Reflection on the Legal Issues of Alien Invasive Species

doi:10.16409/j.cnki.2095-039x.2018.04.006

Abstract

Abstract: With the acceleration of economic globalization, alien invasive species is becoming increasingly serious. The alien invasive species has long been regarded as one of the biggest threats to biodiversity in the world, causing great harm to the global economic development, ecological environment and human health. Because of complicated and unique landscapes and various climate types, the problem of alien invasive species in China is also facing huge challenge. So, the general legislation level of alien invasive species in China is investigated, and some deficiencies in the process of legislation of alien invasive species are found, including low legislative rank and weak system, deviations of legislative intent, unconcern of long-term interest and unclear legal liability system. To improve the laws and regulations system of alien invasive species in China, some suggestions are put forward based on the international conventions and foreign laws from the United States and Japan, including legislating to prevent the invasion of alien species, integrating administrative resources and setting up specialized agencies to combat the use of exotic species, and establishing of tracking and monitoring of alien invasive species and emergency response mechanism.

Key words: alien invasive species, legislation, countermeasures, legal liability system

CLC Number:

SUN Zhifan. Reflection on the Legal Issues of Alien Invasive Species[J]. journal1, 2018, 34(4): 533-538.

References

[1] Wan F H, Guo J Y, Wang D H. Alien invasive species in China:their damages and management strategies[J]. Biodiversity Science, 2002, 10(1):119-125.
[2] Wan F H, Liu W X, Guo J Y, et al. Invasive mechanism and control strategy of Ageratina adenophora (Sprengel)[J]. Science China Life Science, 2010, 53(11):1291-1298.
[3] Wan F H, Yan Y, Wang R, et al. Invasion biology:development and perspective in China[J]. Journal of Biosafety, 2011, 20(1):1-19.
[4] Wang J. Protection against alien species invasion:a rational choice of China's legislative model[J]. Modern Law Science, 2007, 2:24-31.
[5] Su Z P, Lin F H. The legislative conception on preventing alien species invasion[J]. Hebei Law Science, 2005, 3:113-115.
[6] Xian X Q, Chen H, Zhao J, et al. Introduction to the database of invasive alien species in China[J]. Plant Protection, 2013, 39(5):103-119.
[7] Liu H, Zhang Q, Chen Z Q. Study on the risk management system of invasive alien species[J]. Agricultural Disaster Research, 2016, 6:7-9.
[8] Shi X Y. Research on the Legal Issues of Biodiversity[M]. Beijing:People's Publishing House, 2007, 294.
[9] Shi X Y. Research on the Legal Issues of Biodiversity[M]. Beijing:People's Publishing House, 2007, 382.
[10] Wang C. The determination of the right of infringement and the standard way of the interests of the civil subject[J]. Tsinghua Law Science, 2011, 2:487.
[11] Zhang L. The understanding and application of article 11 of the amendment (7) of the criminal law[C]. China law society criminal law association 2009 annual meeting, 2009.
[12] Shi X Y. Research on the Legal Issues of Biodiversity[M]. Beijing:People's Publishing House, 2007, 354.
[13] Xue D Y. A solid step to achieve the goal of the biodiversity convention:the necessity of China's accession to the protocol of Nagoya[J]. Biological Diversity, 2013, 21(6):637-638.
[14] Wang Y. On State liability for cross-border environmental damage[J]. Northern Legal Science, 2008, 3:150.
[15] Shi X Y. Research on the Legal Issues of Biodiversity[M]. Beijing:People's Publishing House, 2007, 356.
[16] Wang J. Protection against alien species invasion:a rational choice of China's legislative model[J]. Modern Law Science, 2007, 2:24-31.
[17] Shi X Y. Research on the Legal Issues of Biodiversity[M]. Beijing:People's Publishing House, 2007, 360.
[18] Liu Z Q. Study on the legal system of foreign species risk assessment in China[D]. Nanchang:Jiangxi University of Science and Technology, 2016.
[19] Wang J. Against invasive species:the selection of proper legislative model, based on the international community and comparative analysis of foreign legal regulation model[J]. Modern Law Science, 2007, 2:24-31.
[20] Xu C Q. The legal prevention and control of alien species invasion in China[J]. Journal of Harbin University, 2016, 7:51-55.
[21] Liu R. The study on alien species invasion law[J]. Legality Vision, 2017, 10:109-110.
[22] Shi X Y. Research on the Legal Issues of Biodiversity[M]. Beijing:People's Publishing House, 2007, 348.