Research On Compensation System For Wildlife Damage

With the expansion of human society and increasing awareness of animal protection,the contradiction between human beings and wildlife is becoming more prominent.The number of incidents of personal and property damage of citizens caused by wildlife has gradually increased,which has become an obstacle to the harmonious and stable development of society.Therefore,the relevant provisions from China's Wildlife Protection Law has provided the legal basis for the settlement of such incidents,but there are still loopholes and deficiencies.In order to make up this loophole,many local governments have also formulated corresponding compensation methods based on actual local conditions in recent years,but application of the compensation methods has regional limitations,and cannot fundamentally solve compensation caused by wildlife damage.In view of above issues,this paper will combine the existing laws and regulations at home and abroad,views of experts and scholars and related cases for analysis and investigation,and put forward reasonable and practical suggestions for the compensation of wildlife damage.Starting from wild wildlife in the field and wildlife in nature reserve,this paper includes five parts: including summary of compensation system for wildlife damage,present situation of compensation system for wildlife damage,advanced experience of the compensation system of wildlife damage in abroad,existing problems and suggestions in the compensation system of wildlife damage in China.The first part is the summary of compensation system for wildlife damage,which makes clear the object of this paper,that is,the relief of human or property damage caused by organisms that live in the wild or primitive areas and have not been domesticated by human beings.The present situation of wildlife damage and the necessity of adequate compensation are the research value of the topic.The second part is the analysis of compensation system of wildlife damage,including legislation and main contents.The revision of the Wildlife Protection Law in 2016 has made a breakthrough progress in the source of compensation fund for wildlife damage.The third part refers to the compensation system of wildlife damage in China.At the present stage,there are some problems for the national government to use fiscal funds to partially compensate loss of citizens caused by the national and local key protected animals,such as narrow compensation scope,unclear compensation subject,single source of funds,and low compensation rate.The fourth part is an overview of the advanced experience of wildlife compensation in the United States.The classification of wildlife is conducted in the United States in this system.The classification of wildlife in compensation is not limited to classification methods of key and non-key animals.The foundation set up by the United States federal and charitable individuals or organizations is regarded as the subject of obligation to solve the source of funds and remain the mandatory,which is worthy of our country's reference.Combining with advanced experience of the United States and the development rule of the market economy,the fifth part puts forward perfect suggestions for the compensation system of wildlife damage.Damage caused by wildlife under special protection in the field,wildlife with important ecological,scientific and social value under state protection as well as other wildlife that are not under special protection shall be fully compensated by the provincial people's governments by means of financial expenditure and compensation insurance.Besides,specific relief procedures shall be formulated.The damage in nature reserve is only different in the relief subject,which needs to be compensated by the forestry department and the government at the same time.