On The Control Of Invasive Alien Species, The Legal System To Establish

The earth has provided the environment for human to live in and biodiversity is both an inalienable part of this environment and a right the earth is entitled to. We cannot imagine what the earth would be like without biodiversity.During the past two centuries, the rapid progress of human society has caused dramatic changes to biodiversity. Alien invasive species has become a major factor to affect biodiversity, which is even of significance to the biological and economic safety of one country. People have begun to pay more and more attention to the issue of alien invasive species. Alien invasive species, which have been neglected by the legal society for a long time, now also become one of the hot issues of international community.The Convention on Biological Diversity, which was passed by the United Nations Environment and Development Conference in June 1992 in Brazil, represents the consensus of international community on this issue. From that time on, other countries have successively taken measures to address the issue of alien invasive species. However, China does not have an independent law to address this issue of alien invasive species so far while some fragmentary regulations are included in other laws and international conventions which China is committed to abide by. This thesis intends to provide some insights on the establishment of China's legal framework on alien invasive species from the prospective of biodiversity.The author herein conducts a systematic research on the issue of alien invasive species by way of such methods as comparison and induction and provides her suggestions based upon summarizing previous research work of others. This thesis explores the issues as follows:First, this thesis provides a historical overview of species translocation and summarizes the contribution of species translocation to biodiversity while alien invasive species have been introduced as a byproduct of species translocation.Second, this thesis provides an overview of the concept and characteristics of alien invasive species, its channels and harms, and its status quo in China. Based upon a systematic introduction of international legislature experience, this thesis highlights the most important points in the relevant legislations of the developed countries.Third, by way of a comparison with the relevant legislations of other countries, this thesis provides an analysis of the deficiencies in China's existing laws and regulations on alien invasive species. In view of China's national characteristics and economic development level, this thesis initiates some specific proposals with regard to China's future legislation including both legislation principles and corresponding rules and regulations.The originalities of this thesis lie in:First, this thesis conducts a research on a legal issue by way of comparison and induction. Based on a historical overview of species translocation and international legislation experience on alien invasive species, this thesis explores the legislation methods of other countries and their insights for China.Second, this thesis will not be restricted solely to a research on legal theory but also explores the issues of alien invasive species from the prospective of biodiversity. By way of detailed analysis of the legislations of other countries and reference to a huge amount of true data, the thesis endeavors to reach a sound conclusion.Third, this thesis aims to provide insight for the perfection of China's relevant legislation. Based upon comparison and case study of the relevant legislations of other countries, this thesis points out the deficiencies in China's existing laws and regulations and proposed specific legislation initiatives.