野生动物及其制品非法贸易治理策略研究

运用滚雪球方法系统地梳理野生动物非法贸易及犯罪研究领域的相关文献资料,全面地分析野生动物的法律概念界定窄且不确定、“保护”与“利用”初衷存在偏离、协同监管体制不完善等治理困境,得到野生动物及其制品非法贸易治理遵循生物多样性规律、完善整体性保护的思路、创新非法贸易的治理举措三大治理需求,提出从重塑立法理念、科学界定野生动物概念、完善野生动物及其制品非法贸易治理体制、优化执法队伍建设体制等治理野生动物及其制品非法贸易的建议。

Study on the Governance Strategy of Illegal Trade in Wildlife and Its Products

(1)Background——Due to the uncontrolled use of wildlife(such as overeating wildlife),the possibility of these viruses coming into contact with human beings is increased,which directly endangers the safety of public health and human life and health. Therefore,it is necessary to strengthen the research on the governance of illegal trade in wildlife and its products.(2) Methods——Based on the theory of social governance,the snowball method is used to systematically sort out the current research situation at home and abroad in the field of illegal trade in wildlife and its products,with emphasis on the legislation in the field of wildlife protection. The data involved in the paper come from World Wildlife Crime Report: Illegal Trade of Endangered Species 2020 and official data released by Investigation Bureau of Central Administration of Customs,P. R. China.(3) Results——Wildlife is an important part of all life and natural ecosystems on the earth. However,illegal trade of wildlife and its products still exists and even becomes intensifying. The difficulties in the control over illegal wildlife and its products trade mainly lie in the legislative,law enforcement and judicial fields. Through the analysis from the source of legislation,it is mainly reflected in the narrow and unclear concept definition of wildlife. And the protection of wildlife and the utilization of wildlife both deviate from the original intention.From the perspective of law enforcement and judicial fields,it mainly focuses on the imperfect coordinated supervision and regulation system. In order to effectively control the illegal trade of wildlife and its products,to improve the governance system and the governance ability,the management of wildlife and its products is required to follow the law of biodiversity and to enhance the overall protection thought,as well to innovate the governance measures of illegal trade. Therefore,first of all,it is necessary to reshape the legislative principle of Law of the People's Republic of China on the Protection of Wildlife. And it is required to strictly implement the"protection priority". Secondly,it is necessary to scientifically define the concept of wildlife and expand the scope of wildlife protection. In addition,we need to improve the governance system of illegal trade in wild animals and their products,in order to further improve the level of governance. Finally,it is suggested to optimize the system construction of law enforcement team in order to improve the ability of punishment.(4) Conclusions and Discussions——Based on ecological safety,public health safety,life and health safety as well as biological safety,the legislative concept of the Law of the People's Republic of China on the Protection of Wildlife is expected to be remodeled for the target value orientation of people's increasing needs for a better life. It's necessary to implement the spirit of the Decision of the Standing Committee of the National People's Congress on a Complete Ban of Illegal Wildlife Trade and the Elimination of the Unhealthy Habit of Indiscriminate Wild Animal Meat Consumption For the Protection of Human Life and Health,redefine the concept of wildlife in the revision of the Law of the People's Republic of China on the Protection of Wildlife,and expand the scope of protection to all species of wildlife,including their habitats. In addition,we should strengthen multi-party co-governance and diversified participation,promote technological innovation,establish information sharing and communication mechanisms,encourage social participation,strengthen international cooperation,and strengthen source governance. At the same time,optimize the team building system of wildlife protection law enforcement.