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Research On The Legislative Perfection Of Wildlife Protection Law Under The Background Of Ecological Security

Posted on:2022-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:W Y CuiFull Text:PDF
GTID:2506306485959799Subject:legal
Abstract/Summary:PDF Full Text Request
The construction of ecological civilization in China is constantly advancing,and the requirements for ecological security are also constantly improving.The so-called ecological security refers to the ability of a country’s ecosystem to cope with major ecological environmental risks.It is a state in which the natural environment and human life and health are protected and not threatened.In 2014,President Xi Jinping put forward the concept of the overall national security concept and explicitly incorporated the ecological security into the national security system.This is the first time that China has brought the ecological security into the national security strategy level.The national fourteenth five year plan and the long-term goal of 2035 require new progress in the construction of ecological civilization,and set the goal of comprehensive protection of biodiversity and wildlife habitat.Under the background of the new requirements of China’s ecological security,the comprehensive revision of China’s wildlife protection law has been included in the annual legislative plan of the NPC Standing Committee in 2020.Although China’s "wildlife protection law" has been revised four times since its birth in 1988,the real amendment is only one in 2016.At present,the current "wildlife protection law" is still not applicable to the requirements of ecological security in terms of legislative concept,protection scope,distribution of rights and responsibilities,system setting,legal convergence,etc.This paper puts forward some suggestions on the revision of China’s "wildlife protection law" under the background of ecological security.The article is mainly divided into five parts.The first part explains the necessity of amending the wildlife protection law again.The second part introduces the legislative evolution of the law,respectively from the birth,development and the latest revised draft in 2020.The third part is one of the key points of this article,focusing on the analysis of the legislative defects of the law,that is,the legislative concept does not adapt to the ecological environment The scope of protected wildlife is too narrow,the functions of wildlife management departments are overlapping,the coordination is difficult,the relevant systems do not reflect the needs of ecological security,need to be improved,the convergence of relevant laws and regulations is not smooth,can not reflect the requirements of ecological security;the fourth part introduces the advanced legislative experience of foreign countries to provide reference for the amendment of China’s "wildlife protection law" The fifth part is also the center of this paper,aiming at the problems raised in the third part,it makes corresponding legislative suggestions and countermeasures,which are to change the legislative concept to meet the requirements of ecological security,expand the scope of wildlife protection,clarify the division of powers and responsibilities of wildlife authorities,improve the construction of wildlife protection system,strengthen the connection of relevant laws,and reflect the requirements of ecological security.
Keywords/Search Tags:ecological security, wildlife protection law, legislati ve defects, countermeasures
PDF Full Text Request
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