On The Legislation Of Alien Invasive Species

With the fast development of international trade, project, tourism and transportation, all kinds of natural barriers that isolated the natural migration of the species have been broken. Alien invasive species has become a global environmental problem. Our country is rich in the biological diversity, but is also suffering serious hurt from alien invasive species. It costs thousands of billion loss of economy and causes the enormous damage to ecological environment in our country as statistics show. Nowadays, preventing and controlling the alien invasive species has already become an important issue in the area of the biological diversity protection and environment sustainable development in our country.Human's actions need the direction of idea, but under the traditional idea of environment protection, the way of developing seriously threaten the survival of human beings. Human's actions even need the restriction and legal protection, but the legal which established on the basis of the traditional idea, now can't deal with the massive invasion of alien species.The sustainable development notion says that man should live with nature harmoniously, which has been the important guideline for the environment and development in the ecological society. Therefore, with the direction of the notion, the researching object of this essay is how to solute the alien species invasion problem that becomes more and more serious in our country from the angle of law.In the first part of the essay it introduces and compares the relative concepts of alien invasive species from different countries and international organizations, and considers the"ecology system"and"human's actions"should be the legal standards to distinguish the"alien", also considers the might or already loss as the judgment of invasive. After introducing the pathways of alien invasive species, in this part it talks about the characteristics of the invasive species and introduce much influence from invasive species such as destroying native biological diversity, threatening human health and development of society.In the second part of the essay it compares and analyzes the international and foreign legislation dynamic states concerning the alien species invasion. On one hand, it concludes the achievements and the problems of the international legislation practice; on the other hand, it concludes the legislation characteristics of some representative countries, such as America, Australia, New Zealand, Argentina, Japan etc. At last, it points out the orientation of perfecting the legal on the alien invasive species in our country.The third part, it points out our country has been seriously invaded, because of the problems of the actual legislation, we can't essentially solve the problem of alien species invasion. The problems of legal purpose, basic principle, legal system and content now become the biggest block on preventing and controlling the alien invasive species in our country.The forth part is the main body of this essay and it thinks over the actual problem of the legislation of preventing and controlling, learn the experience from other countries, finally it suggests that with the purpose of protecting biological diversity, ecological environment and human health, promoting the sustainable development of society and economy, such basic principles must be abode by as precaution principle, introducer burden principle, cooperation principle. Establish an integrated legal system concerning alien invasive species, including the preventing and controlling alien invasive species law as the core, other regulations as the complement. Environmental risk assessment system, permit system, inspection and quarantine system, monitor, alarm and emergency disposal system, supervise system and etc. should be well regulated. Thereof, it comes into being a preventing and controlling alien invasive species legal system, which is from origin to end.