Research On The Scope Of Wildlife Protection In China

Chinese wildlife protection legislation involves the constitution,laws,regulations,and rules,etc.There are many legislations and different regulations.Since China promulgated the Wildlife Protection Law of the People’s Republic in China in 1988,the scope of protection stipulated by it has been widely concerned by academics for a long time,especially since the outbreak of the new crown epidemic,how to determine the scope of protection has become the focus of attention of academics and practical circles.Therefore,it is very important to study this issue to improve relevant legislation.Examining the scope of protection provided by Chinese current wildlife protection laws and regulations,we can find the following shortcomings: First,the constitutional basis for the scope of wildlife protection is not clear.Through the legal doctrinal analysis of the "Constitution",it is found that the protection of precious wild animals in the Constitution does not mean that it only provides legislative protection of "key" wild animals.However,the principled provisions of the Constitution have objectively caused the protection of wild animals.Difficulties in determining the scope of protection.Second,the scope of local wildlife protection is chaotic.Most local legislation is based on the Wildlife Protection Law,the scope of protection is consistent with it,and the legislative model of key protection is adhered to.There are also some local legislations that are at the forefront of national legislation,essentially establishing the universal protection of wild animals in their jurisdictions,and some local legislation clearly stipulates the legislative principle of "universal protection",which is a new era of ecological civilization for wild animals.An expansion of the scope of protection.Third,the definition of wild animals is not clear.To clarify what a wild animal is the first prerequisite and theoretical basis for determining the scope of protection.Only by distinguishing wild animals from other animals can we reasonably clarify the boundaries of wildlife protection.Fourth,the "precious and endangered terrestrial and aquatic wild animals and terrestrial wild animals with important ecological,scientific and social value" to be protected by the "Wildlife Protection Law" are unclear,leading to the boundaries of their protection Obscure,we can only rely on relevant directories to improve the operability of legislation.Fifth,the scope of protection is too narrow,and the species of wild animals under key protection are extremely limited.On the whole,there is almost no legal protection for "ordinary" wild animals with a large number of species and populations.The specific manifestation of the scope of wildlife protection,namely name recording,also has obvious problems.The first is that the limited enumeration of the list has substantially further restricted the scope of protection of wild animals.Mankind ’ s understanding of wild animals has been continuously strengthened with the progress of society.No matter how expanded the relevant list is,it may not be able to cover all wild animals that conform to the spirit of the legislation.The second is the issue of timeliness of related lists.This problem is more prominent.The specific manifestation is that the "List of National Key Protected Wild Animals" has hardly been revised for more than 30 years since its release,which is seriously lagging behind the changes in the living conditions of wild animals.Various types of lists and related international treaties also have the problem of inconsistency in the protection levels of some wildlife,and there is no flexible update mechanism,and they cannot meet the actual needs of wildlife protection in a timely manner,which brings certain difficulties to actual law enforcement.The Taiwan region of China has rich experience in legislation on wildlife protection,and the regulations on the scope of protection of wildlife are relatively clear and specific and the scope of protection is very wide.Therefore,we can learn from the useful legislative experience in Taiwan and carry out localization transformation.China needs to establish correct legislative principles,adhere to the principle of value hierarchy,the principle of comprehensive protection,and the principle of precaution,so as to guide the reasonable delineation of the scope of protection in China.China can determine the scope of protection of wild animals and improve the recording of names at the same time.In the definition of the scope of protection,the constitutional basis for wildlife protection should be clarified first,the constitution should be interpreted,and the meaning of "precious" animals to be protected should be clearly pointed out.On the basis of a clear constitutional basis,the national legislation is integrated,so that the national legislation can reasonably determine the scope of protection of wild animals and truly guide the local legislation.Legally define the concept of wild animals in order to further explain the scope of "precious and endangered terrestrial and aquatic wild animals and terrestrial wild animals with important ecological,scientific and social value".It also advocates a reasonable expansion of the protection scope of the Wildlife Protection Law,to realize the combination of universal protection and key protection of all wild animals,restrict the resource utilization of wild animals,and implement legislative restraints and strict supervision of necessary utilization behaviors.Furthermore,China can flexibly set up various wildlife protection lists,such as "edible animals list" and "artificial breeding wild animals list" as supporting measures that combine universal protection with key protection.In addition,a combination of regular and irregular updates of various wildlife protection lists has been added to prevent relevant lists from lagging behind the actual needs of wildlife protection.Strengthen the scientific nature of the formulation and update of the list,actively absorb relevant research results,scientifically track the survival of wild animals,and reflect them in the relevant lists in a timely manner.