Study On Compensation System For Harm Caused By Wild Animals

Against the backdrop of international biodiversity conservation and domestic ecological civilization construction,the effectiveness of wildlife conservation in China has become increasingly significant,and the reproduction and quantity of wildlife populations have been restored to a certain extent.However,as the Lebensraum of wild animals and the living and production space of human beings become closer and more overlapping,the incidence of harmful events caused by wild animals increases year by year.Although the Wildlife Protection Law of the People’ s Republic of China stipulates a compensation system for wildlife harm,in practice,there are still many applicable issues in the compensation work for wildlife harm,such as unreasonable,unbalanced,and insufficient compensation amounts.The innovation of this paper is to study and discuss the old problems and new challenges in China’s wildlife damage compensation system with empirical analysis research methods in combination with the existing legislative situation and judicial practice,and try to improve the compensation for wildlife damage in three aspects: legislative optimization,program optimization,and capital source optimization,so as to meet the new requirements of the public on environmental quality and fairness and justice.Under this theme,the writing logic of this article is as follows: firstly,starting from the concept,define the nature of administrative compensation responsibility for wildlife damage compensation,and discuss the legal basis of wildlife damage compensation from the theory of national ownership of natural resources and ecological compensation theory;Secondly,the legislative status of compensation for wildlife damage at the national and local levels is reviewed,including a comparative analysis of compensation methods,procedures,and content between the central and local levels;Once again,taking 7 judicial judgments as examples,empirical analysis is conducted to compare and summarize the problems existing in the current compensation system for wildlife harm in practice,including the lack of specific compensation methods,unclear compensation responsibility subjects,low compensation standards for property losses,large differences in compensation standards for personal injury,narrow compensation scope,inefficient compensation procedures,and excessive criminal protection leading to increased losses;Finally,summarizing and drawing on advanced explorations from foreign countries,this paper proposes a path to improve China’ s legal system for compensation for wildlife harm from three aspects: optimizing legislative content,compensation procedures,and funding sources,in order to provide assistance for the comprehensive optimization of the legal system for compensation for wildlife harm.