Research On Legal System Of Compensation For Wildlife Damage In China

With the improvement of ecological environment in China,conflicts between wildlife and humans are becoming more and more common.Due to the increasing popularity of wildlife protection and the increasing enforcement of animal protection laws,the victims of conflict can only react negatively to the damage of wild animals,and the injustice of the victims bearing the main loss arises.The Wildlife Protection Law of P.R.C.introduced in 1988 marked the establishment of the compensation system for wildlife in China and provided a legal basis for compensation for wildlife injury.In the following 35 years of development,with the introduction of local regulations and government regulations,China’s wildlife injury compensation system has been gradually perfected,but there are still many shortcomings,such as inadequate protection scope and low compensation standards.In this paper,from some typical cases,the main causes of these problems and problems are analyzed in depth,and some concrete and operable suggestions are put forward in order to reach the ideal realm of protecting the legitimate rights and interests of victims,wildlife survival and reproduction,and harmonious coexistence between human and nature.This study will be elaborated with four following parts:Firstly,the basic concepts and main contents of legal norms of legal compensation for wildlife injury are briefly introduced.At the theoretical level,this paper defines and classifies the core concepts of "wildlife" and "wildlife damage",and clarifies the connotation and extension.Then the legal basis of compensation at the central and local levels is combed,and the relevant legal norms are analyzed from the aspects of the subject of compensation responsibility,the subject of compensation,the scope and standard of compensation and the compensation procedure.Secondly,some typical cases are used to reveal the main problems and reasons of the legal system of wildlife injury compensation in China.By selecting some typical cases from the court of appeal to the court of second instance,this paper analyzes the problems of inadequate compensation,narrow scope of compensation,low compensation standard and long cycle of compensation procedure,and then explains the main reasons of these problems,including lack of awareness of government problems,insufficient financial resources and lack of comprehensive consideration in legislation.Then it introduces and evaluates the compensation system of foreign wildlife injury.In this paper,three representative countries,the United States,Canada and India,are selected to introduce their advanced experiences and shortcomings in wildlife compensation scheme.The main redeeming points include the definition of rights and responsibilities within the subject of compensation,the meticulousness and transparency of compensation standards,and the emphasis on the balance of rights.Finally,in view of the inadequacy of the legal compensation system for wildlife injury in China and the beneficial experience abroad,some suggestions are put forward.In the guiding principle of compensation,we should take "efficient and convenient" as the center and optimize the processing efficiency.In terms of specific rules,the author puts forward some concrete suggestions such as clarifying the subject of legal relationship and its share of liability,enlarging the scope of compensation for damages,refining and raising the standard of relief,perfecting the relief procedure,balancing the "scale" of relief in a reasonable way,and improving the connection with other systems.