| Biodiversity is the basis of life on earth,the basis of human survival,and an indispensable part of sustainable economic and social development.China has successively formulated a number of laws related to environmental protection and resource utilization,introduced various environmental protection policies,paid more and more attention to the protection of biodiversity and achieved fruitful results,and embarked on a road of biodiversity protection with Chinese characteristics.As a signatory to the ’ Convention on Biological Diversity ’,China ’s principle on the application of international conventions is ’ transformation and application ’,that is,the provisions of international conventions must be transformed into domestic law to be applied.However,there is no special legislation on biodiversity protection in China.The relevant systems are scattered in the law,and the construction of some systems is lagging behind.On the whole,China ’s biodiversity protection system needs to be further improved.Only according to the actual situation of the country,and constantly improve the relevant legislation and legal system,the principles and requirements of the Convention can be effectively implemented.This article follows the relevant principles and requirements of the ’ Convention on Biological Diversity ’,from a macro perspective,studies and analyzes the problems existing in China ’s biodiversity protection legal system,and focuses on the choice of legislative models,in order to find a path to improve China ’s biodiversity protection legal system.First of all,based on the definition of the concept,this paper discusses the legitimacy of protecting biodiversity from two aspects of value and crisis,and then focuses on the basic principles of the Convention on Biological Diversity and related international conventions to explore the basic legal system needed for biodiversity protection.Secondly,it combs the current situation of legal protection of biodiversity in China.On this basis,this paper further analyzes the shortcomings of the current legal system of biodiversity protection in China,including planning,protection of biological genetic resources,prevention and control of alien species invasion,in situ protection,ex situ protection,public participation and other issues,so as to pave the way for improving the legal system of biodiversity protection in China;Finally,this paper proposes solutions to the above problems,including the adjustment of the legislative model,whether it is necessary to formulate a special law on biodiversity conservation,or to further improve the existing model;on the basis of the choice of legislative model,we will further study how to improve the biodiversity conservation planning system,in-situ protection legal system,ex-situ protection legal system,biological genetic resources protection legal system,prevention and control of alien species invasion legal system and biodiversity protection public participation legal system. |