野生动物致人损害国家补偿责任研究
发布时间：2018-07-25 11:22
【摘要】： 由于人们的环境保护意识的提高和政府对环境问题的重视,我国野生动物资源的状况得到了很大的改善,野生动物的数量不断增加,但是野生动物伤害人畜、破坏农作物的事件也越来越多。人类与动物争取资源和生存空间成为了现实生活中常见的事情,这无疑会使我们在保护野生动物方面产生困惑。野生状态下的动物致人损害的,我国目前尚无立法明确规定如何对受害人进行救济,使得大量相对人权益得不到保障。尤其是遭受野生动物侵害的事件大多发生在经济欠发达的省份或地区,受到侵害的当事人往往陷入到一个十分窘迫的地步,因此研究野生动物致人损害的救济是一个刻不容缓的话题。 野生动物的所有人是国家,那么由国家来承担野生动物造成的人身财产损失是符合一般的法理价值衡量的,但具体应该采用什么样的方式,并没有相应的法律规定,在法律体系上是一个空白,探讨野生动物致人损害的救济是有着理论和现实意义的。 作者试图在国家补偿的角度,从野生动物致人损害的案件事实出发,研究野生动物致人损害由国家进行补偿的法理基础,国内外研究状况,对我国有关野生动物致人损害的补偿理论和具体实践中存在的问题进行阐述,在野生动物致人损害的国家补偿制度方面提出一些解决的建议。
[Abstract]:Due to the improvement of people's environmental protection consciousness and the government's attention to environmental problems, the status of wildlife resources in China has been greatly improved, the number of wild animals has been increasing, but wild animals harm people and animals. More and more crops are being destroyed. Fighting for resources and living space between human beings and animals has become a common thing in real life, which undoubtedly confuses us in protecting wild animals. At present, there is no legislation on how to provide relief to the victims, which makes the rights and interests of a large number of relative persons unprotected. In particular, most of the incidents of wildlife abuse occur in economically underdeveloped provinces or regions, and the victims are often in a state of great embarrassment. Therefore, the study of wildlife damage relief is an urgent topic. The owner of wild animals is the state, so the state to bear the loss of life and property caused by wildlife is in line with the general legal value, but what kind of method should be adopted, and there are no corresponding legal provisions. It is a blank in the legal system. It is of theoretical and practical significance to probe into the remedy of damage caused by wild animals. From the angle of state compensation, the author tries to study the legal basis of compensation for human damage caused by wild animals, and the research situation at home and abroad, from the point of view of the case of wildlife damage to human beings. This paper expounds the problems existing in the theory and practice of compensation for human damage caused by wild animals in China, and puts forward some suggestions on the national compensation system for human damage caused by wild animals.
【学位授予单位】：长春理工大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.11;D922.68
本文编号：2143670
[Abstract]:Due to the improvement of people's environmental protection consciousness and the government's attention to environmental problems, the status of wildlife resources in China has been greatly improved, the number of wild animals has been increasing, but wild animals harm people and animals. More and more crops are being destroyed. Fighting for resources and living space between human beings and animals has become a common thing in real life, which undoubtedly confuses us in protecting wild animals. At present, there is no legislation on how to provide relief to the victims, which makes the rights and interests of a large number of relative persons unprotected. In particular, most of the incidents of wildlife abuse occur in economically underdeveloped provinces or regions, and the victims are often in a state of great embarrassment. Therefore, the study of wildlife damage relief is an urgent topic. The owner of wild animals is the state, so the state to bear the loss of life and property caused by wildlife is in line with the general legal value, but what kind of method should be adopted, and there are no corresponding legal provisions. It is a blank in the legal system. It is of theoretical and practical significance to probe into the remedy of damage caused by wild animals. From the angle of state compensation, the author tries to study the legal basis of compensation for human damage caused by wild animals, and the research situation at home and abroad, from the point of view of the case of wildlife damage to human beings. This paper expounds the problems existing in the theory and practice of compensation for human damage caused by wild animals in China, and puts forward some suggestions on the national compensation system for human damage caused by wild animals.
【学位授予单位】：长春理工大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.11;D922.68
【引证文献】
相关硕士学位论文 前1条
1 高芳;野生动物致人损害责任的若干法律问题探究[D];沈阳师范大学;2012年
，本文编号：2143670
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