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On The Perfection Of Our Country’s Legal Regulation Of Preventing Alien Species Invasion

Posted on:2013-10-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:J LiFull Text:PDF
GTID:1221330377453101Subject:Environment and Resources Protection Law
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The phenomenon of alien species invasion has existed since ancienttimes, however, restricted by all kinds of conditions; it has not formgreat harm yet at that time. Nowadays, with the rapid development ofproductivity and progress of technology, the activity scope of humanbeings become more extensive, also, the influence and harm to naturalecology become more notable. Besides, directed by the wrong concept ofanthropocentrism, what human beings pay attention more is their economicinterests, not the protection of ecological environment. Therefore,influenced by human beings’ false concept, the phenomenon of loss or evensharp cutoff of biological diversity become effected and destructedbecause of the rapid development of modern technology. As is well-known,the invasion of alien species is one of the main reasons causing the lossor even sharp cutoff of biological diversity, the other important reasonis habitat destruction. According to scientific research, the harm ofalien species invasion is tremendous. On the one hand, the alien speciesinvasion will do great effect and harm to a region’s human health and itseconomic development. On the other hand, it will even threat theecological security and economic security of the invaded country.Obviously, we must attach importance to the phenomenon of alien speciesinvasion.Since the1980s, with the application of the Transgenic technology,the development economy and the international trade, and the defects oflegal system to couple with the invasion of alien species in China, theinvasive of the alien species is very serious and showing the invasionof a wide range of types diverse, fast rise, the relative seriousness of the consequences of the trend. Although China introduced, including theEnvironmental Protection Act, the Forest Law, Grassland Law, FisheriesLaw "," Entry and Exit Animal and Plant Quarantine Act, the PlantQuarantine, Import and Export Commodity Inspection Act "in within therange of laws, regulations and administrative rules, there are somespecifically for invasive species regulations require, however, there isa deviation due to the legislative intent of the adjustment range of gaps,regulatory agencies set misconduct, serious lack of specific systems andother issues, so that these laws and regulations in the prevention andcontrol of alien species invasion did not achieve its desired results.Currently, developed countries represented by the United States, Japan,Britain and Australia on the issue of alien species has established arelatively complete system of laws and regulations to deal with invasivealien species in their faces. To the Convention on Biological Diversity,the Cartagena Protocol on Biosafety "," Endangered Species of Wild Faunaand Flora International Trade Convention and other internationallegislative level as the main indicator of alien species invasion andgenetically modified organisms cross-border Transfer of specializedregulation, and a good implementation.With the worsening problem of exotic species invasion, to developprevention and control of alien species invasion of the Basic Law is notonly a fundamental need to deal with national security and our countrythe basic requirement to fulfill international obligations. Invasivealien species in terms of the legislative purpose, first, to prevent theinvasion of alien species, maintenance of biological safety, to protectits biological diversity; the second is to prevent economic losses andto protect human health. In invasive alien species in the set of basicprinciples, it should be putting prevention first, comprehensiveprevention and control principles, the principle of graded and key principles of management and public participation principles. Preventionand control invasive alien species in the Committee of Experts on themanagement structure, should be established, this committee should becomposed by the knowledge of agriculture, forestry, environmentalprotection, fisheries, marine, customs, industry and commerceprofessionals, overall co-ordination by the Commission, coordinate andmanage alien species invasion. In alien species risk assessment systemshould be strengthened to establish and perfect the system construction,and strive to shut out the first time will have a harmful biological. Thesame time, should also pay attention to the relevant institution buildingto strengthen prevention and control of alien invasive species, such aslicensing system, animal and plant quarantine system, monitoring andcontrol system, accountability system, public participation in the systemand the judicial system, through the organic coordination of the varioussystem measures and cooperation and work together to ensure therealization of China’s prevention and control of invasive alien speciesin the legislative purpose of the Basic Law.
Keywords/Search Tags:Alien species, Legal regulation, The purpose oflegislation, Ecological law, Risk assessment
PDF Full Text Request
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