Study On Compensation System For Wildlife Damage In China

Wild animal resources,as a valuable asset for human beings,can maintain ecological balance and play a role in protecting biodiversity.At present,China’s newly revised "Wildlife Protection Law of the People’s Republic of China"(hereinafter abbreviated as "Wildlife Protection Law")has been formally implemented.While our country’s laws are vigorously protecting wild animals,they also face the same problem of wildlife damage.Specifically,in some provinces and regions where there are many wildlife species,such as Shaanxi Province,there are also some local legislations that regulate the compensation for wildlife damages.However,as a whole,the legal effectiveness of these local legislations is relatively low,and in the Wildlife Conservation Law,the provisions for compensation for damage caused by wild animals are not comprehensive enough.Therefore,the legislation on the compensation for wildlife damage in China still needs further improvement.This paper briefly analyzes the theoretical basis of the legal system for the compensation of wild animal damages.Through the introduction of advanced experiences related to the legal system of compensation for the damage caused by wild animals in the world,the paper analyzes the status quo of the legal system for the compensation of wild animals in China and analyzes the current situation.The imperfections in China’s relevant systems have attempted to provide a scientific legal basis for China’s wild animal damage compensation work,thereby contributing to the development of China’s wildlife protection and wildlife damage compensation system.This article is divided into four parts:The first part is mainly an overview of the compensation system for damage caused by wild animals.First of all,the concept of the harm compensation system for wildlife was introduced.Secondly,it introduces the characteristics of the harm compensation system for wildlife,including the characteristics of harm-causing and non-accountability,restrictiveness,and unspecified object.Finally,it analyzes and constructs the theoretical basis of China’s wild animal damage compensation system,including ecological compensation theory,human rights protection and wildlife protection theory,and the theory of public burden equality.In the second part,the paper introduces the compensation system for the damage caused by wild animals and analyzes them.In this part,through research on the compensation system for wild animals in the United Kingdom,the United States,France,Switzerland,and Germany,it is concluded that the above countries and regions are advisable in the compensation system for wild animals.The experience of foreign legislation is mainly reflected in the principle of responsible attribution for the harm caused by wild animals,which clearly distinguishes the boundary between domestic animals and wild animals,the scope of damage compensation,and the adequate compensation funds.The third part analyzes the status quo and deficiency of China’s wild animal damage compensation system.First of all,introduce the legislative status quo of China’s wild animal injury compensation system.Secondly,the deficiency of China’s wild animal damage compensation system was pointed out.It mainly includes the issues such as the ambiguous division of responsibility of the subject of damage compensation,the unclear range of wild animals,the ambiguity of damage compensation standards,and the complex procedures of damage compensation.The fourth part puts forward suggestions for improving the compensation system for wildlife in China.Based on the lessons learned from the legislative experience of the compensation system for wild animal damage caused by foreign countries and combining with the existing problems in China,the government has proposed the responsibility of dividing the government responsible for compensating the obligations,determining the scope of harm caused by wild animals,clarifying the criteria for damage compensation,and simplifying the procedures for compensation.It is suggested to construct a legal system for the compensation of wild animals in China.