Research On The Legal Issues Of Ecological Infringement Of Alien Species

The phenomenon of alien species invasion has existed for a long time,but with the trend of globalization and the development of productivity as well as the progress of human science and technology.The invasion of alien species is becoming more and more dangerous,and the economy,human health and ecological security are in great crisis.Alien species are not enough to bring on numerous damages under certain restriction conditions,but they will cause serious crisis when they reach the state of invasion.Alien species invasion refers to the introduction of alien species into the native ecological environment through the intentional or unintentional activities of human beings or the development of the natural environment itself.Growing and spreading rapidly in the native ecosphere,so as to cause major disruption to the native person,property and ecological environment.Ecological tort refers to the state that biodiversity and ecological function in the ecological environment suffers serious damage and the ecosystem is disordere because of the intentional or unintentional activities of human beings or the development of natural factors,thus resulting in the imbalance and even extinction of the ecosystem.It mainly refers to the damage of ecological interests,which is not just the destruction of property and personal interests mentioned in the traditional environmental law.More and more attention has been paid to ecological problems in our country,and the pilot scheme for the reform of the system of compensation for ecological environment damage has been clearly put forward.However,the legislative protection of ecological security in China is relatively scarce and it is difficult to protect the ecological environment in an all-round way.The legal system to prevent invasive alien species is still imperfect.The first chapter of the text start with two events as the entry point of the problem,leads to the seriousness of the problem of the economic,personal and ecological infringement caused by the invasion of alien species,and analyzes the status quo,research value and significance;In the second chapter it analyzes the legal regulation of ecological tort of alien species in China,and clarifies the difference between environmental tort and ecological tort,which shows the difference between ecological tort and traditional environmental law mentioned in this paper.In terms of liability,the problems of unclear power and responsibility of the existing management mechanism and weak supervision are put forward through analyzing the principle of imputation,the constitutive elements,the reasons of exemption and the problems existing in the composition of the subject,and the existing relief procedures are not perfect;In the third chapter it mainly draw lessons from the experience of foreign countries,and focus on analysis of the existing legal experience of the United States,Japan,Russia,thus give the construction of the relevant legal system in China some enlightenment.In the fourth part,By combining with the above research content,Some suggestions are put forward to perfect the legal system of ecological tort of alien species in China.