Discrimination Of Wild Animals And Objects

As an important natural resource,wildlife has economic development value and irreplaceable niche as an ecological element,so its legal status is special.However,the civil legal norms and the special law on wildlife protection are lack of understanding and protection.At the same time,the concept of wildlife and things is not clear,the relationship is not clear,which affects the top-level system design of civil law and wildlife special law in the process of wildlife protection.Based on the different understanding of article 90 a of the German civil code,there are three influential theories about the understanding of the relationship between wildlife and objects in the academic circle,which are the wildlife subject theory,the wildlife matter theory and the paradigm of subject and objects theory.None of these three views can accurately describe the relationship between animals and objects.This article only denies that animals belong to "common things" in property law,and does not deny that animals are the object of property law.Compared with the general "objects" in civil law,wild animals have the special characteristics of ecological protection value,ethical care value and public welfare,which makes the protection of wildlife can not only rely on the civil law as a unique legal department.When discussing the use and ownership of wildlife in civil law,we can regard wildlife as a special object.When we research the problem of wildlife protection,we should analyze the environment faced by each species and population,and pay more attention to the ecological law when we make policy and legal system.Analyzing the theoretical and practical difficulties of the theory of state ownership of wildlife resources from the dynamic perspective,it is impossible to directly conclude that individual ownership of wild animals belongs to the state.Therefore,it is necessary to introduce the concept of "wildlife products" as a bridge to build the ownership of wildlife.The theory of property right of natural resources in western countries and the theory of natural resources grabbing right in China lay the foundation for the introduction of the concept of wildlife products.The natural person can obtain the corresponding ownership of wildlife products through the behavior of wildlife resources grabbing.The innovation of the wildlife special law should start from the transformation of the concept of wildlife,increase the coverage clause of the general wildlife protection,implement the system of updating the wildlife protection list,and enhance the emphasis on wildlife biological safety.At the same time,we need to deepen the ecology of traditional laws,especially civil law.On the one hand,we should re understand the state ownership of wild animal resources,and make clear that natural persons and units can become the appropriate subject of the ownership of wild animal products.On the other hand,we should make clear that the hunting right is a special right to acquire the property right.