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Preliminary Study Of Wild Animal Conservation Law

Posted on:2018-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:H Z DingFull Text:PDF
GTID:2336330518952504Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Our country has implemented Wild Animal Conservation Law of the People's Republic of China(WACL)for a long time,but it hasn't well taken effect because of a major factor that in the law wild animals are granted a status as a kind of resource which is exploitable.This idea of wild animal being resource has historical origin,and there was objective factors to prompt the lawmakers to legislate according to the idea at then background.However,the idea has disadvantages:it has proven to be harmful to wild animals protection theoretically and practically,and it is not in line with the trend in the world.Given the grave situation of wild animals protection in our country,it is urgent to remove the idea from the WACL.A few years ago,amendment of WACL begun to be undertaken and animal protectionists called for taking the opportunity to abandon the idea off the law.Although the lawmakers have seemingly adopt a posture to meet the animal protectionists,demand,the new law hasn't had any changes as regards this.The new law is still full of clauses of wild animal resource exploitation,which concern arrangement of administrative departments of wild animals protection,hunting system,wild animals farming permission system,special mark system,etc.and the lawmakers have subtly disguised some of them.I will analyze wild animals resource exploitation clauses in the new law,and reveal behind them the idea of wild animal being resource.I would argue that low degree wild animal exploitation theory is reasonable choice for our country currently,that is to say to retain the wild animals exploitation of public interest and to abolish commercial exploitation.However,given that commercial wild animal exploitation industries have to some degree developed,abolishing them requires proceeding gradually.Thus,the reasonable means of amendment in general of WACL is to retain the wild animals exploitation of public interest,to restrain commercial exploitation,to direct the commercial exploitation industries to be transformed and abandoned and finally to achieve an overall prohibition of commercial exploitation of wild animals.Finally,by this means I will give some suggestion.
Keywords/Search Tags:wild animals, protection, resource, exploitation
PDF Full Text Request
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