Research On Damage Compensation System Of Illegal Hunting Of Wild Animals

This paper selects 60 wildlife public interest litigation cases as research samples through qualitative and quantitative methods,and combs them case by case.In the sample,some are environmental civil public interest litigation cases and some are ecological environment damage compensation cases.Then,the damage compensation of wild animals will form the coexistence of "two lawsuits".Through the analysis of sample cases,it also further explores the basis of wildlife damage claims,value evaluation standards,liability forms and other issues.The practice of wildlife damage compensation has both experience for reference and problems to be solved.The beneficial experience includes: the application of wildlife damage into eco-environmental damage compensation,and taking fast and efficient consultation as the pre procedure;The claimants for wildlife damage have also expanded from provincial,prefecture and municipal governments and their relevant functional departments to township governments;Wildlife damage is mainly compensation for losses,supplemented by alternative repair methods of labor compensation.Punitive compensation system is also introduced in cases with serious damage and great subjective malice.The problems existing in practice can not be ignored,such as whether the procuratorial organ should file an environmental civil public interest lawsuit or an administrative organ should file an environmental damage compensation lawsuit.If the administrative organ is the claimant,then the claim basis of the claim right is the state ownership or the administrative management right.The damage to wildlife resources includes not only property damage,but also the loss of ecological function.Then,how to scientifically and reasonably identify and calculate the loss of ecological function,and under what conditions to replace monetary compensation with labor compensation in wildlife damage compensation.Based on the research and analysis of the above experience and shortcomings,this paper puts forward how to build the damage compensation system for illegal hunting of wild animals,and offers suggestions for the legalization of China’s ecological environment damage compensation system.In legislation,take the opportunity of the revision of the wildlife protection law to introduce the wildlife damage compensation system,make it clear that the administrative organ is the obligee of wildlife damage claims and apply the ecological environment damage compensation litigation before consultation;The amount of compensation for the ecological loss in the case shall be comprehensively analyzed based on the classification of the ecological loss of Pajek,and the weight of the ecological loss in the case shall be calculated according to the standard of social compensation.