Abstract
Problems of the human–animal relationship in China are associated with imperfect legal protection. Few recent studies in English have focused on the entire legislation framework for wildlife protection, or paid sufficient attention to revision of the Wildlife Protection Law of China. This study aims to provide a review of the legislation pertinent to the overall framework of wildlife protection in China, thus making the legislative framework understood by a broader audience. We present various legal documents of national, local, and international level—including the Constitution, national laws, national administrative regulations and departmental rules, and local regulations and rules, all selected for their direct and close relation to wildlife protection. We then discuss the challenges of internal defects in the legislation for wildlife protection and problems of coordination between the laws—including the lack of stipulation on the definition of wildlife, the narrow scope of the legal protection of wildlife, the incomplete stipulation on the property rights of wildlife, the imperfect stipulation on wildlife utilization, the relatively limited protection system of wildlife habitats, and the relatively vague damage compensation caused by wildlife protection, with an emphasis on revisions of the Wildlife Protection Law of China in 2016. In conclusion, we draw wider implications for the legal protection of wildlife in China, arguing for a more sustainable human–animal relationship.
Highlights
China has one of the richest biodiversity in the world [1]
This study mainly uses the normative research method. It summarizes the achievements of legal protection of wildlife in China in terms of a holistic legislation framework and concrete legal systems, especially revisions of the 2016 Wildlife Protection Law (WPL)
We should not ignore the current challenges of wildlife legal protection in China
Summary
China has one of the richest biodiversity in the world [1]. 178 species of mammals are threatened in China, accounting for 26.4% of all mammal species in the country, which is higher than the worldwide average percentage of threatened species (21.8%). The case where Haiyang Liu injured bears by using sulfuric acid, and the incident of bear bile farming, both show that the legislation for wildlife protection in China is not adequate [6,7] These cases will be introduced and discussed in more detail in this study. This study mainly uses the normative research method It summarizes the achievements of legal protection of wildlife in China in terms of a holistic legislation framework and concrete legal systems, especially revisions of the 2016 WPL. It discusses challenges of internal defects in the legislation for wildlife protection and coordination problems between the laws, and proposes some improvement measures, arguing for a more sustainable human–animal relationship
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