The Legal Analysis On Biological Invasion

China is the country with both land and sea, vast in territory and developed in transportation. With economic development, the alien species enter into our country through many channels, such as trade, travel and transportation, etc. Among them, quite a few have caused biological invasion, which caused economic loss of more than tens of billions Yuan every year and endangered the ecological environment seriously. The biological invasion has become the top three problems affecting bio-diversity along with the loss of animals and plants' eco-environment and global change. Biological invasion has evoked the extensive attention from personages of various circles, who propose many kinds of solutions.This thesis aims at solving a series of problems caused by biological invasion by law. Based on the natural science study about biological invasion, this thesis analyzes how the human behavior influences legislation, and proposes that we should take it as the legislative foundation of biological invasion. On the basis of advocating international cooperation, summarizing regulations about biological invasion in the international legal document and taking the legislative experience of other countries, such as USA, Australia, for reference, this thesis put forward the legal frame about biological invasion in our country in three levels: constitution, environmental protection law, precaution against biological invasion law. On one hand, this thesis gives suggestions about biological invasion legislation in constitution and environmental protection law. On the other hand it emphatically appeals for making the law of single file on precautions against the biological invasion. According to the characteristic of every biological invasion course, the different periods and different ways of biological invasion, the system of the single file adopts different laws and regulations, including quarantine information management, management of water ballast, risk precaution, and administration permission etc. This thesis emphasizes setting up criminal, civil and administrative responsibility mechanism to prevent biological invasion and proposes that we should take comprehensive measures, such as compulsory insurance, mortgage, regulatory tax, to solve the problem of responsibility about biological invasion.In addition, this thesis puts forward the legal suggestion on special biological invasion, especially the biological invasion in the fragile ecosystems, such as nature reserve, and in Beijing area that will hold the Olympic games soon and the biological invasion of modifying living beings of organism (including transgenosis).