Discussion On The Right Relief Of Spontaneous Injury Of Wild Animals

Spontaneous injury of wild animals is receiving wide attention from the media.Not only the property rights and interests of natural person and legal person loss serious,but the physical security of natural person is also affected.However,our central law which is not specific enough,the absence of local regulations,and targeted research which also has its blank,can not ensure that the victim rights of the parties get timely and effective relief,after the incident of wildlife damage caused by the spontaneous type.It is not only unfavorable to the parties' legitimate rights and interests safeguard,but also aggravate the contradiction between people and wild animals,.It is not conducive to wildlife conservation work and damage to build a harmonious society.Therefore,it is necessary to discuss the right relief of spontaneous injury of wild animals,and this can not be underestimated.Based on our country's wildlife and damage caused by the spontaneous type right remedy the status quo,using literature analysis method and interdisciplinary study,through concluding and analyzing the relevant laws and regulations to our country present stage of the right relief of spontaneous injury of wild animals,carding the research status of the damage caused by the wildlife and the academic point of view of right remedy for damage caused by the wild animals,combined with the theoretical knowledge of law,sociology,economics research method sand research methods,comprehensively and synthetically study the remedies of right of spontaneous wildlife damage in wildlife and summarize the existing problems in the remedies of right of animal spontaneous injury in our country and put forward some suggestions.First of all,by introducing the case of wildlife spontaneous-induced damage,on the basis of full reference to the legal provisions,international definitions and academic circles,the two concepts of "wild animals" and "spontaneous harm" are defined.Then,combined with the current laws and regulations of the central and local governments,the author mainly analyzes the existing remedies of spontaneous injury-causing right of wild animals from four aspects: the main body of responsibility of wild animal spontaneous rescue,the scope of relief,the ways of relief,the standard of relief and the guarantee of funds Problems.Finally,four main problems are listed as follows: the main body of responsibility for the relief of the right of spontaneous wildlife damage is found to be difficult,the scope of relief is narrow,the remedy is not perfect,the standard of relief is not clear and the relief funds are insufficient,respectively from the clear responsibility of the main body,a reasonable definition of the scope of relief,a sound relief approach,a clear standard of relief and adequate protection of funds and improve the precautionary mechanism in five aspects to make recommendations.In order to find out the way to deal with the spontaneous damage of wild animals,the legal rights of citizens can be effectively remedied.At the same time,also hope to through this discussion,to find relief to protect wildlife and guarantee citizens lawful rights and interests conflict between the way,to better achieve the protection of wildlife resources and ecological harmony.