A Study Of The Legal System Of Endangered Species Protection In The United States

As the first country in the world to introduce an endangered species protection law,the U.S.endangered species protection system has a complete operational mechanism and rich practical experience,making it the strongest endangered species protection system in the world.The U.S.endangered species protection system consists of a number of species protection laws,including the U.S.Endangered Species Protection Act of 1973,which together give the highest priority to endangered species protection,establish criteria for endangered species and threatened species,and incorporate habitat protection and species recovery plans into the law,forming a core of specialized management agencies that cooperate and consult with states and other federal agencies to jointly protect endangered species It has also incorporated habitat protection and species recovery plans into the law,formed an operational model that focuses on the protection of endangered species and their critical habitats with the cooperation and consultation with states and other federal agencies,and designed a complete set of scientific operational mechanisms to protect and recover endangered species.At present,in order to effectively meet the challenges of biodiversity and accomplish the goal of comprehensively enhancing biodiversity conservation,China is carrying out the construction of the rule of law for biodiversity conservation,and it is urgent to form a complete idea of the institutional guarantee and operational mechanism for species conservation.The purpose of this article is to make feasible suggestions for improving the endangered species protection system in China based on the overview and evaluation of the endangered species protection system in the United States and the experience and shortcomings in the practice of endangered species protection in the United States.The article starts from the legal history of endangered species protection in the U.S.,and composes and analyzes the origin,development and perfection of the U.S.species protection laws;then the main systems of endangered species protection in the U.S.are studied,and the mature endangered species protection system in the U.S.is explained in detail from five aspects: listing system of endangered species,critical habitat system,cooperation and consultation system,ban system,recovery and delisting system.It then examines the monitoring mechanism of endangered species protection in the U.S.and introduces in detail the endangered species citizen lawsuits in the U.S.,starting from two aspects: legislative monitoring and judicial monitoring.It is considered that the supervision of endangered species protection in the United States is more comprehensive and effective,which can guarantee the effective implementation of endangered species protection,but there are also problems of interest groups using supervision means to obstruct species protection;finally,the experience and inspiration of the endangered species protection system in the United States are reviewed and analyzed.On the basis of the previous paper,the positive and negative experiences of endangered species protection in the United States are summarized,and it is concluded that it has advanced experiences such as perfect legal system of endangered species protection,support and guarantee of public participation in endangered species protection,but there are also shortcomings such as lack of incentives and weakness in responding to new environmental problems.It is proposed that China should learn from the advanced experience of the U.S.and at the same time learn from its lessons.We should change the concept of species protection,and design and improve the system under the concept of biodiversity protection as a whole.We also put forward specific suggestions from two aspects: improving the legal system and improving the operational mechanism of endangered species protection.