theory of ecosystem balanced, the environment ethics of ecology wholism as well as the justice of law, have provided ecology basis, ethics basis and law philosophical basis to the biodiversity protection respectively.The second part of this article has analyzed the difficult position of biodiversity protection. The reason that biodiversity protection so difficult is that it will conflict with other social value. The conflict includes biodiversity protection with economic development, and with personal rights and interests. Particularly, when biodiversity protection conflicts with economic development, the government inclines to protect economic development, that is extremely disadvantageous to biodiversity protection. Therefore, guiding with what kind of environment ethics, and using what kind of legal principles to solve the value conflict appears very important.The third part of this article are the introduction and analysis about the present situation of legal protection about biodiversity in China. Currently, legal protection of biodiversity in our country is mainly shown in the following aspects: First, making up regulations concerned with biodiversity protection including the related stipulation in "Constitution" and "Environmental Protection Laws of PRC". There are also plenty of separate law and administration law related to biodiversity protection, such as "Law of Marine Environmental Protection", "Water Law", "Water Pollution Prevention and Control Law ", "Water and Soil Conservation law", "Fishery Law", "Forest law", "Grassland Law", "Wild Animal Protection Law", "Wild Plant Protection Regulations", "Terrestrial Wildlife Protection Implementation Regulations", "Plant Variety Protection Regulations", "Nature Reserve Regulations", and "Landscape and Famous Sceneries Management Regulations" and so on. Second, China has carried on the biodiversity protection by establishing nature reserves since the 1990s. According to the related laws on land, sea, forest, wild animals and plants and so on, we have established some heterogeneity nature reserves, and also have formulated "Nature Reserves' Land Management Method" and "Forest and Wild Animal Type Nature Reserves' Management Method" and so on. Third, in the aspect of international cooperation for biodiversity protection, China has joined many conventions such as "Convention on Biological Diversity", " Convention on Wetlands of International Importance especially as Waterfowl Habitat ", "Convention on International Trade in Endangered Species of Wild Fauna and Flora", "Convention Concerning the Protection of the World Cultural and Natural Heritage", "Declaration on the Human Environment" and "the declaration of environment and development"(Rio de Janeiro ), as well as our county's policy about biodiversity protection, etc. In March, 2006, Chinese government delegation attended the eighth meeting of parties about " Convention on Biological Diversity " in Brazil, and the third meeting of parties about " Bio-safety Protocol ". Although our country has made certain endeavor in the legal protection of biodiversity, but currently speaking, there are also some insufficiencies: the legislative purpose does not conform to the sustainable development; the property right of biology resources is undefined; the sense of public participation is faint; and the litigation relief on destructions to the biodiversity is disadvantageous.According to the insufficiency of Chinese legal protection of biodiversity, in the last part of this article, I have put forward a few suggestions of myself. First, we must perfect the legislative purpose of Chinese biodiversity protection legislation , namely to make sustainable development as the legislative purpose. It needs to revise "Constitution", and add biodiversity protection directly to it, making biodiversity protection at the constitutional level. Therefore, it may provide the constitutional basis for legislating other biodiversity protection laws. We can also establish the principle of sustainable development in "Constitution" to make it at the constitutional level. More over, revise "Environmental Protection Laws of PRC", and change its legislative purpose as "The purpose of the law is to protect and improve the living conditions and the ecological environment; to prevent pollution and other environmental damages; to protect biodiversity; to safeguard the human health and the ecological security; to ensure the equity in and between generations, and to realize the sustainable development of ecology and economic". In addition, it also needs to revise other separate legislations on biodiversity, and establish biodiversity protection and ecological value as the legislative purpose instead of using the biology resources' economic value. Second, we must establish the basic principles of legal protection about biodiversity, namely principle of ecology-right respecting, principle of biological resources prevention, principle of species'protection preference, principle of reservation, principle of public participation. When biodiversity protection has conflict with other social values, these basic principles will be the legal standards for us to make choice. Again, we must clarify the property right of biology resources, that is separating the ownership and operation right in order to raise the utilization efficiency of biology resources. We should carry out the property system of "who protects, who enjoys; Who develops, who invests; Who benefits, who compensates", and realize it by the modes of stock system, contracting system, and cooperation system, and so on. Once more, in order to solve the disadvantages of litigation relief when biodiversity is destructed, we can reference the US's Analysis of Lawsuit System of Public Good to establish the system of environmental public interest action in China, and endow the right of environmental public interest action to common citizens, environmental organization, and other social organization. So that, citizens will participate in biodiversity protection widely and positively. "Public participation", a new type of social participation mechanism will be formed. It ensures that laws of biodiversity protection to be well implemented. Finally, we must perfect the ecological compensation system, and request ecology exploiter to pay the compensation to losers whose benefit is lost for the ecology exploiting, that is "who develops, who pays". It not only reflects the principle of legal justice, but also reflects the principle of beneficiary compensation.
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