On The Protection Law Of Rare Or Endangered Marine Animals Of China

In accordance with the"United Nations Convention on the Law of the Sea"China's has a judicial sea area about 300million suqameter,which offers aboudantliving resources to people.Before 1960's,many seals,whales,dolphins,dugons,seaturtles,sturgeons and big sharks lived in the China seas,and they were available forpeople to catch and use in daily life.They kept an healthy marine ecologicalenvironment for Chinese people and were excellent experimental materials forscientific studies.People used them as food,medicine,tornaments,gifts and industrialmaterials etc in old days.But,these animals are rare and some are endangered inChina seas now,and people only may wtach them in aquariums.People almost havelost these beautiful animals and have to protect them in many ways.Law is an important tool to protect rare or endangered marine ainmals.China hasenacted many laws in this field.For example,the"Wild Animal Protection Law","Environmental Protection Law","Marine Environmental Protection Law","Fisheries Law","Natural Reserves Protection Regulations"and related internationalconventions,such as the"United Nations Convention on the Law of the Sea","Convention on International Trade in Endangered Species of Wild Fauna and Flora","Convention on Biodiversity"and"Convention on Wetlands of InternationalImportance Especially as Waterfowl Habitat",etcs,have established the legal framework in animal protection in China.But because of the radip growth of China'spopulation,the legal frame work and management measures can not meet therequirment of social development,the number of many species of rare or endangeredmarine animals are still decreasing.In this paper,the author put forword somecountermeasures in legal aspect in China by analyzing the related laws andincorporting with practical studies,There are Seven Chapters in this paper.Chapter One introduces the value of rare or endangered animals with focus onmarine animals.Chapter Two introduces the legislations on the protection of rare or endangeredanimals in China,and shows that the legislations on the protection of rare or endangered marnine animals are an impirtant part of it.Chapter Three introduces the basic principles and legal institutions on theprotection of rare and endangered marine animals.Chapter Four introduces the legal protction of the population of rare or endangeredmarine animals in China,including the classification,permission of use,collection ofresouces fee,rescue measures etc,and put forward countermeasures.Chapter Five introduces the legal protection of living habitat of rare or endangerdmarine animals,including the control of occupation of sea,management ofconstruction projects,habitat monitoring,pollution control,and protected areas,andand put forward countermeasures in the protction of habitat..Chapter Six introduces the legislation of some special animals abrod and at home,and suggests that special laws should be enacted in the protection of marine mammals,sea turtles and big sharks in China.Chapter Seven introduces the legislation on alien species intrusion abroad and athome,and put forword some measures on the legal prevention of alien marine speciesintrusion in China.In this paper,the author sugested that,the calssification standard of rare andendangered marine animals should be established and be harmonous withinternational accepted standards;the list of"state protected aninals"and"localprotected animals should be revised in accordance with practical condition regularly;protection pain should be make for individual speciese in the list of state or localprotected animals;effective measures should be taken by government to encouragepeople to study and culture rare or endangered marine animals;special lawsshould be enacted to protect some special marine animals;effective measures shouldbe taken to control alien species intrusion.