我国涉野生动物违法犯罪行为的法律治理路径探究

新冠肺炎疫情的爆发引发了学界对规制涉野生动物违法犯罪行为的讨论,我国现行涉野生动物违法犯罪行为的治理体系存在着保护理念需要转变、部门法衔接需要协调、公益诉讼制度需要革新等问题。因而,需尽快立法弱化“野生动物资源观”,引入“全面保护”“有限利用”等治理理念,加快填补部门法衔接处的立法空白,形成科学完整的涉野生动物违法犯罪行为的治理体系。同时应拓宽公益诉讼的适格主体范围,将一般公民纳入适格原告,以此加大社会监督的力度,并建立野生动物损害赔偿诉讼制度。

Legal Governance for Wildlife-related Illegal and Criminal Acts in China

The COVID-19 pandemic has led to the academic discussion on the regulation of wildlife-related illegal and criminal acts, and China''s current governance system for the acts needs to change the concept of wildlife protection, coordinate the departmental laws, and innovate the public interest litigation system. It is necessary to make legislation as soon as possible to weaken the view of "wildlife resources", introduce the governance concepts of "comprehensive protection" and "limited utilization", and accelerate the filling of legislative gaps in the connection between departmental laws, so as to form a scientific and complete governance system for the acts. At the same time, it is advisable to broaden the scope of eligible subjects of public interest litigation, and include ordinary citizens into the eligible plaintiffs, so as to strengthen the social supervision and establish the litigation system of wildlife damage compensation.