The Research On National Compensation Responsibility To Damage By Wild Animals

Today, the social and economic are developing rapidly, our country continuously emphasizes on the sustainable development, requiring the harmonious development between man and nature, and human's development can not damage the environment. As early as 1980s, our country had drawn up the "Wild Animal Protection Act." In recent years, as the continuous improvement of people's environmental protection awareness raising and the government's emphasis on environmental issues deepening, the status of our country's wild animal resources has been greatly improved. There is an increasing number of wild animals. However, the problem has also emerged. The increase in the number of wild animals, which also gives them bigger venues, often happen to coincide with human activity areas. The situation that humans and animals compete for resources and living space in real life, has also become common thing.In Yunnan, Shanxi, Heilongjiang and Jilin provinces, things that humans conflict with animals continuously occur, such as Asian elephants, wild antelope, tigers, bears, and boars. That has not only caused huge economic losses, but also resulted in personal injury cases. This harms human's enthusiasm for the protection of wild animals, and results in dissatisfaction of wild animals, and affects social stability and economic development.Wild animals encroach human's living space, causing a huge loss of personal property. But the country's "Wild Animal Protection Law" limits the human's resistance to wild animals, which undoubtedly will make human be at a disadvantage in front of wild animals. The wild animals cause damage, often trampling crops, bite livestock to hurt or death, destruction of pheasantry and even physical harms human's health. China is currently no legislation clearly about how to relieve people who are against wild animals causing a large number of human rights not being protected.Wild animals, particularly large, ferocious beasts, such as bears, tigers, boars, etc., has natural offensive and when attacking humans, humans often can not resist. Once being attacked by such ferocious beasts, there often cause serious injurys to the litigants. In the cases mentioned at the beginning, the three litigants against wild animals have reached a degree of serious injury. If we do not rescue them, just relying on the economic situation of the individual person is unable to assume the losses suffered and a large number of medical expenses would bring a heavy financial burden. Even the human body recover, they are also very likely to continue to engage in a corresponding loss of the ability to work. On such a situation, we can not relieve them. How to relieve is the focus of this paper to be discussed.I tried to compensation from the State perspective, study the legal basis of damage caused by wild animals to compensation by the state, indicate damage caused by wildlife to assume responsibility by the state, specifically should be a national compensation responsibility. This paper describes the concept and scope of wildlife, combining with the definition of compensation from the State shows that wild animals to cause damage to their liabilities by the state the legal basis and legal foundation. State compensation is the State Compensation Law is an important component of wild animals to cause damage to the unique nature of the state is the owner of the wildlife resources, wild animals, personal property damage caused by the State should have to bear the responsibility, specifically, should be is a liability is appropriate.After studying the two law systems on the damage caused by wild animals, studying the situation, combined with domestic research situation, a comparative study, and expounded China's wildlife damage compensation by the state assume the responsibility of the legal sources, the relevant provisions of foreign countries for reference to China significance.From the country's national compensation system for state compensation law, in the perspective of state compensation is described under the state compensation system has shortcomings, such as:compensation for the main agencies is not clear, lack of funds for compensation, compensation is narrow in scope, the mechanism of compensation unreasonable and so on, and elaborated the various defects in the main agencies of this article, the author of compensation for these countries, the shortcomings and put forward opinions and suggestions, a clear wildlife damage compensation from the state to cause the main body of rich countries compensate for the source of funds to expand the compensation scope, improve the compensation mechanism, and the creativity of wild animals, compensation for damage caused by physical methods and the new rural cooperative medical care system together and opened up a wild animal to cause damage to new way of compensation from the State, which are able to improve the compensation system for the future to my country to play a role."State Compensation Law," as China's socialist democracy and legal construction of the great achievements, with regard to compensation from the State, the requirement is a historic and practical significance, "Wild Animal Protection Law" Article 14 on wild animals, compensation for damage caused by people provides relief to the interests of the parties has a positive meaning. But for some of the deficiencies which exist and we should face up to the State Compensation Law and wild animal protection law in which wild animals to cause damage to the compensation provisions of the existence of problems in the legislation should be given continuously improved.Judging from China's realities, to resolve wildlife damage compensation from the State to cause great significance, reflecting the policy of China as a wild animal protection, but also take into account the subject of wild animals against the interests of the people to continuously improve the process of modernization of China's socialist legal system, fully has demonstrated the superiority of China's socialist system, enable the country to take the road to sustainable development, coordinated development between man and nature.