Perfection On Biodiversity Conservation Legal Institutions In China

For the human beings, biodiversity is not only the material basis for human survival in traditional consciousness, but also has specially important ecological value, such as, protecting soil, water conservation, regulating climate, maintaining the ecosystem and so on. Biodiversity is the precondition of sustainable development and a sign of ecological civilization. The research on biodiversity conservasation is the most hot topic in today’s world.China owns rich biodiversity resources, however, biodiversity has been damaged and threatened seriously in China. Biodiversity conservation, on one hand, has conflict with social value, especially the economic value, on the other hand, although China has established a series of laws and regulations to protect biodiversity, our understanding and the established laws and regulations upon biodiversity conservation are based on the purpose of the use of biodiversity resources restrained by the concept of "anthropocentrism", which make it difficult to really protect biodiversity. So I start to study the legal problem.The article altogether divides into three chapters, the first chapter introduces the legal institutions on biodiversity conservasation, which mainly introduces the connotation of biodiversity, the value of biodiversity, the connotation of biodiversity protection legal institutions, the relationship between the law and biodiversity protection and the theory basis of legal protection of biodiversity. This chapter builds a solid foundation for the later discussions. It deals with three questions:Firstly it shows that we need to protect biodiversity; Secondly, it explains why we need to use law to protect biodiversity; Finally, it summarizes the theory of legal protection upon biodiversity.The second chapter mainly discusses an overview of the biodiversity protection legal institution in China and its defect. Firstly, it discusses the biodiversity protection legal institution in our country. In the aspect of legal form, it introduces biodiversity protection legal system and in the content level, it presents the protection towards biological species diversity, ecosystem diversity, and diversity of biological genetic resources in our laws; Then, it discusses the defects of the legal system in the form; and in the content, it discusses the defects of legal institutions in China which are established to protect biological species diversity, ecosystem diversity and biological genetic resources diversity.The third chapter analyzes the defect and puts forward some suggestions. In the form, it proposes to speed up the revision of the biodiversity protection legal institutions in China, to reconstitution legislative purpose of the biodiversity conservation legal institution and to perfect the related laws and regulations system in China. In the content, it advises that we clearly put forward the relevant concepts, and perfect the legal responsibility system; we perfect property rights protection system; we perfect the public participation system and build the public interest litigation system in biodiversity protection; we perfect ecological compensation system; we strengthen the implementation of the biodiversity protection law system in our country.