Research On The Compensation System For Wildlife Damage

In recent years,with the development of national ecological civilization construction and the progress of wildlife protection,the number of wild animals has increased,but the number of human damage caused by wild animals has also increased.Although China's "wildlife protection law" and other laws and regulations stipulate that citizens who suffer losses as a result of such incidents can apply to the local government for compensation,the compensation work in practice has not been put in place,making it difficult for victims to obtain effective relief for their rights.In terms of the current situation of legislation,the legislation at the national level only uses a simple provision to make a principled provision on the liability subject and compensation scope of wildlife damage compensation,and at the same time,there is still a lack of a special regulation to restrict the compensation for wildlife damage in China.There are some problems in local compensation methods,such as lagging legislation,unclear main body of compensation responsibility,too low compensation standard and too narrow compensation scope.From a theoretical point of view,China's academia has not yet reached a unified conclusion on the legal attributes of the wildlife injury compensation system,and there are currently three mainstream theories,namely,"tort liability theory","administrative subsidy theory" and "ecological compensation theory".But this paper argues that,compensation for damage caused by wild animals belongs to a comprehensive problem,the above three theories cannot completely cover the content of the compensation for damage caused by wild animals,The special administrative compensation is not only more reasonable in theory,but also can better realize the purpose of making up for the rights and interests of victims,protecting wild animals and maintaining social peace and stability in practice.In view of the current problems in the compensation system for wildlife injury in China,this paper believes that in order to optimize this system,it is necessary to clarify the basic principles of compensation,the main body of compensation responsibility,the proportion of investment,the scope of compensation and specific conditions,establish clear and fair compensation standards,and optimize the compensation procedures.In addition,the introduction of commercial insurance compensation model can help alleviate the problem of insufficient government compensation funds,and greatly improve the efficiency and professionalism of compensation work.