Improvement Of Administrative Legal System For Wildlife Protection

In the theory of wildlife protection,there are three pairs of basic value orientations:resource and subject,protection and utilization,and universal protection and key protection,and it is of basic theoretical significance to clarify these controversies for China’s wildlife protection system.The second is that "protection" and "utilization" of wild animals are not contradictory.Second,"protection" and "utilization" of wildlife are not contradictory,and the reasonable utilization of wildlife can better promote the protection of wildlife;Third,the protection of biodiversity means that we should change from "key protection" to "universal protection Third,biodiversity conservation means that we should change from "key protection" to "universal protection".While protecting wildlife,the core position of "human" in the ecosystem should not be ignored,and the dynamic balance between wildlife protection and individual rights protection should be maintained.The Wildlife Protection Law is the core and foundation of China’s administrative legal system for wildlife protection.According to the provisions of the Wildlife Protection Law,the main administrative legal systems for wildlife protection in China are the listing system,the artificial breeding system,the animal damage compensation system,and the legal liability system.For the time being,there are still some more prominent problems in the wildlife administrative legal system in China.First,the scope of protection of wildlife is too narrow,it is difficult to do effective protection and is not conducive to the compensation for wildlife damage.The artificial breeding of wild animals is unknown,directly affecting the scope of wildlife regulation and the threshold of criminalization.Second,the artificial breeding system needs to be improved.The artificial breeding permit is broad in scope,with general conditions,and the review and supervision of the permit is not effective.Third,there are overlapping or gaps in the administrative authority of wildlife protection,and the effectiveness of law enforcement needs to be improved.Fourth,the compensation system for damage to wild animals is not perfect.There is a lack of specific methods of compensation,the main body of compensation is unknown,the scope of compensation is narrow,the compensation standard is low,and so on.Fifth,the legal liability system needs to be improved.There are obstacles to the connection between the execution and punishment of wildlife protection,and some cases are not separated from the execution and punishment,improperly criminalized.Therefore,China’s wildlife administrative legal system should be mainly from the following aspects to improve: First,a reasonable definition of the scope of wildlife.Establish universal protection,in principle,all wild animals should be included in the scope of protection;and for artificial breeding animals with mature and stable artificial breeding technology,they should be excluded from the scope of wildlife protection.Second,set reasonable conditions and scope of artificial breeding permits,and limit the conditions and scope of commercial operation and use of artificially bred wildlife;at the same time,strengthen the substantive review of artificial breeding permits and post-facto supervision.Third,the establishment of a unified wildlife protection management agency.Improve the construction of administrative and law enforcement teams and enrich management methods.Fourth,promptly formulate specific compensation measures,clarify compensation subjects,coordinate the sharing of compensation fund sources,expand the scope of compensation,establish a diversified compensation mechanism,and reasonably stipulate compensation standards.Fifth,adhere to the principle of criminal priority,but also can take the way of execution and punishment.Accurately implement the provisions of the new judicial interpretation,and clarify the boundary between administrative violations and criminal offenses.