Research On The Legal System Of Fasting Wild Animals Comprehensively In China

Wild animals,as an indipensable part of the ecosystem,play an important role in maintaining ecological balance and improving natural environent,and also build a solid barrier to support the healthy survival of human beings.It is not only an ecological link element,but also a kind of natural resource.Therefore,neither international law nor domestic law completely prohibits the rational use of wild animals.However,such rational utilization should not violate the purposes and principles of wildlife protection and should prevent excessive utilization from threatening the survival and biodiversity of wildlife.Once abused,it can bring unpredictable costs,such as SARS in 2003 and the COVID-19 pandemic in early 2020.The human toll is sobering.In this context,in the post-epidemic era,based on the concept of risk prevention,how to build legal barriers for wildlife protection and utilization to prevent the resurgence of the epidemic is a very important and urgent research topic.In this paper,normative analysis,value analysis,comparative analysis,logical analysis and other methods are used to study the legal system of fasting wild animals comprehensively in China.In addition to the introduction and conclusion,the full text is divided into four parts.The first part is the theoretical and practical basis of the comprehensive ban on fasting wild animals in China.This part firstly demonstrates the theoretical basis from the two aspects of law and ideology respectively.Secondly,the practical basis are clarified into three perspectives: maintaining biodiversity,safeguarding public health and promoting human civilization.The second part is the status quo and the main problems of the comprehensively fasting system of wild animals in China.Firstly,the legal framework of the comprehensive prohibition of wildlife was sorted out from the legislative level.Secondly,from the perspective of practice,the implementation of the current system of banning wild animals in China is reviewed.Finally,it pointed out the main problems of China’s comprehensive wildlife fasting system in terms of legislation,the relevant legislation is scattered,the purpose is insufficient,the scope and list of wildlife protection is narrow,and the whole chain of comprehensive protection can not be achieved;In law enforcement,law entorcement system and lack of supervision lead to the absence of law enforcement,law enforcement is not in place;In the judicial aspect,the punishment for overeating wildlife is small,and the prosecutorial public interest litigation system in the field of wildlife protection is not pewildlife protection and utilization law in China.Firstly,the status quo of relevant laws and regulations and management departments in the field of wildlife protection is sorted out.Secondly,it examines the current utilization of wildlife resources in China from different industries.Finally,it points out the main problems existing in the protection and utilization of wild animals in China: In terms of legislation,the legislation is decentralized and the purpose is insufficient,and the scope and list of wildlife protection are narrow,which cannot achieve the all-round protection of the whole chain.In the aspect of law enforcement,the lack of law enforcement system and the lack of supervision lead to the absence and lack of law enforcement.In the judicial aspect,the punishment intensity is small,moreover,in the field of wildlife protection,the procuratorial public interest litigation system is not perfect.In terms of law-abiding,due to the weak public awareness of wildlife protection and the lack of public participation channels,the public participation mechanism is still not sound due to the public’s weak awareness of avoiding wildlife and limited channels for public participation.The third part is the relevant legislation practice and experience reference of the foreign wild animal fasting.This part first elaborates the relevant legislative provisions and specific practical measures of wildlife fasting in the United States,Japan,Australia and other non-regional-countries.Secondly,based on Chinas’ national conditions,it seeks for useful reference from the experience of non-regional countries.The fourth part is the core part of this paper,which is to improve the legal system of China’s comprehensive prohibition of wild animals.In view of the problems existing in the comprehensive fasting of wild animals in China,on the basis of drawing lessons from foreign experience,this paper puts forward four suggestions:First,to implement all-around-whole-process legislative protection We should promote the convergence of relevant laws,expand the purpose of legislation,build a full-chain protection system,and establish a dynamic adjustment mechanism for the scope of wildlife protection.Second,we will improve the law enforcement and supervision system.We will sort out the list of departmental responsibilities,strengthen supervision in key areas,and strengthen supervision over power.Third,we will improve the judicial and punishment system.We will increase punishments and expand prosecutorial public interest litigation in the field of wildlife protection.Fourth,increase public participation.Publicity and education on the prohibition of wild animals will be carried out to encourage public supervision.In conclusion,under the background of worldwide outbreak in promoting the construction of ecological civilization and the beauty of the China construction process,an urgent need to take a hard look at our comprehensive fasting wildlife law system,discrimination in the field of legislation,law enforcement,judicial,law-abiding,woven of wildlife protection laws,realize the harmonious coexistence of people and wild animals.