Study On The Legal System To Protect Biological Diversity Of China

Nowadays, the legal system of biological diversity protection becomes a heat topic on the theory study of the science of environmental law. The biological diversity is the foundation of the human society live and the development. It not only has provided the survival resources for the species, but also constituted the human survival and the development biosphere environment. The reduction of the biological diversity, will worsen the human survival environment, limits the opportunity of the development, and even seriously threatens humanity's survival and the development. Protecting the biological diversity, the aim is to let them to provide the biggest benefit to human, and satisfy the potential which the descendant needs. Biodiversity protection by the legal system is the result of social development, is the requirements of the harsh biodiversity reality currently. In the legislation of western developed countries, the system has been recognized in various forms and manifestation. However, biodiversity protection in china's legal system is still ''a blank zone'' on the legislation. The currently study on biodiversity protection legal regime is focus on the ''convention on biological diversity'' and biodiversity protection legal system in some country of the world, and then combine the advanced system in the convention and national legislation with the China's biodiversity reality, to bring forward a biodiversity protection legislation mode which is suit with China .The first part of this article introduce the basic concept of the protection of biodiversity on the content, on the value of biodiversity and the currently convention on the protection of biodiversity and management of biodiversity, and then analyzed the reason which is the threat on the world's biological diversity. Part II of this article is study on the theoretical basis of the biodiversity protection, analyzed the theoretical basis from ethics, ecology, legal, economics and aesthetic,and then to find the theoretical foundation of biodiversity protection. Part III of this article is introduce the legal system of biodiversity protection in some foreign countries such as India, the United States and Britain, and analyzed the advanced experience of these systems which we can study. Part V of this article study on China's biodiversity protection status of the legal system and the deficiencies in laws and regulations to protect biodiversity. The fourth part of this article introduced our country biodiversity protection present situation, has analyzed the biodiversity basic situations and the reason which threatens. Part VI, with China's specific national conditions, proposed to establish a biodiversity protection legal system which is suit with the biodiversity condition of china, and consider we should enact a ''Law for the Protection of Biodiversity''. At the same time, our country should also examine the actual situation of regional biodiversity and enact the regional-level biodiversity protection system.