| In China,hunting was once one of the main ways of life for human beings.Hunting activities were once popular among ethnic minorities with strong hunting culture,such as the Oroqen.With the development of society,the hunting industry has gradually emerged,the form of hunting has been enriched,and the attention to hunting rights has also increased.As early as 2006,the State Forestry Administration first transferred the approved hunting rights by auction,and planned to hold an international hunting wild animal auction in Chengdu.Later,it was suspended because of doubts and objections from public opinion.Since then,the discussion of the right to hunt in the academic world has been triggered,but the nature of the right to hunt is still inconclusive.The Law Commission of the National People’s Congress has stipulated six quasi-property rights including the right to take water,fishing and hunting in the draft of the draft of the Property Law.However,the right to hunt was removed from the final adoption of the Property Law.At present,Article 124 of the draft of the Civil Code,which is being drafted,stipulates that: “The right to obtain exploration,mining,water,and use of waters and tidal flats for farming and fishing according to law is protected by law.” At this point,fishing rights Being included in the property rights,the right to hunt is still being excluded.Although China’s property rights legislation avoids the qualitative problem of hunting rights and does not treat hunting rights and fishing rights equally,but from the relationship between the rights of hunting rightsand the relationship between hunting rights and fishing rights,hunting rights should also be included in the property rights.,treated the same as fishing rights.This paper intends to determine the property rights of hunting rights based on the analysis of the connotation,characteristics and property rights of hunting rights,and the comparative analysis of fishing rights and hunting rights.It is concluded that hunting rights and fishing rights should be included in the property law system.Rationality conclusion.On this basis,in view of the existing legal system related to hunting in China,there are problems such as non-standard subjects,unclear objects,general and single acquisition and transfer rules,and put forward specific operational solutions and suggestions for improvement.In order to promote the orderly development of hunting activities,scientific development of the hunting industry,better play the ecological value and economic value of wild animal resources,scientifically use wild animal resources,carry out hunting activities in line with the concept of ecological civilization,and strengthen the construction of ecological civilization. |
