Research On The Compensation System For The Damages Caused By Wildlife

With the deepening of wildlife protection,many species have been significantly restored.At the same time,in some areas,due to the close activity range of human and wildlife,wild animals destroy crops,prey on livestock and other events occur frequently and occasionally.Wild animals will also even attack people.The problem of the damages caused by wild animals has become an impediment to the smooth advancement of animal protection work.In response to this problem,the damages caused to wildlife caused by Law of the People's Republic of China on the Protection of Wildlife and its implementing regulations are compensated by local governments.This law compensates for the harm caused to wild animals.The system has only made principle provisions,and the specific implementation measures have been handed over to local legislation.To date,only certain areas in our country have formulated special compensation methods,and the provisions of these compensation methods are also uneven.Therefore,it is necessary to study and analyze China's wild animal damage compensation system and make suggestions for improving the system.The full text is divided into five parts.The first part discusses the conceptual definition of wild animals and the concepts and characteristics of wild animals causing human damage.By enumerating and comparing domestic and foreign legislation and academic definitions of wildlife,the concept and scope of wildlife are determined.Discuss the concept and characteristics of the harm caused by wild animals,and explain the special difficulties faced by the relief of wild animals.The second part discusses the legal nature and theoretical basis of the liability for compensation for wild animals.By comparing domestic and foreign legislation and judicature,and analyzing the definition of the nature of compensation responsibilities of scholars.This paper believes that the damage compensation for wildlife has the characteristics of administrative compensation and ecological compensation at the same time.Its theoretical basis is in accord with ecological compensation theory.Ecological compensation theory can provide guidance for the establishment and improvement of the compensation system for wildlife in China.The third part summarizes the existing problems in the compensation system for human-induced damage caused by wild animals in China.These problems are mainly caused by the inadequacy of national legislation,including the unclear elements of the damage compensation liability,the wide range of damage compensation and compensation standards in different areas,the long compensation period in some areas,the single source of compensation funds,and the single compensation method.The fourth part enumerates and analyzes some domestic and foreign practical experiences in relieving the damage caused by wild animals,and points out some problems that should be paid attention to in the process of designing and implementing the harm compensation system for wild animals.When formulating compensation plans,cost-benefit should be taken into account,and attention should be paid to the incentive effect of compensation to relatives.A good compensation system is not only an effective remedy for the rights and interests of victims,but it should also be able to promote the smooth implementation of wildlife protection.The fifth part puts forward some suggestions for improving China's wild animal damage compensation system.First,it explains the basic principles that should be followed when building the system.Secondly,several concrete suggestions are proposed,including perfecting laws and regulations,clarifying the constitutional elements of compensation liability,trying to establish funds and insurance,trying different compensation methods,and enhancing the residents' sense of identity in protecting wild animals.