Research On Tibetan Areas Wildlife Resources Legal Protection

Abstract:Wildlife resources are a kind of animal and plant resources of unartificial cultivation,breeding but living in the natural environment,which are an important component of the ecosystem. Wildlife resources play an extremely role in maintaining ecological balance,and support other species’ survival,which are a kind of indispensable strategic resource for national economy and social sustainable development.They are an important material basis of human-being social development,which not only provide the basic food and clothing for human beings’early activities,but also cultivate the grains and domesticate the livestocks that we rely on. The complex and diverse geographical environment in Tibet region contains a wealth of wildlife resources,where there are up to several thousands of animal and plant resource of having precious economic and rare medicinal value,as well as many unique and endangered animals and plants.Since antiquity,people of all ethnic groups in Tibet,to varying degree,select and make use of these kinds of wildlife resources to benefit human being and promote social and economic development.However,while increasingly using the wildlife resources,with the continuous advance of socialist modernization and the rapid development of Tibetan economy,human beings’activities bring a more negative effect to the animal and plant resources.The deteriorative situation of wildlife resources in Tibet region becomes increasingly prominent and the contradictory of resources using and protecting turns to gradually emerge. Therefore,protecting Tibetan wildlife resources has a great significance for improving the situation of Tibet region’s ecological environment,maintaining ecological balance,promoting economy and society’s harmonious development as well as improving the overall level of national ecological environment.From the international and domestic experience,the most importance means of protecting wildlife resources nothing is better than promulgating and implementing national laws with the national coercive force as a supporter to make sure wildlife resources without being destroyed, because using the legal means to protect the wildlife resources has been a kind of international trend.Since the reform and opening up in the country,we country increasingly improve the legislation in the ecological environment area by published a series of legislations and laws in protecting wildlife resources.While abiding by the unique national legislations and laws,Tibet itself also makes some municipal legislations.However, in fact,there are still some problems in either legislations of protecting wildlife resources or provisions of specific legal system,which make the protection work on wildlife resources in Tibet comparatively lag behind.The author of this paper, based on drawing lessons from relative domestic and international legislations,analyzes the protection status of wildlife resources in Tibet region,and combine the characteristics of Tibet region to discuss how to improve the legislative protection system of wildlife resources in Tibet and think about how to make the regional benignant common laws and religious rules reflect in the national legislations.This paper firstly gives an introduction to the situation of wildlife resources in Tibet region,its management system as well as the opportunity and challenge facing on the protection of wildlife resources in Tibet.Then the author analyzes its legislation system of Tibet region’s wildlife resources from ancient times to nowadays.On this basis,the author analyzes the differences of protection idea causing by Tibet region’s special natural environment,dissects legislation deficiency on wildlife resources protection and institutional defects of its specific protection,and gives suggestions in views of existing problems.At last,from the perspective of improving national legislation of wildlife resources protection,the author proposes that benignant folk laws and religious rules should be absorbed into the national legislations,hopes that will be a certain contribution for Tibet region to improve its wildlife resources legislative protection system,promote its benign development and maintain regional ecological balance.In this paper,the author mainly adopts the method of literature reading, method of social investigation, comparative analysis method and the like methods to carry on the research:First,method of literature reading.Research questions are inseparable from accumulation of reading literature.There is no exception for studying the detail situation of Tibet region’s wildlife resources problems.Before making a research on Tibet region’s wildlife resources protection,the author has collected plenty of reference to read,analyze and classify.Meanwhile,the author thinks deeply about relative questions.These preparation and methods lay a foundation for writing this paper.Second,method of social investigation.The author has lived in Tibet region for more than six years,who has a certain understanding on Tibet’s social situation.In order to make this paper’s theory and practice have a close linking,the author visits relative functional government departments from forestry and environmental protection,uses the method of social investigation to make a field research on Tibet region’s situations,such as the situations of wildlife resources,legislations,enforcement and administration of justice and the like.It ensures the database cited in the paper is the latest one,of which suggestions given will also conform to Tibet region’s practical situation and can be used to deal with the practical problems.Third,comparative analysis method.The author,from the longitudinal, investigates and analyzes each wildlife resources protection system from ancient times and modern times in Tibet region,makes a transverse comparison to each province’s and domestic and oversea laws and regulations on protecting wildlife resources.Meanwhile,the author uses the methods of induction and deduction,analysis and synthesis to study Tibetan wildlife resources protective legislation system,to get some instructive and practical viewpoints,which will play a reference to the legislative construction and improvement of wildlife resources in Tibet region.