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Legal Path Of Wildlife Protection Form The Perspective Of Administrative Public Interest Litigation

Posted on:2022-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:Q D XuFull Text:PDF
GTID:2506306311979959Subject:Law
Abstract/Summary:PDF Full Text Request
The Covid-19 epidemic at the turn of 2019 and 2020 has exposed some deficiencies in China’s current biosafety prevention and inadequate protection of wild animals that may cause the spread of the epidemic.The great protection of wild animals is to add a solid line of defense for social public health security.Although China has established a relatively perfect legal system of wildlife protection,there are still some deficiencies in the specific system of wildlife protection.Through the analysis and carding of the current wildlife protection system and specific cases,it is concluded that there are some problems in the current wildlife protection in China.First,there is a dispute about whether to "protect" or "use" wildlife at present;Second,the scope of wildlife protection is relatively narrow,and non-key wildlife is not within the scope of protection;Third,the traditional protection means of criminal sanctions and administrative law enforcement supervision have low judicial effectiveness,limited protection content,and pay attention to punishment after the event and ignore prevention before the event,which is difficult to achieve the purpose of ecological restoration and wildlife protection.In view of the existing problems in wildlife protection,in addition to making up for the original shortcomings,we should summarize the excellent cases in practice by means of comparative analysis and empirical research,and explore new ways of protection and improvement.Firstly,it explores the necessity and feasibility of administrative public interest litigation in the field of wildlife protection to provide a legal and practical basis for the protection of wildlife by administrative public interest litigation.Secondly,according to the characteristics of "long cycle and difficult execution" of wildlife resource destruction cases,the specific content,performance period and effect evaluation of the pre-trial inspection suggestions are analyzed and discussed.Finally,in view of the characteristics of ecological harm in cases of wildlife resource destruction,the administrative and civil public interest litigation not only pays attention to the punishment after the event,but also takes into account the compensation of damage and the restoration of the ecology.
Keywords/Search Tags:Wildlife protection, Empirical analysis, Administrative Public Interest Litigation, Path analysis
PDF Full Text Request
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