The Study On Legal Regulation Of Wildlife Conservation And Utilization

This paper taking the discussion in the community caused by improper use ofwildlife in real life as a starting point, analyzes the provisions of China’s existing legalsystem in wildlife conservation and utilization. A unified understanding on thelegislative purpose of the wildlife in China has not yet formed that leads the buildsystem seems rigid and closed, or the border of general rights and obligations isambiguous, which appears as the law evaded the definition of the wildlife, limitingpublic participation in wildlife rating, blurring the obligation of the government invarious aspects of wildlife conservation and utilization. The results of industrializationunder such a system constructed, formed of many industrial chains which are neitherconducive to the protection of wildlife nor conducive to use. The chains are intertwinedand seriously violating of the principles of sustainable development. On the other hand,the United States and Japan in order to achieve the interests of the wildlife for its owncitizen basing on the designed system which aims at activating the linkage between therelated industries to promote the integration of industrial chain, greatly contributed to itsown wildlife conservation services development of wildlife recovery at the same timepeople can fully enjoy the benefits of wildlife. After analyzing of the relevant laws ofUnited States and Japan on wildlife conservation and utilization, this paper summed upthe regulation which promotes the development of the two countries’ industries. Bycontrast, China with the traditional character of taking into account for the protectionand utilization of the wildlife, consults on positive factors of the system of the UnitedStates and Japan, which will be conducive to China’s wildlife protection and utilizationand to achieve healthy development. Therefore, the breakthrough of China’s wildlifeprotection lies in re-combing the legislative purpose of the wildlife, redesigning thelegal system building and perfecting the mechanisms based on the rule of the market,which ensures human society can equally enjoy the benefits of wildlife as a startingpoint and goal, to implement the law in the solution on the scarcity. Especially to focuson the four aspects which are the regulation of rating the endangered species, theindustry’s incentive, information disclosure of the government and the punishment, andgradually build up mechanism to achieve maximum human interests by game theory.