The Constitution Basis and Suggestions for Amending the “Wildlife Protection Law”
ZHANG Zhen
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Published
2020-11-20
Issue Date
2020-11-24
Abstract
The outbreak of the Covid-19 has drawn people's attention to the wildlife protection law and its amendments. According to the theory of the relationship between the constitution and departmental laws, and the enactment of several relevant laws, the constitution constitutes the indirect legislative basis of the wildlife protection law. After the amendment of the constitution in 2018, a relatively complete normative system concerning wildlife protection has been formed in China's constitution. According to the standard system of animal protection in the constitution, the wildlife protection law has many deficiencies. A decision made by the National People's Congress Standing Committee has made it clear on February 24, 2020 that comprehensively prohibiting illegal wildlife trade, eradicating the abuse of wild animals, and effectively guaranteeing people's health and safety, can effectively respond to the outbreak after several problems that people concern, but the function cannot replace the wildlife protection act. On the basis of the standard system of animal protection in the constitution, and in line with the standard of ecological civilization in the constitution, the amendment should be made based on the three-dimensional integration of animals, people and the country. Hence, specific Suggestions can be made for the revision of the wildlife protection law from the three dimensions of animals, people and the country.