The Research On China's Prevention And Cure Alien Species Invasion In Legal System

Alien species can bring huge economic benefits but may cause serious ecological destruction either. Since the1980s, China's alien species invasion problem has becoming increasingly prominent, and become an important problem that need demand resolution. Alien species invasion control legal system construction is an important way to solve the alien species invasion problem. China's alien species invasion control legal system in force has many defects.Such as the related unscientific legislation, limited adjusting range, lack of specific legislation and the unsound management system, concrete system and legal responsibility and so on, made the system lags behind the biological diversity protection practical needs in our country.From the global perspective, United States, Japan, New Zealand is the forerunner of the prevention and control of alien species invasion legislation. Among them, the legislative model of Japan, the United States of management system, New Zealand advanced system is worth using for reference. In addition, the local alien species invasion prevention legislation in our country not only has fruitful achievements but also has played a catalytic role for the whole nation. For example, on October the first,2011, the implementation of the Hunan exotic species management regulation serves as pioneer of our country's alien species legislation in China, from introducing, monitoring, prevention, supervision and management, legal responsibility and so on, detailed regulations has been made to prevent and control alien species, the pertinence, operational and feasibility and taste, for national guidelines to exotic species of relevant law has accumulated valuable experience. Interesting, the article4of the "exotic species management department to establish and perfect the system of joint conference" can effectively change in the past exotic species management information communication, management diversification, and authority of the cross malpractice, perfect our country for prevention and control of alien species invasion management system has important significance. Article8the "exotic species classification management system" in foreign species into licensing, prevention, supervision and management and legal responsibility plays a basic role.Combine foreign legislation with our local legislation experience and the fact of our country alien species invasion, our country alien species invasion prevention legislation should change the legislation idea, clarify the purpose of legislation, establish alien species invasion of the prevention and control of basic principle, construction of the unified coordination management system, establish comprehensive prevention and control of alien species invasion technical standard system, invasive species sales market law enforcement system, control search exotic species of public participation mechanism, the alien species invasion of monitoring and warning mechanism, the alien species invasion of the emergency treatment and cleaning system, and constantly improve the exotic species risk assessment and the administrative licensing system, invasive species list and inspection and quarantine system, alien species invasion of the legal responsibility mechanism, revising "environmental protection", the formulation of related articles of prevention and control of alien species invasion core of law, administrative regulations, encourage prevention and control of the local legislation exotic species. For the effect to the alien species invasion, maintaining ecological balance and protecting biodiversity provides the powerful legal protection.