| As the attention to the ecological environment, the problem of human invasive species has become a hot issue of the international community. As one of the countries largely suffer from the issue, our country has attached great importance to it and has taken relevant measures. In the field of the researches in Invasion Biology, the theories about invasion mechanism, risk assessment and early warning technology in our country have made remarkable achievements. However, the most effective means to solve the problem of alien species invasion is still a scientific management mechanism, at this point, we have a lot insufficiencies to improve. As a socialist country, all of the management system must be established upon the legislative system, law is the foundation of all management system. Therefore, this thesis focuses on and does researches on the basic situations about biological invasion in our country, present situation in legislation, existing problems and solutions.First of all, the thesis introduces what is biological invasion, the origin of biological invasion, the development of related subjects, the theoretical hypothesis about the emergence the of biological invasion and its various influences. This part is an introduction part according to some reference to the relevant documents and writings.Secondly, the distribution of alien species in China is listed out by various materials, which falls into three categories--plant, animal, microorganism and is divided at provincial level. Thus it can be concluded that alien species invasion in China mainly presents the following four characteristics:First, alien species are widely distributed as they are found in all regions throughout the country. Second, many ecosystems are involved. There are alien species in almost all of the ecosystems, such as forest, grassland, urban residential. And the situations of invasion in eastern coastal regions and tropical islands are most serious. Third, many types of species are involved, vertebrates, invertebrates, fungi, bacteria can all be found in the exemplifications. Fourth, it presents a trend of spreading gradually from east to the central and western regions.Invasive species management strategy through legislation and norms are the general practice in developed countries, by especially emphasizing the legal norms of all the processes of alien species*introduction, test and transfer, etc. Therefore. the author compared the international community with major countries responding to invasion of alien species management strategy. As early as1950s of last century, the harm of alien species invasion has caught the attention of the relevant countries and regions. Some countries reached a consensus, and they all agreed to effectively prevent and manage invasive species by international cooperation is very necessary. The landmark event truly giving rise to worldwide concern and substantive measures is the United Nations Conference on Environment and Development held in Rio de Janeiro in1992, after which the Convention on Biological Diversity was signed, CBD is currently the only international convention covering all relevant contents about invasive alien species. The Convention passed on the guidelines of preventing bringing in invasive species posing threat to ecological system, habitat and species and reducing the influence, the guidelines provides a unified model for countries to build perfect control system against invasive species. From international level, it is difficult to form a binding legal document, this is bottlenecks and common failing of international law aiming at developing in all areas, but in the domestic level, many national legal systems of invasive species have been very sound. In the United States, based on the National Invasive Species Act, the relevant industry legislation and state legislation, as well as strategic supplementary legal system has been formed. As to the management system, the establishment of the National Invasive Species Committee, the leadership and coordination of the transaction on the invasion of alien species in the country, make responsibilities of the various administrative departments clear and the operation of the administrative machinery efficient. While in Japan, the special law of The Invasive Species Act was issued, which covers all the contents relating to the alien species invasion. This law is highly specialized. According to the law, Japan has formed comprehensive management systems on early detection, rapid response, the administrative licensing, control and eradication etc. Comparing with the United States, Japan the law divides the invasive species into three types in the process of management, it is its characteristic. The benefits of this approach is reducing the invasion risk of unknown species by not mechanically carrying out the management in accordance with the existing list of invasive species. Based on the comparison and analysis of the relevant national legislation and management of alien species invasion problem, the thesis summarized the advanced practice in various countries, and thus offered better reference for the borrowing and transplantation of the practice.Finally, the thesis introduces our existing invasion legislative status and management system against alien species, discusses the problems in this field and proposes countermeasures. Alien species invasion in China does not directly embody in the existing law, and it is only involved in other laws and regulations. Our country has not really formed a complete legal system about alien biological invasion, which directly leads to the situation of lawless in many aspects. From the perspective of management system, the insufficiencies mainly involve decentralized management of invasive species, the lack of contact and unified scheduling between the various departments, which have different departments in the management system, may cause cross management and ambiguity of power and duties. Therefore, although each department have clearly aware of the seriousness of the problem of alien species invasion in China, but the lack of a long-term mechanism of unified mechanism results in a state of disorder in administrative management. Then, from a legislative point of view, a core law of alien species invasion as the basic law of the legal system should be promulgated, from which the introduction of a number of specific regulations, as well as industry regulations, local laws and regulations ought to choose, which is basically consistent with the features of the legal system of Socialism with Chinese characteristics. From a the legislative technical perspective, this basic law should contain legislative purpose, definitions of terms, monitoring and risk assessment, administrative licensing, control and removal, international cooperation, public education, public consciousness of participation and legal responsibility etc. From the perspective of innovation of management system, this thesis figures that a coordinating agency should be established beyond central administrative department, the agency’s responsibilities include the following contents:the formulation of the strategic plan, the release of information, the monitoring network management, the formation of invasive species specialist group coordinating the various administrative departments to carry out specific works. Under the background of building of socialism in our country, to solve the national administrative affairs guaranteed by law is an inevitable trend, therefore, to establish a legal system of alien species invasion with Chinese characteristics is the best way to solve this problem. With the establishment of the legal barriers and the improvement of the administrative system, invasive species will be well controlled, so as to protect the ecological environment, biodiversity maintenance, as well as to achieve the grand goal of sustainable development of human. |
