Research On The Legal System Of Compensation For Wildlife Damage

Due to the implementation of the policy for the protection of wildlife making some wildlife populations recover and grow,as well as the regional wildlife habitat shrinking,the frequent activities of wildlife in human living areas lead to the violation of residents’ economic property and even personal safety.In order to deal with this problem,the wildlife protection law enacted in 1988 stipulates the compensation measures for the wildlife damage.Subsequently,the corresponding implementation rules and local regulations have been incorporated into the content of the compensation for the wildlife damage,establishing the legal system of compensation for wildlife damage.At present,damage caused by wildlife still happens frequently,and the contradiction between the breeding of wildlife and the economic development of the community is prominent.Wildlife protection law,which was comprehensively revised in 2016,has responded to the social concerns about the compensation for wildlife damage,increased the prevention mechanism for the wildlife damage,expanded the scope of compensation for the wildlife damage and paid attention to the financial security for the compensation for the wildlife damage.Under this background,it is necessary to conduct an in-depth analysis of the institutional content and functional effects of the legal system of compensation for wildlife damage,and provide a feasible solution to solve the current severe damage compensation problem based on scientific assessment.Firstly,it’s necessary to discuss the definition and connotation of compensation for wildlife damage,differentiate the legal nature of compensation for wildlife damage,and explore the system function and value of compensation for wildlife damage under the relevant theoretical framework,so as to provide a theoretical basis for further research on the system content.Secondly,the current legal system of compensation for wildlife damage should be sorted out to clarify the legal origin of the legal system of compensation for wildlife damage,so as to clarify the framework structure and main content of the legal system of compensation for wildlife damage.In addition,through the empirical study of the operation and implementation efficiency of the local wildlife damage compensation system,combined with the demands of stakeholders,the realistic plight of wildlife damage compensation and the causes of the system are discussed,so as to provide an empirical basis for thinking about the improvement of the system.Furthermore,it’s also necessary to pay attention to local exploration and innovation in the practice of compensation for wildlife damage,and summarize feasible institutional experience.For example,the public liability insurance system of wildlife injury in Yunnan province and the community co-management system of Gaoligong mountain national nature reserve have achieved positive social governance effects.To some extent,local exploration and practice make up for the omission of the existing legal system,respond to the practical problems,and provide a useful mirror for the further improvement of the relevant system.Eventually,on the basis of clarifying the problems existing in the operation of the system and their causes,and summarizing the implementation experience of local systems,we should improve the legal system of compensation for wildlife damage in China from the aspects of legislative system,system design,control system and public participation,so as to protect the legitimate rights and interests of the injured parties and promote the construction of ecological civilization.