Study On Wildlife Pro Tection From The Perspective Of Administrative Law

From SARS in 2003 to new coronavirus(COVID-19)in 2019,the frequent outbreaks of severe acute respiratory syndrome in China reflect the legal and institutional loopholes in dealing with major emergencies.At the same time,the causes of the two outbreaks both pointed to overeating wild animals,which fully illustrates the important role played by wildlife protection in the field of "Biological Safety",as China still retains the eating habits of wild animals,the practice of illegal fishing and wildlife trading in the country has been repeatedly banned,so the enforcement of wildlife protection has enhanced the governance capacity of the national security legal system,it is particularly important to realize the modernization of the legal system of national security.In fact,laws on wild animal protection have been enriched continuously in human society.As early as in the early 19 th century,with the rise of the animal protection revival movement in some countries like the United Kingdom and the United States,western countries began to legislate for animal protection.The legislation of wild animal protection in China started at the end of the last century,which is relatively later.Besides,China has a certain lag in the time and strength of wild animal protection,especially the endangered species.As for the above problem,the report of the 19 th National Congress of the Communist Party of China regarded the harmonious coexistence of human and nature as one of the basic strategies for upholding and developing socialism with Chinese characteristics in the new era,and proposed to resolutely stop and punish the actions of destroying the ecological environment.This declaration reflects the proper meaning for socialism with Chinese characteristics in the new era,and it is also a new requirement for the field of law to facilitate Chinese people to win the decisive victory of building a well-off society in an all-round way in 2020.Wild animals are an essential part of natural ecology,but they are facing immense survival pressure.Therefore,it is of great practical significance to explore the protection of wild animals from the perspective of administrative law.This paper will sort out and define the relevant concepts of “wild animals”,analyze the current situation of administrative law for wild animal protection in China,and comment on other countries' practices of wild animal protection through administrative laws.Furthermore,the paper considers the following wild animal protection issues,including how to upgrade China'sadministrative law system,how to enhance legal enforcement and judicial efficiency,and how to improve China's international image.This paper used literature reading,social investigation,comparative analysis as its research methods.By using the literature reading method,this paper studied the relevant literature of biology and zoology,solved the conceptual errors that often occur in the research of legislation protection for wild animals,and clarified its research object and scope.On this basis,the author of this paper further collected records concerning the legislation and protection measures of the administrative law of wildlife protection in different countries since the beginning of modern times,focused on the research of domestic and foreign scholars' comments on the legislation and enforcement of wild animal protection,sorted out and summarized the legislative content,characteristics and defects of wild animal protection in China.By using the social investigation method,this paper analyzed the current situation and data concerning wild animal protection.The author of this paper visited government departments of agriculture,forestry and environmental protection,collected the latest data on the species composition of wild animals,got familiar with these departments' regulation-making procedures as well as their functions and obligations in wild animal protection.By using the comparative analysis method,this paper compared and contrasted the wild animal legislation among domestic provinces and cities horizontally and between central governments vertically,including China and other counties.The author of this paper explored the problems existing in China's administrative law concerning wild animal protection and made a contract between China's practices and those of the other counties like the United States,Japan and Australia.Based on the above methods and discussions,this paper put forward corresponding suggestions for the improvement of China's administrative law for wild animal protection from the following aspects: the definition and the scope of wildlife protection,the upgrade of the legal mechanism of the nature reserves,the legal issues of artificial breeding system,and the compensation for the torts of wild animals.