Research On The Legislative Issues Of Preventing And Controlling The Invasion Of Alien Species In China

The Second Tenth Report clearly points out that "to strengthen biosecurity management,prevention and control of invasive alien species." We must unswervingly implement the overall national security concept.Biosecurity is an important part of the overall national security as it is related to people’s life safety and health.Invasive alien species are the main cause of biodiversity loss and serious damage to global economic and social interests.With China’s economic prosperity and increasingly frequent international exchanges,the problem of invasive alien species in China has become increasingly prominent and is a major threat to the country’s current ecological environment,economic development,and human health.The Biosafety Law was promulgated on October 17,2020,which incorporates the prevention and management of invasive alien species into its scope of application and emphasizes the importance of preventing and controlling invasive alien species in China.The introduction of the Biosafety Law has played a positive role in the prevention and control of invasive alien species in China.However,China has not formulated a complete special prevention and control law so far,and the risk assessment system,inspection and quarantine system,public participation system and other prevention and control legal systems are not perfect,with fragmented provisions and limited scope,making China face many difficulties in preventing and controlling the invasion of alien species.In order to better achieve legislative protection,the legislative provisions on the prevention and control of invasive alien species should also keep pace with the times and protect in development,and it is crucial to formulate a special prevention and control law and improve the legal system in various aspects.The paper is divided into five chapters: Chapter 1 introduces the background of the study,the purpose of the study,the current status of domestic and foreign research,and the content and methods of the study.The second chapter firstly explains the conceptual characteristics and development of alien species and their invasion,secondly clarifies the theoretical basis of the legislation on the prevention and control of invasive alien species,and theoretically explains the importance of improving the prevention and control system of invasive alien species and special legislation on them,and finally summarizes the current situation of the legal system of invasive alien species in China,especially sorting out the legislation at the national and local levels.Chapter 3 analyzes the problems of the lack of special legislation,unclear legislative purpose and guiding ideology,and the imperfection of the main legal systems such as inspection and quarantine,risk assessment,legal responsibility,and public participation in the prevention and control of invasive alien species in China.Chapter 4,based on the study of foreign species invasion legislation and prevention measures in the United States,Japan,New Zealand and Australia,seeks valuable experiences of the world countries in legislative practice by attempting to analyze foreign invasive alien species legal systems,adopting a novel model approach based on foreign studies,and breaking through the limitations of previous theoretical studies.Chapter5 provides theoretical and methodological reference for China’s invasive alien species prevention and control legislation from the perspectives of conducting legislative system,legislative purpose and legal system,and proposes the formulation of a special invasive alien species prevention and control law to establish the systematic connection of relevant laws,determine the legislative purpose and guiding ideology,optimize the regulatory capacity and access in the inspection and quarantine system,and clarify and improve the subject and procedures of the risk assessment system,etc.In addition to improving the recommendations,in addition to the accountability system proposed to be introduced from the perspective of the individual as well as the unit,to clarify the corresponding responsibility and accountability,public participation system is also mentioned to improve the organizational capacity of public participation,enhance the enthusiasm and effectiveness of public participation.In this chapter,we summarize the legal system for the prevention and control of invasive alien species in China,taking into account the current situation and specific practices of the legislation in China,and the study shows that it is of great significance to improve the legal system and solve the problems of invasive alien species in China by formulating a perfect law for the prevention and control of invasive alien species while improving the legal system and making special legislation for the prevention and control of invasive alien species.The original purpose of the legislation is to make the ecological environment form a good dynamic cycle.