Study On The Legal Problems Of Alien Species Invasion

Under the natural state, the biological species are limited to live and develop in a certain range of area by seas, mountains, rivers and deserts etc. It is because of being isolated by the natural barriers that species evolve into peculiar, abundant biological resources called biodiversity. It includes diversity of gene, diversity of species and diversity of ecosystems. Biodiversity is the material base that human beings depends on for existence and development. It supplies not only living material such as food, but also creates comfortable surrounding. However, with quickening the global integration course, the flying development of the international trade, transportation and tourism, more and more species break native ecological systems, become alien species. Among these species, some of them turn into alien invasive species, inducing decline of native ecological function, accelerating species extinct. Alien species invasion is attributed to the second factor that makes the biodiversity extinct, inferior to destroy of the habitat. Facing to the austere realism of alien species invasion, many countries set down laws to prevent, control and eliminate alien invasive species.As the developing country, we study the phenomena of alien species invasion later, our legislation is so few and scattered that can't deal with the management of alien invasive species. This article talks about the invasive ways, harm and present condition in our country, illustrates the experience of advanced countries such as America and Australia, analyzes the defect of our legislation by comparing the international legislation, and insists on that we should set down the special law for alien invasive species, this is necessary and feasible, and have realistic significance. Such the basic principle must be abided by as the precautionary principle, introducer payment principle, information open principle, international cooperation principle. The systems that we should established in the prospective legislation for alien invasive species include risk assessment system, permit system, beadroll system, monitor and alarm system, emergency disposal system. Moreover, the administrative, civil and penal responsibilities involved in introduction of the alien invasive species should be completed. This essay considers that our country should tighten up to legislate for alien invasive species, only the complete law system has been constructed, can we prevent the worsening trend of present alien species invasion in our country efficiently, protect the biodiversity and civil health and promote the sustainable development of social economy in our country.