| Administrative regulation is a means of state public power to intervene in society.Its main goal is to protect people’s health,protect the environment and prevent accidents,which restricts the behavior with public danger.China has a long history of breeding and utilization of terrestrial wild animals.However,facts have proved that there are potential public health and safety risks in the utilization of terrestrial wild animals.Therefore,how to reduce the public health and safety risks of utilization through effective regulation on the basis of limited utilization of terrestrial wild animals is the key to solve the problem.China has established the principle of "standardized utilization" in wildlife legislation,but due to the emergence of the epidemic,the government’s regulation of wildlife resources is biased towards "protection" or"utilization",and its value orientation has aroused controversy again.Trade is a prerequisite for utilization.Taking appropriate administrative regulation measures in the process of trade can effectively manage animal use and public health.Firstly,the concept of "terrestrial wildlife" is clarified by means of systematic analysis and theoretical research,and the relevant theoretical research of administrative regulation is sorted out.On the basis of clear basic concepts,this paper analyzes the current situation of land wildlife utilization and land wildlife administrative regulation in China,and finds out the problems existing in China’s administrative regulation,such as:deviation of regulation value orientation,narrow scope of wildlife protection,unreasonable administrative regulation measures,etc;Combined with the practice of administrative regulation of terrestrial wildlife trading at home and abroad and the relevant theories of environmental law and administrative law,it is concluded that the reasons for the above problems are mainly the error of value orientation between "protection" and"utilization",the narrow definition and regulation scope of terrestrial wildlife,and the imperfect specific measures of current administrative regulation.After fully analyzing the problems,this paper puts forward the improvement path,such as improving the regulation principle of terrestrial wildlife,expanding the regulation scope of terrestrial wildlife utilization,actively implementing reasonable regulation,establishing a "networked"regulation system,etc.,in order to improve the administrative regulation of terrestrial wildlife utilization in China. |
