Legal Issues On Wild Animals Damage Relieving Of Shanxi Province

The great significance of the wildlife species and their genes to human have been found by scientists and sociologist, our country take a lot of measures to protect wildlife and their habitat. Some real issues produce along with the achievements of protection. The number of some offensive wild animals has increased, they gradually live beyond their scope of activities and threaten local residents because their habitat can not meet their survival in the natural state. Nearly two decades, especially after the gun control specification, the number of cases of personal and property damage caused by wildlife has greatly increased. The reliefs need the legal means to regulate. So, this article make meticulous research on legal issues on wildlife caused personal injury and property damage relief after Shanxi Province Forestry Department developing 《Approach for The Implementation of Shanxi Key Protection Wild Animals Damage Relief》. Through the following sections of this issue I will explore, analyze, for the legislative reference.Firstly, this article describes the reality of our wildlife caused personal injury and property damage and relief conditions and lists a typical case of some provinces. At the same time, this article will lead the actual situation and relief conditions of wild animals'damage in shanxi.Secondly, this article analyzes the theoretical basis and legal basis of wild animals'damage relief. This article believes that the theoretical basis contains the theory of human rights protection, the theory of special sacrifice and the theory of fair burden equality. This article will elaborate legal basis of wild animals'damage relief from two aspects of the national legislation and local legislation.Thirdly, this article will analyze the legislation shortage of wild animals' damage relief from two aspects of the national legislation and local legislation. As for the national legislation, regulations is too principles and abstract to guide local legislation and practice and It must be reflected that choosing compensation way is bad for the solution of problem. As for local legislation, local laws and regulations are still not specific and no characteristics that they are difficult to put in practice and they have many absence or the provisions of uneven.Fourthly, this article analyses and investigates specific legal issues about developing approach for the implementation of wild animals'damage relief. First, this article illustrates the range and feature of local government regulations. Second, this article introduces the necessity of developing the approach. At last, this article discusses some controversial legal issues such as the range and Jurisdiction of relief and right of self-defense.In addition, the accessory of the article,《Approach for The Implementation of Shanxi Key Protection Wild Animals Damage Relief》,is draft according to the above analysis,national legislation, local legislation and current situation of wild animals damage relief in shanxi. The approach corresponds to the theoretical part of this article and embodies the main ideas and thoughts.In short, by discoursing realistic conditions and legislative conditions of wild animals'damage and analyzing related legislation in theoretical basis, this article offer some suggestions for shanxi province developing some regulations.