An Research On The New-mode Administrative Compensation To Physical Damages Caused By Wild Animals

Article 14 in the Wild Animals Protection Law goes as follows: damages caused to crops and others because of the protection to national and local protected animals, should be compensated by local government. Detailed rules are made by governments of provinces, autonomous regions and municipalities directly under the Central Government respectively. Even though the most provinces has had their own enforcement regulations according to the authorization of the Wild Animals Protection Law, the substantive and procedural rules on compensation for physical damages caused by wild animals are still lack of practicality. Currently there are only Shaanxi, Yunnan, Beijing, Anhui, Tibet and Jilin have respective the Rules of Compensation for Physical Damages Caused by Terrestrial Wild Animals. The Wild Animals Protection Law fails to offer a clarification to the nature of remedies for physical damages caused by wild animals and sets an irrational scope of wild animals, as a result, rules made by each local government has a lot need to be improved, which include the constitution of compensation, the amount of compensation, ways of compensation, the subject of compensation, funds of compensation, supervision and procedure of compensation. This essay will focus on the study of above problems and offer suggestions on remedies for physical damages caused by wild animals.Firstly, the definition and classification of wild animals in Common Law will be looked, and a clarification of the connotation and denotation of the notion'wild animals'in this essay will be given.Secondly, according to the characteristics of physical damages caused by wild animals, not the traditional and narrow-scoped administrative compensation, but new-mode administrative compensation which based on result-liability should be used to deal with such damages. Then the rationality and possibility of the application of such rules will be analysed in detail.Finally, based on the analysis above, according to the characteristics of the new-mode administrative compensation, as well as the research on the current legislation and existing problems, some suggestions will be given on how to construct the new-mode administrative compensation legal system for physical damages caused by wild animals in China.