The Research On Administrative Compensation For Damage By Wild Animals

In recent years, with the emphasis on ecological issues, the government has strengthened the protection of wild animals. At the same time, wild animals caused damage events where they hurt and destroy living facilities continue to increase. The contradiction between humans and wild animals becomes intense. Therefore, how to guarantee the safety of the personal property protect withing protecting wild animals at the same time has become very important. Although China has initially established the administrative compensation system for wildlife caused damage, the system is far from perfect. There are many problems related legislation. The virulence aspects of wildlife law is too fuzzy to be operated. Specific implementation details are being handed place to develop specific remedies in an authorized manner. However, there are so many difference in economic development, legislative technique and thinking and understanding that they are in terms of compensation, the amount of standard methods and administrative aspects of the application process. Even in some places simply do not develop remedies. The right of victims of wild animals incident has been ignored, which is unfair. Therefore, the improvement of the law has important significance.Through the analysis of the concept classification and characteristics of wild animals and the damage of wild animal and the legal nature of damage of wild animals, I get to the conclusion that it applies Administrative compensation. I focus on the analysis of administrative compensation for damage of wild animals and the basic contents and legal basis. Through comprehensive research and analysis the current laws, administrative regulations or local rules and regulations, I find out the lack of legislation, and ascertain basic principle of compensation and propose the corresponding perfect measures. Then I target recommendations: in terms of compensation applicable condition, I get the components of the proposed relief; in terms of compensation funds, I just put forward a series of measures to rich sources of funds, clear the compensation standard and elaborate the application of corresponding compensation program; inn the aspect of judicial relief, puts forward the compensation dispute can put forward to the administrative litigation.