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The Study On Legal Issues Of The Virulence Of Wild Animals

Posted on:2011-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2166360308471481Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
In recent years, with the deepening of the environmental protection, China's ecological resources have improved, and wildlife resources are survived and multiply. At the same time, wild animals, the phenomenon that loss of virulence caused by legal rights of citizens have occurred, due to the virulence aspects of wildlife law in the imperfect, led the injured citizens can not be timely and reasonable compensation. Wildlife as an integral part of the ecological environment, through the improvement of virulence Fangmian wildlife laws and theories, not only better protect the legitimate rights and interests of affected citizens is also conducive to the protection of wild animals, ensure ecological Xitong of re-balancing and stability. Protect wildlife and maintain the legitimate rights and interests of citizens of the relationship has become in our society, the environment an important factor in the development of a benign harmony. Purpose of this research is to find out the virulence of wild animals in China in the shortcomings and improve our legal system, rich relevant theories in order to advance the pace of China's rule of law.In this paper, a comprehensive analysis of the virulence of wild animals, the relevant legislation and related theoretical basis, comprehensive use of analysis, examples of comparative research methods such as demonstration, based on the actual situation in China and in the virulence of wild animals to live events in the lesson, on virulence of wild animals, the legislation put forward ideas to develop. First of all, from the legal system of unified and cost savings point of view on legislation, identified in the current "Wild Animal Protection Law" will be the wild animal virulence Dandu Resort to local governments on this basis to develop local laws and regulations of the legislative system, and then Wildlife Damage Liability in the nature of the orientation for the civil liability. Secondly, the reconstruction of a wild animal virulence of Responsibility, including the determination of the principles of Liability, Components, exemptions. Third, the compensation system, defined the principle of compensation is the total compensation, convenient and efficient, profit and loss balance, fault offset principle, the standard of compensation. Fourth, the relief procedure, to further regulate the compensation of administrative procedures, the obligation of the main virulence of wild animals, a review process for the first set, refinement of the review workflow. Meanwhile, the addition of a judicial procedure. Fifth, at the expense of relief funding, and establish a central government-based, non-governmental organizations supplemented by a variety of forms of reparation system by establishing a fund dedicated system, the implementation of the budget system of government property, additional compensation for statistical reporting system, the establishment of supporting compensation fund oversight mechanisms to promote the use of funds open and transparent to prevent the misappropriation of funds, misappropriation phenomenon. Then established the wild animal damage liability in a complete system.
Keywords/Search Tags:wildlife, virulence, legal obligation
PDF Full Text Request
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