Legal Protection Of Wild Herbs Resources Research In Western National Areas

Wild medical resources refer to those various medical plants,animals and minerals with different reserves which are distributed in certain areas and which are not planted,or stable breed. In this dissertation, the wild medical resources take a broad sense, including traditional Chinese medicine,folk medicine(herbal medicine) and ethnic medicine.The use of medical resources dates back to early stage of human being existence,and great medical work such as Sheng Nong’s Herbal Classic, Compendium of Materia Medica had emerged since then. Not only the Chinese medicine had a long history, ethnic minorities, in their long-range practice, had also developed medicine with unique ethnic features,such as tibet medicine, mongolian medicine, uighur medicine, dai medicine, zhuang medicine,etc.Due to its unique and various natural conditions,the western ethnic areas are blessed with abundant medical resources,and some well known authentic medical resources take a very important position in the country.In recent years,with growing need,rampant deforestation,ilegal hunting,destruction of habitat and weak sense of protection of the public,the wide medical resources in the western ethnic areas have been decreasing and are in dire need of protection.To protect the wide medical resources in the western ethnic areas has great significance,including preserveing the biodiversity,biotic resources and ecological environment,inheriting the traditional culture and character of the ethnic minorities,developing the Chinese and ethnic medical industry thus improving the health of people,and achieving the sustainable development in the region.Based on the theory of biodiversity and sustainable development, this dissertation analyses the status of the wide medical resources and its legal protection in the western region, with the reference of international treaty and the experiences of some countries, comes up with some suggestion in the aspects of legislation, law enforcement,law binding and public participation. The dissertation consists of seven parts. The first part is introduction. After a brief introduction of the significance of the topic and the relevant theories, this part goes through relveant research in the area, then lays out the research methodology and the attempted innovation. The first chapter firstly defines wild medical resources,then analyses its character, classification, history and significance. With the data of the general survey of national Chinese medicine resources, this part presents in detail the facts and figures of tradional Chinese medicine resources and ethnic medicine resources in the western ethnic region,. The second chapter presents the current situation, including the drawbacks, of the wild medical resources protection in the western region from the angle of legislation, law enforcement, law binding and public participation. In the third chapter, the author went to Wenshan in Yunnan province to do field research on the local medical resources, and found out the successful experiences and remaining problems in ites management and protection of the wild medical resources. The fourth chapter introduces the international treaties and the practice of some other countries in the field of wild medical resources protection, puts forward the reference to Chinese western region. In the fifth chatper, aiming to solving the existing problems, the author tries to bring forward concrete suggestions on the legislation, law enforcement, law binding and public participation in the wild medical resources in the western region. The sixth part is peroration.The research methodology used in the dissertation include:document study.combing the aspects of wild medical resources, resources protection,and relevant research pertaining to the western region;comparative study,expounding the international treaties and the practice of other countries in the field of wild medical resources,and drawing references to the western region;field study,finding a typical example and analyzing its success and failure.The innovations the author tries to realize lay out as follows. The first is innovation of the subject. The dissertation is the first of its kind to study the legal protection of wild medical resources in the western ethnic region from legal perspective. The second is innovation of the research scope. The dissertation covers the situation and protection of wild medical resources in the12provinces, autonomous regions and municipalities in the west ethnic region. Aside from the sorts,distribution and protection of the Chinese medical resources, the dissertation also covers the development,resources of the ethnic medicine and its relationship with the Chinese medicine. The third is innovation of the contents. With the theories of biodiversity and sustainable development, the dissertation presents the current situation, including legislation, law enforcement, law binding and public participation, of the wild medical resources protection in the western region, then comes up with relevant suggestions. Namely, the legislation of medical resources must establish biodiversity protection and sustainable development as its guiding ideology, and covers all the wild medical resources and all the management aspects. The autonomous regions must make the full use of autonomous legislation to show its characteristics. The western ethnic region must integrate the minority environmental customary law into its work, and takes advantage of its non-formal framework features. The dissertation suggests the introduction of vertical management and optional administrative behavior in the enviromental law enforcement. The dissertation also suggest expanding public participation by means of establishing enviromental NGO and exploring enviromental public interest litigation.