On Legal System Of China's Hunting Rights

Hunting is an important means of living, and it once played an important role in the history. At the beginning, hunting is free, without management and restriction from the government and law. The initial hunting did not affect to the animal resources' extension, but in the modern society, the international trade about wild animals and plants and their products is rampant day by day, and it causes the quantity of the wild animal resources sharps decline. Therefore, it is necessary to take some intervention and limit to the hunting behavior, various countries in succession adopt some measures to protect the wild animal resources and maintain the ecological equilibrium.Based on the protection and use of the resource, the relationship between the hunting and protection of wild animals needs to be solved. The protection of wild animals and the scientifically use do not conflict, the ecological value and the economic value of the animal resources may serve for the humanity. Under the premise that not affect the ecology, use the wild animal resources scientifically and effectively, exert their economic efficiency, it is also a value of the wild animal. Various countries award the litigant by the hunting rights under the certain scope and controlled condition, it is one of the important ways of using the wild animals. The hunting right is that the citizen, the legal person or other organization after getting the permission of the relevant national administration department, according to the legal proceedings, obtains hunting right to non-country key protective wild animals, and in the nature it belongs to the usufructuary right.In China, there is no independent legislation for the hunting rights, and the relevant law can be found in the < Wild Animal Protection Law > and so on. And there are also some problems, such as the hunting right object is ambiguous, no qualification and definition about the hunting right main body, the management of hunting license is imperfect, the hunting charge cost cannot reflect the wild animal's survival condition, the division of income should guarantee local resident's benefit guarantee and so on. At the same time during the management and practice of our hunting rights, the former examine and approve can not continue after the promulgation of the administration permit law, and the exploration for new auction way is not mature, all of these do not benefit the development of the hunting industry.Compared with the legislation and management practice of the hunting rights in world, some countries forbid hunting, but there also different situation in many countries. In these countries, the hunting industry develops like a raging fire, and it has developed into an mature industry under the hunting laws and regulations and the mature management system. In most of these countries, they standard the hunting rights though the hunting permission regulations, and there are lots of experience, such as the species, the division of hunting income, the hunting rights countrymen first and so on, they are worth us combining our country's condition and practice for reference and exploring the new hunting right legal regime, which suits our country's history and practice.Through the contrastive analysis on domestic and foreign legislation and the management practice, there are some suggestion for the hunting-right legislation in our country: Strengthen the hunting right legislation; Scientifically determine the hunting right object; Define the hunting rights countrymen first, considered that in coordination principle give the foreigner the hunting right; Consummate the hunting license administrative provisions; Perfect hunting right charge management system; Explore auction way for the hunting right, maximize the use of the wild animal resources.