Research On The Legislation For The Precaution And Control Of Biological Invasion In China

The biological invasion is the phenomenon that external species whichhas established the population in the nature or half natural ecosystem,than give local ecological system or landscape cause apparent damage orinfluence,change or threaten the local biodiversity exotic species.Withthe global economic development and increasing of internationalcommunication,foreign species becomes increasingly intense.Biologicalinvasion not only threaten the biological diversity and the ecologicalenvironment,but also threaten economic development and harm human bodyhealth.Through discussing the basic meaning, channel， characteristic（gradualness,latent, gravity,multiplicity,and selectivity）and damageof biological invasion，This article proposes that it is necessary tosynthesize various opinions (which form environment science, the socialreality and the ecology law)when we define “the biological invasion”in law. And the article point out China is one of the world’s most serious country which effected by the biological invasion. In China,thebiological invasion of the legal study started fairly late, and the legalsystem is not perfect as well.Therefore, this article introduce the biological invasion law inother countries(such as the US, Japan and New Zealand),to analysis theexperience and the lesson. This article believed that, it is importantto make a basic law of biological invasion.The law must have six aspectsof contents. First, give definitions of the relative legalconceptions(such as “biological invasion”) Second,clear thelegislative purposes and legislative spirit. Third, strengthen basicprinciple. Fourth, improve the law system. Fifth, clear legalresponsibilities. Sixth，improve the management system.This article emphasize that, define “the biological invasion” asa legal concept,is the foundation of the biological invasionlegislation.And it is the synthesis reflection of environmentalscientific level, the social reality and the environment legislation law.Therefore, we must define“the biological invasion” comprehensive,accurate and practical in the law. And make a perfect and effective legalsystem to prenvent and control the biological invasion.