Research On The Compensation Of Wildlife Damage In National Parks

Since the implementation of the National Park pilot project in China,the habitats of wild animals have become more and more integrated,and the population of some rare and endangered wild animals has increased significantly.It can be seen that under the national park system,wildlife habitat and biodiversity can be effectively protected.Between the production and living areas of human beings and national parks,due to the existence of adjacent or overlapping,there are frequent incidents of wildlife damage in national parks.Citizens have the obligation to protect wildlife in national parks,but their legitimate rights and interests in person and property should also be protected.Through the national park wildlife damage compensation system,we can make the injured get fair and reasonable compensation.At present,China has started the revision of the wildlife protection law and stepped up the legislative work of the National Park Law.Qinghai Province and Hubei Province issued the corresponding national park pilot protection regulations to improve the legal basis for the national park wildlife damage compensation system.However,it is found that the compensation system for wildlife damage in national parks needs to be improved.In order to help the injured get better relief,the following parts are carried out by using the methods of literature analysis,comparative analysis and case analysis,and some suggestions are put forward to perfect the compensation system for wildlife damage in national parks.The introduction part is to introduce the research background and significance.Through combing the literature,it is found that scholars have done some research on how to prevent and control the harm caused by wildlife in national parks,but mostly put forward suggestions on technical prevention and control.Therefore,the innovation of this paper is to study the compensation system of wildlife damage in national parks from the perspective of law.The first part is an overview of the compensation system for wildlife damage in national parks.First,it defines the definition of national parks and analyzes the difference between national parks and nature reserves.Second,it clarifies the definition and characteristics of wildlife in national parks.Third,determine the definition and nature of wildlife damage in national parks.Fourth,it outlines the theoretical basis of the compensation system for wildlife damage in national parks.The second part is to summarize the current situation of national park wildlife damage compensation system by consulting relevant laws and sorting out the research results of scholars,which is embodied in six aspects: first,existing relevant laws and regulations;second,national park wildlife damage compensation organ;third,the requester of national park wildlife damage compensation;fourth,the scope of compensation for wildlife damage;fifth,the way of compensation for wildlife damage in national parks;sixth,the specific procedures of compensation for wildlife damage in national parks.The third part is to put forward six problems in the compensation system for wildlife damage in national parks in China: first,the relevant laws and regulations are not perfect;second,the national park management agencies have not obtained the management authority of compensation for damage;third,the scope of compensation for wildlife damage in national parks is not comprehensive;fourth,the loss scope of compensation for wildlife damage in national parks lags behind;fifth,The compensation method of wildlife damage in National Park is not perfect;sixth,the compensation procedure of wildlife damage in National Park is not perfect.The fourth part is that through the compensation practice experience of the United States,Nepal and India,we can get three inspirations to improve the compensation system of wildlife damage in national parks in China: first,the compensation amount should be fair and reasonable;second,the compensation procedure should be efficient and convenient;third,Third,prevention in advance should be taken seriously.The fifth part is to put forward suggestions to improve the compensation system for wildlife damage in national parks: first,to improve the relevant laws and regulations of the compensation system for wildlife damage in national parks;second,the national park management agency should be the compensation obligation organ;third,to add the situation of compensation for wildlife damage in national parks;fourth,to update the loss model of compensation for wildlife damage in national parks;fifth,to improve the standards and methods of compensation for wildlife damage in national parks;sixth,to improve the specific procedures of compensation for wildlife damage in national parks.