Study Of Legal Strategy To Combat Biological Invasion

Biological invasion is a complex phenomenon that certain species come into a new area from their original habitats through natural or human actions, threatening environment, economy, public health, social harmony, traditions or even foreign affairs. Great attention has been attracted to it from all circles.This article analyzes Biological invasion in natural, social, economic and historical dimensions respectively. It is the natural basis that when alien species meet their victims a new population or community is created. It is by human actions that both of them can meet each other, which is its social foundation. The external contradiction between public goods such as environment and individual actions resulting to it is its economic explanation. Globalization of goods and travelers redistributes species originally isolated worldwide, which is the historical explanation. It is the nature of biological invasion that during a certain period human capacity to address it lags behind the magnitude, frequences and consequences of biological invasion and then the human interests are damaged.The integrated management of biological invasion includes four parts. The first is the management of the whole process, the lengthways control of invasive species from their origin to the destiny. The second is the omni-directional management, transverse control of biological invasion including the orientation and pathway dimentions. The third is the multi-gradation management which means that according to different role of human behaviors in biological invasion the encounter-actions in point should be put forward. The last is the multi-means management in which technological, administrative, economic and other measures should be used to combat biological invasion, and all the measures should be legalized as far as possible. Legal strategy to combat biological invasion includes the existing laws in point, their amendments and a newly framed one. It can be decomposed into seven parts: System, external form of legal strategy; Objective, goal that this strategy want to attain; Management system, which staff or institution to perform it; Principles, some guidelines acting as instructions; Concepts, legal definition of some key terms; Concrete rules, methods of practice; Guaranteeing system, institutional management to ensure its performance.International legal strategy to address biological invasion includes international legal instruments (hard laws) and such texts as guidelines (soft laws) issued by some international organizations, they play a key role in instructing and imposing the legal practice of countries in the world.National laws are the most important legal instrument to address biological invasion. This article selects two major or typical countries respectively from the six continents, introduces their status quo of biological invasion and analyzes their legal strategies to combat it, and points out the good and bad lessons of theirs. Focus has been placed on those of the U.S. and Japan.Considering both the level of economic and social development and the situation of biological invasion in China and learning from the international legal strategy to deal with biological invasion and from those of several major or typical countries, this article discusses the status quo and deficiencies of the existing legal strategies in China and puts forward the pathways of improvement on the part of form, objective, management system, principles, concepts, rules and guaranteeing system.This article ends by drawing the draft of the basic law to combat biological invasion in China, by putting forward the suggestions to amend the existing laws in place and by discussing the enforcement of law, the limitation of law and the hardness of biological invasion issue.