Research On Civil Public Interest Litigation Of Wildlife Protection In China

The outbreak of COVID-19 in 2020 has aroused the public’s concern about the protection of wild animals.In particular,the SARS incident in 2003 has a large amount of evidence that the virus is transmitted from bats to human society through civets.From the perspective of human life and health safety or biodiversity protection,the global society attaches great importance to the problems caused by wild animals.Article 55 of the civil procedure law passed on August 31,2012 formally establishes the civil public interest litigation system.From the perspective of legislation,it has been nearly ten years since China established the civil public interest litigation system,but there are still many problems in the civil public interest litigation system of wildlife protection.In view of this,this paper attempts to find the problems and put forward suggestions for improvement by combing the current situation of the system.The full text is divided into four parts:The first part mainly describes the concept of civil public interest litigation for wildlife protection and why it is necessary to build a civil public interest litigation system for wildlife protection.Through analysis,it is concluded that first,laws such as the wildlife protection law lack the content of public interest litigation and need to modify and improve relevant laws and judicial interpretations;Second,the existing public interest litigation system is difficult to fully cover the field of wildlife protection;Third,analyze the necessity of building an independent public interest litigation system from the particularity of wildlife ownership;Fourth,from the perspective of criminal law,the threshold of criminal law is very high,so the scope of application in ordinary society is limited and wildlife can not be fully protected;Fifthly,it discusses the relationship between environmental civil public interest litigation and wildlife civil public interest litigation,which is also one of the significance of this paper.The second part is the analysis of the current situation of civil public interest litigation for wildlife protection in China,which is summarized from the perspective of legislation and judicial practice.The third part is the problems obtained by combing the current situation of civil public interest litigation for wildlife protection in China,which are mainly reflected in the strict limitation of the plaintiff’s qualification standard,the insufficient scope of accepting cases,the single content of litigation claims,the great difficulty of judicial evaluation of damage results in the process of litigation,and the lack of regulations on the use and management of wildlife resources damage compensation after litigation.In the fourth part,the author combs the problems existing in China’s wildlife protection civil public interest litigation through the second and third consecutive parts,analyzes the reasons,and puts forward his own solutions,which is divided into five sections,and gives one-to-one responses to the five problems raised in the fourth part.At this stage,in order to effectively protect wild animals and prevent public safety problems,Establish and improve the wildlife civil public interest litigation system.The first task is to clarify the scope of plaintiffs,so as to expand the scope of cases,then design diversified litigation demands,reduce the difficulty of judicial expertise through artificial intelligence technology,and build a system for the use and supervision of special funds for wildlife resources in relevant laws and judicial interpretations.