A Study On The Auction Measure Of Confiscated Products Of Wild Plants

The legislation is not yet sufficient for wildlife conservation, and is hard to effectively depress the illegal trading, smuggling and poaching of endangered wild plants. With recently improving law enforcement, the quantity of confiscated wild plant products is increasing rapidly. The lack of proper measure to treat with these forfeitures is a restricting factor of law enforcement. Plant products confiscated are usually derived from world-wide sensitive species. Improper treatment not only leads tO conflicts of standing laws, but also results in the loss of national asset. In contrast, proper treatment will reduce the difficulties of conservation, management, law enforcement and abate the pressure of illegal trading and Traditional Chinese Medicine on plant resources. Meantime, treatment of confiscated plant products is also an important approach for raising money for the wild plant protection and management.There are three international practices to deal with the confiscated wild plant products, including donation, devastation and seal-up. China does not have normative management process for this aspect, but existing international practices are not suitable for the present status of wild plant resource and protection in China. Commercial treatment is widely concerned and very sensitive. The auction was a way most suitable for China. The advantage of auction may create a new circulation channel for these products in a principle of "Open, Fair, Just", and optimize resource collocation to important fields and industries, such as the Chinese traditional medicine, that suffer from the lack of plant resource. Meantime, auction is also a way to implement administrative measures of appointed place, appointed direction and appointed quantity for achieving maximum value of wild plant resource. Previous auctions in treatment of confiscated ivory has raised up a series of policies, regulations and mechanism of market access, which can lend experience for plant treatment.This paper focus on the application and feasibility of auction mechanism to the treatment of confiscated wild plant products. Some problems related to auction were discussed respectively, which were how to sign the contract of authorization for auction, how to fix on the date and place of auction, the date and way of object preview and notice of auction, the qualification of bidder and auctioneer, and how to hold the auction, and then some advise were given on the payment of commission and purchase price after the auction, transacting the procedure of transport (toting), and other subsequent things. An executive plan was studied out for the root carving of yew confiscated in Shangrao, Jiangxi Province. A propositional Draft for Wild Plant Product Auction of State Forestry Administration was given out, in which the detailed enforcement regulations for pre-auction, auction, post-auction, and the legal responsibilities were exhaustively regulated.