Research on the legal protection of wild plants in Xishuangbanna Dai Autonomous Prefecture
|School||Central University for Nationalities|
|Keywords||wild plant legal system management system law enforcement legal responsibility|
Xishuangbanna is located in the southernmost tip of Yunnan Province in the south of the Tropic of Cancer,which is the Indo-Asian continent to the transition zone. There are a chunk of animal and plant resources, known as a plant and animal kingdom.They include not only economic plants, medicinal plants, but also a lot of rare, ancient, exotic, endangered plants and animals that only have the Xishuangbanna. So these wild plants are an important component of biological diversity.They not only have an important role in maintaining ecological balance, but also pregnant with enormous economic, scientific and cultural value.Since Xishuangbanna Nature Reserve established in 1958, along with the progress of China’s wild plant protection,the protection of wild plants in Xishuangbanna has made remarkable progress. However, facing increasingly serious damage to the wild plant resources and the imperfect state’s wild plant protection legislation, the Xishuangbanna Dai Autonomous Prefecture is urgent to develop an effective legal system which can supply a comprehensive and effective protection to the wild plants in their region, according to their actual situation. However, the legal system of the wild plant protection in Xishuangbanna is also very imperfect, and there are many problematic places. Thus this paper analysised the problems in the legal system, management system, law enforcement, legal responsibility of the wild plants protective legal system of the Xishuangbanna Dai Autonomous Prefecture,referenced the international and domestic legislation and the self-government regulations of other regions to protect wild plants, and combined the ethnic characteristics of Xishuangbanna Dai Autonomous Prefecture to discuss the comprehensive proposal to the wild plants protective legal system of the Xishuangbanna Dai Autonomous Prefecture.This article briefly introduced the general situation of the wild plants in Xishuangbanna in the first place and also summarized the international and domestic legislation on the protection of the wild plants. In the international aspect, this article mainly introduced the wild legislative situation of United States and Australia and a number of major international treaties we have accessed;In the domestic aspect, this article mainly introduced national law relating to the protection of wild plants and a number of relevant local laws and regulations of Xishuangbanna Dai Autonomous Prefecture.Then this article deeply analysised the problems in the legal system, management system, law enforcement, legal responsibility of the wild plants protective legal system of the Xishuangbanna Dai Autonomous Prefecture and proposed some problems existed.For instance,there are some problems such as the obscureness of the legislative purposes and principles, the lack of the corresponding control system of the artificial propagation of wild plants, the obscureness of the supervised departments,the difficulty of law enforcement for the forest police, and the irrationality of the main penalty system to the men whose act is illegal.At last this article supplyed a targeted solution according to the various issues of the wild plants protective legal system of the Xishuangbanna Dai Autonomous Prefecture, such as a clear purpose and principles of law,the establishmnet of the corresponding control system of the artificial propagation of wild plants,the clear supervised departments,the clear rights and responsibilities of the forest police,and improving the main penalty system of the law.