野生动物致害法律问题研究
发布时间：2018-08-01 12:42
【摘要】： 近年来,随着我国环境保护工作的不断深入,各项措施的逐步推进,生态资源有了明显改善,野生动物资源得以生存繁衍,种族兴旺。与此同时,野生动物致害造成公民合法权益损失的现象时有发生,由于我国在野生动物致害方面法律不完善,致使受害公民无法得到及时、合理的补偿。野生动物是生态环境的重要组成部分,通过完善野生动物致害方面的法律和相关理论,不仅可以保护受害公民的合法权益,也可以更好的促进对野生动物的保护,确保生态系统的重新平衡和稳定。保护野生动物与维护公民合法权益的关系已成为我国社会与环境和谐发展的重要因素。本文的研究目的就在于查找出我国在野生动物致害方面存在的不足,完善我国法律体系,丰富相关理论学说,从而推进我国法治社会的步伐,实现人与野生动物的和谐共存。 本文在全面分析我国野生动物致害相关立法及相关的理论基础之上,综合运用分析、实例、比较等论证研究方法,立足于我国实际情况和在以往野生动物致害事件中的教训,对我国野生动物致害的立法制定提出了构想。首先,从法制的统一和节约立法成本上角度上,确定了在现行《野生动物保护法》中将野生动物致害单独成章,各地方政府在此基础上就具体赔偿数额和野生动物种类制定地方性法规的立法体系,然后将野生动物致害责任的性质定位为民事责任。其次,重构了野生动物致害的责任认定,这其中包括确定了责任的归责原则、构成要件、免责事由。第三,在赔偿制度上,明确了赔偿原则即全部赔偿、便民高效、损益相抵、过失相抵原则,赔偿的标准。第四,在救济程序上,进一步规范了赔偿的行政程序,提出义务主体对野生动物致害的审查为先置程序,细化了审查的工作流程。同时,增设了司法救济程序。第五,在损害救济的资金上,建立以中央财政为主,非政府组织为辅的多种赔偿方式体系,同时又提出了建立基金专用制度,政府财产预算制度,增设赔偿统计报告制度,建立配套的赔偿基金监督机制,促使资金的使用公开、透明,防止资金被挪用、乱用的现象。从而建立起了我国野生动物致害责任的完整体系。
[Abstract]:In recent years, with the deepening of environmental protection in our country and the gradual promotion of various measures, the ecological resources have been obviously improved, the wildlife resources have been able to survive and multiply, and the race has flourished. At the same time, the damage caused by wildlife causes the loss of citizens' legal rights and interests from time to time. Because of the imperfection of the law of wildlife harm in our country, the injured citizens can not get timely and reasonable compensation. Wildlife is an important part of the ecological environment. By perfecting the laws and related theories on wildlife harm, it can not only protect the legitimate rights and interests of the injured citizens, but also better promote the protection of wildlife. Ensure ecosystem rebalancing and stability. The relationship between the protection of wildlife and the legal rights and interests of citizens has become an important factor for the harmonious development of our society and environment. The purpose of this paper is to find out the deficiency of wildlife harm in our country, perfect the legal system of our country, enrich the relevant theories and theories, so as to promote the pace of the society ruled by law in our country, and realize the harmonious coexistence between human and wild animals. Based on the comprehensive analysis of the relevant legislation and related theories of wildlife harm in China, this paper comprehensively applies the methods of analysis, examples and comparison to demonstrate and research, based on the actual situation of our country and the lessons learned from the previous wildlife harm events. The conception of the legislation of wildlife harm in China is put forward. First of all, from the point of view of the unification of the legal system and the cost saving of legislation, it has been determined that wildlife harm will be made into a separate chapter in the current Wildlife Protection Law. On the basis of this, the local governments formulate the local laws and regulations on the amount of compensation and the species of wild animals, and then define the nature of the liability for wildlife damage as civil liability. Secondly, the author reconstructs the responsibility determination of wildlife damage, which includes the principle of liability attribution, the constitutive elements and the reasons of exemption. Third, in the compensation system, the principle of compensation is defined, that is, all compensation, convenience, profit and loss offset, negligence offset principle, compensation standards. Fourth, in the relief procedure, further standardized the compensation administrative procedure, proposed the obligation main body to the wildlife harm examination as the first procedure, elaborated the examination work flow. At the same time, the addition of judicial relief procedures. Fifth, in terms of the funds for damage relief, we should establish a variety of compensation systems with the central finance as the main body and non-governmental organizations as the supplement. At the same time, we have also proposed the establishment of a special fund system, a budget system for government property, and an additional system for statistical reporting on compensation. Establish a supporting compensation fund supervision mechanism to promote the use of funds in an open and transparent way to prevent funds from being misappropriated and misused. Thus established our country wild animal damage responsibility complete system.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D923;D922.68
本文编号：2157615
[Abstract]:In recent years, with the deepening of environmental protection in our country and the gradual promotion of various measures, the ecological resources have been obviously improved, the wildlife resources have been able to survive and multiply, and the race has flourished. At the same time, the damage caused by wildlife causes the loss of citizens' legal rights and interests from time to time. Because of the imperfection of the law of wildlife harm in our country, the injured citizens can not get timely and reasonable compensation. Wildlife is an important part of the ecological environment. By perfecting the laws and related theories on wildlife harm, it can not only protect the legitimate rights and interests of the injured citizens, but also better promote the protection of wildlife. Ensure ecosystem rebalancing and stability. The relationship between the protection of wildlife and the legal rights and interests of citizens has become an important factor for the harmonious development of our society and environment. The purpose of this paper is to find out the deficiency of wildlife harm in our country, perfect the legal system of our country, enrich the relevant theories and theories, so as to promote the pace of the society ruled by law in our country, and realize the harmonious coexistence between human and wild animals. Based on the comprehensive analysis of the relevant legislation and related theories of wildlife harm in China, this paper comprehensively applies the methods of analysis, examples and comparison to demonstrate and research, based on the actual situation of our country and the lessons learned from the previous wildlife harm events. The conception of the legislation of wildlife harm in China is put forward. First of all, from the point of view of the unification of the legal system and the cost saving of legislation, it has been determined that wildlife harm will be made into a separate chapter in the current Wildlife Protection Law. On the basis of this, the local governments formulate the local laws and regulations on the amount of compensation and the species of wild animals, and then define the nature of the liability for wildlife damage as civil liability. Secondly, the author reconstructs the responsibility determination of wildlife damage, which includes the principle of liability attribution, the constitutive elements and the reasons of exemption. Third, in the compensation system, the principle of compensation is defined, that is, all compensation, convenience, profit and loss offset, negligence offset principle, compensation standards. Fourth, in the relief procedure, further standardized the compensation administrative procedure, proposed the obligation main body to the wildlife harm examination as the first procedure, elaborated the examination work flow. At the same time, the addition of judicial relief procedures. Fifth, in terms of the funds for damage relief, we should establish a variety of compensation systems with the central finance as the main body and non-governmental organizations as the supplement. At the same time, we have also proposed the establishment of a special fund system, a budget system for government property, and an additional system for statistical reporting on compensation. Establish a supporting compensation fund supervision mechanism to promote the use of funds in an open and transparent way to prevent funds from being misappropriated and misused. Thus established our country wild animal damage responsibility complete system.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D923;D922.68
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