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According To Legal Relief Of The Damage Caused By Wild Animals Research

Posted on:2017-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z LuoFull Text:PDF
GTID:2336330503965907Subject:Law
Abstract/Summary:PDF Full Text Request
In the past few years, our country have intensified the research of environmental resources. Being an important part of environmental resources, wild animals are of great value for researchers. However, in the process of wildlife and natural resources protection, incidents that wild animals hurt people or cause damage to people happened frequently. So the attempt of what we should do to balance the wildlife protection and at the same time giving better safeguard of people's vital interests urges us to begin with the relevant laws and regulations, enforcement management, and system construction in dept-discussion and research. At present, the relief issues of wild animals causing person damage, etc., only in the wildlife protection act and some provinces' local laws have few relevant regulations, while the most local governments have no concrete feasible measures for its implementation, which causes the victims can't get reasonable compensation in time. Thus, researches of the present dilemma in the legal remedy of wildlife causing damage, and analysis in improving countermeasures and putting forward legislative proposals have an important role in safeguarding the legitimate rights and interests of victims and giving more reasonable protection to wild animals. The full text shall be illustrated altogether from four parts:The first part, the illustration to the overview of legal relief in wild animals causing person damage. This part mainly discuss the contrast research between the concept of the wild animals at home and abroad. Wild animals in this paper include those that local and national priority protective wild animals, and those of scientific research value, economic value and beneficial wild animals, which have always brought people more damage in practice. And then it'll elucidate the essence of wild animals causing person damage, and its several prevalent theories at home at present.The second part discusses the present legislation situation and the dilemma in legal relief of wild animals causing person damage. In fact, there are many problems in this relief legislation. While country are the owners of wildlife resources, however, it can't get wild animals causing person damage in control. So in order to let the victims get reasonable relief, it is of great importance to have unequivocal relief measures. The current relief system of our country has many shortcomings, only by further defining damage relief measures and its main body can we truly implement relief, establish a mechanism to seek reimbursement for the impaired.The third part illustrates the foreign legal relief's practice of wild animals causing person damage and its enlightenment value for our country.The fourth part illustrates the improvement of legal relief of wild animals causing person damage. To explore a more fair and reasonable relief system, to explore present relief situation at home and abroad, to put forward "the principle of full compensation" and "classified compensation relief mechanism to fully compensate the impaired is the basic purpose. The fourth part, the article explains the perfection of legal relief. In addition, the loss of the compensation scope including the impaired' direct economic losses, indirect economic losses and personal losses. At the same time set up corresponding insurance system and fund system wild animals causing person damage.
Keywords/Search Tags:Wildlife animals, Wildlife animals damages, Classification compensation, Full compensation
PDF Full Text Request
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