Research On The Public Interest Compensation System Of Public Interest Litigation In Wildlife Protectio

As a component of the ecosystem,wild animals not only have economic value in resource utilization,but also have social and ecological values.In recent years,the rampant illegal trade and overeating of wild animals has caused the loss of wild animal resources and the loss of ecological functions,and even brought about serious public health and security problems.In order to protect wild animals better,beneficial explorations of wild animal protection public interest litigation have been carried out in judicial practice.The court charged the defendant to pay a certain amount to compensate for the loss of wild animal resources.However,in practice,there are problems such as the single scope of compensation,the different criteria for determining the value of wild animals,the lack of management of compensation,and the omission of evaluating the impairment of ecological function,which can’t comprehensively relieve the loss caused by the destruction of wild animals,and is not conducive to the realization of the purpose of public interest litigation for wildlife protection.This paper is divided into five sections for demonstration research.The first section summarizes the problems existing in the public welfare compensation system in the light of the cases of public interest litigation for wildlife protection.First of all,the different titles of public welfare compensation in the judgment actually refer only to the loss of national wildlife resources.Secondly,the value of the same wildlife resources in different cases there are different identification results,and the difference is large.Finally,the judgments failed to properly dispose the use and management of public welfare compensation in public interest litigation for wildlife protection.The second section analyzes the causes of the shortcomings of the public welfare compensation in the public interest litigation of wildlife protection.First of all,there is a lack of the basis for the right of claim for public welfare compensation.Secondly,the scope of public welfare compensation is solely rooted in the lack of relevant legal systems,as well as the judicial activities out of fear of hardship,which will circumvent the application of the principle of complete compensation.Furthermore,the standard rules adopted by different accreditation assessment institutions are different,and the value of wild animal resources itself is dynamic,resulting in inconsistent identification results.The third section conducts a legal analysis on solving the above-mentioned problems.The first is to implement the theory of community of life,to guide the work of wildlife protection public interest litigation and the improvement of its public welfare compensation system with the overall view of the ecosystem.Second,in accordance with the principle of liability for damages,the illegal perpetrators are required to bear corresponding civil liability,and Professor Wang Jin’s new interpretation of this principle,that is "beneficiary burden principle",is used to provide a theoretical basis for the establishment of subsequent public welfare foundations.Third,the precautionary principle should be adopted to prevent the risk of wildlife resource utilization behavior from transforming into reality.Finally,in accordance with the principle of beneficiaries’ burdens,illegal actors are required to bear the civil liability for the conversion of risks into actual damages,which provides a theoretical basis for the establishment of the subsequent public welfare foundation.The fourth section explores the ways to refine the system of the public welfare compensation in the public interest litigation of wildlife protection in China from the perspective of foreign learning.The U.S.wildlife resource damage assessment and compensation system clarifies the scope of compensation in the form of legislation.The method of combining resource equivalence analysis and DOI is used to evaluate the damage,and the resource damage compensation funds are integrated into the super foundation for management.In addition,the European Union clarified the scope of "damage" in the designation law,and used the "REMEDY toolkit" to accurately quantify damage in five steps.Summarize the advantages and disadvantages of the public interest compensation system in the wild animal protection public interest litigation in the United States and the European Union,and learn from each other.The fifth section proposes suggestions on the improvement of the public welfare compensation system in the public interest litigation for wildlife protection on the basis of the above four parts of argumentation.At the legislative level,clearly stipulate the civil liability for the destruction of wild animals resources,and provide a clear basis for the right to claim compensation for public welfare.Guided by the principle of complete compensation,the scope of public welfare compensation should be determined.In terms of procedures,establish a unified dynamic identification standard for the value of wild animal resources.Establish a specialized and unified management appraisal and evaluation agency,draw lessons from the Resources Equivalence Analysis and DOI evaluation procedures and rules of the U.S.,and conduct typed evaluations according to the degree of impact of wild animal species.Moreover,the public welfare compensation in the public interest litigation of wildlife protection shall be uniformly income and expenditure,supervised and managed by the public welfare compensation foundation.