野生动物资源保护法律制度研究
发布时间：2018-08-11 16:10
【摘要】： 野生动物资源的保护的地位日显重要,虽然现行的环境资源法律制度体系基本上建立在人类中心主义的价值观之上,但一些较为先进的价值观,如物种平等、生态中心主义的价值观在理论与实践中也不同程度地得到了体现,不足的是在人与野生动物之间为生存发展而相互依存的共生关系没有得到更多的关注。物种平等和生态中心主义是指生态共同体内各成员间的相互平等、共生以及协调等关系,在体现自然固有的内在价值的同时,并不排斥人类的利益。相反,人类处理好自身与环境的协调关系,则能进一步促进自身的生存与发展。野生动物资源保护领域出现了大量的具体问题,有部分法律规定也落后于时代的发展。在这样一种背景下,笔者对我国野生动物资源保护的法律制度的进一步健全进行了比较深入的探索和研究。 本文一共分为五章。第一章从野生动物概念入手,简略介绍了野生动物资源的生态价值、经济价值、美学价值、科学价值。第二章集中阐述了作为野生动物资源保护主要理论基础的环境伦理、自然公平主义和可持续发展理论。第三章概括介绍了国际和国外一些国家(美国、日本等)的野生动物保护的法律制度。第四章对我国的野生动物资源保护法律制度的历史沿革和现行主要的法律规定进行了详实的分析,指出现行法律制度存在的缺陷。第五章是本文的重点所在,笔者从立法理念入手,建议摒弃原有落后的立法理念,引入物种平等和生态优先的立法理念。随后,针对现行法律制度的主要缺陷,在管理体制、野生动物资源权属制度、生境保护制度、分层次分级别管理制度、野生动物致人损害行政赔偿制度、野生动物资源的刑法保护制度、公众参与制度、禁食野生动物制度几个方面提出了完善法律制度的建议。
[Abstract]:The conservation of wildlife resources is becoming increasingly important. Although the current legal system for environmental resources is basically based on the values of anthropocentrism, some of the more advanced values, such as the equality of species, The values of ecocentrism have been embodied to some extent in theory and practice. The deficiency is that the symbiotic relationship between human beings and wildlife for survival and development has not been paid more attention. Species equality and ecocentrism refer to the relations of equality, symbiosis and coordination among the members of the ecological community. They embody the inherent value of nature and do not exclude the interests of mankind at the same time. On the contrary, human beings can further promote their survival and development by handling the harmonious relationship between themselves and the environment. A large number of specific problems have emerged in the field of wildlife resources protection, and some laws and regulations have lagged behind the development of the times. Under such a background, the author has carried on the thorough exploration and the research to our country wild animal resources protection legal system further consummation. This paper is divided into five chapters. The first chapter introduces the ecological value, economic value, aesthetic value and scientific value of wildlife resources. The second chapter focuses on the environmental ethics, natural equity and sustainable development theory as the main theoretical basis of wildlife resources protection. The third chapter introduces the international and some foreign countries (USA, Japan, etc.) the legal system of wildlife protection. Chapter four makes a detailed analysis of the historical evolution of the legal system of wildlife resources protection in China and the current main legal provisions, and points out the defects of the current legal system. The fifth chapter is the focal point of this paper. The author starts with the legislative idea and suggests to abandon the original backward legislative idea and introduce the legislative idea of species equality and ecological priority. Subsequently, in view of the main defects of the current legal system, such as the management system, the ownership system of wildlife resources, the habitat protection system, the hierarchical management system, the administrative compensation system for human damage caused by wild animals, The criminal law protection system of wildlife resources, the system of public participation and the system of fasting wildlife are proposed to improve the legal system.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68
本文编号：2177505
[Abstract]:The conservation of wildlife resources is becoming increasingly important. Although the current legal system for environmental resources is basically based on the values of anthropocentrism, some of the more advanced values, such as the equality of species, The values of ecocentrism have been embodied to some extent in theory and practice. The deficiency is that the symbiotic relationship between human beings and wildlife for survival and development has not been paid more attention. Species equality and ecocentrism refer to the relations of equality, symbiosis and coordination among the members of the ecological community. They embody the inherent value of nature and do not exclude the interests of mankind at the same time. On the contrary, human beings can further promote their survival and development by handling the harmonious relationship between themselves and the environment. A large number of specific problems have emerged in the field of wildlife resources protection, and some laws and regulations have lagged behind the development of the times. Under such a background, the author has carried on the thorough exploration and the research to our country wild animal resources protection legal system further consummation. This paper is divided into five chapters. The first chapter introduces the ecological value, economic value, aesthetic value and scientific value of wildlife resources. The second chapter focuses on the environmental ethics, natural equity and sustainable development theory as the main theoretical basis of wildlife resources protection. The third chapter introduces the international and some foreign countries (USA, Japan, etc.) the legal system of wildlife protection. Chapter four makes a detailed analysis of the historical evolution of the legal system of wildlife resources protection in China and the current main legal provisions, and points out the defects of the current legal system. The fifth chapter is the focal point of this paper. The author starts with the legislative idea and suggests to abandon the original backward legislative idea and introduce the legislative idea of species equality and ecological priority. Subsequently, in view of the main defects of the current legal system, such as the management system, the ownership system of wildlife resources, the habitat protection system, the hierarchical management system, the administrative compensation system for human damage caused by wild animals, The criminal law protection system of wildlife resources, the system of public participation and the system of fasting wildlife are proposed to improve the legal system.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68
【引证文献】
相关会议论文 前1条
1 李媛媛;;食用野生动物立法初探[A];生态文明与林业法治--2010全国环境资源法学研讨会（年会）论文集（上册）[C];2010年
，本文编号：2177505
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