Study On The Compensation System Of Human Damage Caused By Wildlife In China

In recent years, the concept of harmonious development of human and nature is constantly strengthened. Our country pay more and more attention to the protection of the environment and natural resources, and human beings can not make the development on the basis of damagement to the environment. With the introducing of “People’s Republic of China Wild Animal Protection Law” and “the People’s Republic of China land life Wildlife Protection in the Implementation of the Introduction of Regulations “, people pay more attention to the protection of wildlife,improving the state of wildlife resources. But with the growth of the wildlife populations, resulting in the damage events caused by wild animals. Virulence of wildlife not only to suffer damage brought incalculable property loss to the victim,but also brought hidden trouble to the safety of the person, making people lose enthusiasm to protect the wild animals. At present, “Wild Animal Protection Law” of China make compensation provisions of comparison principle about wild animals causing damage, and only a few individual provinces introduced specific wildlife remedies about wild animals causing damage. In this way, in it is actually difficult for the victims to obtain compensation about the damage caused by events. Therefore,it is necessary to give the victims compensation in time. First, the range of wild animals is discussed, which specifically means that wildlife, living in the habitat of the natural environment and surviving in the wild, is not in the control of human beings and protected by the State. Through the discussion of the nature of the wild animal virulence, the author draw a conclusion that wild animal virulence is only a virulence, which is not in the range of infringement. Therefore, national compensation is the most reasonable way of wild animal virulence. Secondly, the existing compensation system of wild animal virulence is discussed. Through introducing the wild animal virulence compensation system from the body, scope,standards and procedures of the damage compensation, the author point out the main problems of the compensation system. Finally, according to a series of existing problems of wild animal virulence compensation system, the author put forward corresponding suggestions: constructing the principle of the wild animal virulence compensation system, including principles of efficiency and fair compensation.Under the guidance of the two principles, the author proposes add "three" wild animals into the range of wild animal virulence compensation, clear the main body of wild animal virulence responsibility that the central government should bear the main responsibility of wild animal virulence and the local government to assume the secondary responsibility for wild animal virulence, improve the standard of compensation for damage and the compensation process.