Sun, Y. Research on the Rule of Law J. CUPL 5, 38â49 (2019). Hiron, M., Pärt, T., Siriwardena, G. M. & Whittingham, M. J. Species` contributions to individual biodiversity values underestimate the contribution of the community as a whole to a wider range of values to society. 8, 7004 (2018). New legislation has recently been drafted. In 1999, the EU strengthened the role of zoos in biodiversity conservation and committed to protecting native biodiversity and ecosystem services from invasive alien species as part of the EU Biodiversity Strategy until 2020. We also have legislation that regulates certain aspects of wildlife trade.
The Chinese government has recognized the risks of biodiversity loss and the importance of its conservation, and international expectations that China will play a leading role are high.73 The recent decision by China`s National People`s Congress to ban the trade and consumption of wild animals in order to curb the spread of the novel coronavirus SARS-CoV-274 also holds great potential for wildlife conservation nationwide through changes to the respective laws. These developments offer a unique opportunity to significantly strengthen the legal framework for the effective protection of flora and fauna in China, while avoiding excessively harsh penalties and providing a benchmark for the protection of biodiversity around the world, reflecting international responsibility. The Habitats Directive was adopted in 1992 to contribute to the conservation of biodiversity. It protects more than 1000 animal and plant species and more than 200 habitat types. In addition, the EU-wide network of Natura 2000 protected areas has been set up. ELI`s work to promote biodiversity protection is also linked to ELI`s Wetlands Programme. The colours under “Defects” and “Consequences” correspond to the components of the legal framework. Protected species are listed in the Catalogue of Wildlife under Special State Conservation (CW) and the Catalogue of Wild Plants under Special State Conservation (CWP) as a basis for law enforcement, which are governed by the Wildlife Protection Law of the People`s Republic of China (WPL) and the Forest Law of the People`s Republic of China (FL).
The catalogues also provide information on the judicial interpretation of several questions on law enforcement in the negotiation of criminal cases of destruction of wildlife resources (JIW) and the judicial interpretation of several questions on the specific application of the law in the negotiation of criminal cases for the destruction of forest resources (JIF), in which the number of damaged specimens is determined. Murder, transportation or sale to define the “gravity” of a crime (Text box 1). On this basis, the criminal law of the People`s Republic of China (CL) sets the standards of punishment. The Regulations on the Protection and Management of Wild Medicinal Resources (RWR) and the Regulations of the People`s Republic of China on the Protection of Wild Plants (RWP) define legal measures and responsibilities for the protection of biological diversity, but have no legal status. Instead, analogies with the judicial interpretation of several questions on the specific application of the law in the negotiation of criminal cases of destruction of forest resources are used. Gaps in the different aspects of the legal framework have a direct impact on biodiversity protection, balanced condemnation and the adequacy of deterrence strategies, but also indirect effects when, for example, an unbalanced condemnation leads to inappropriate deterrence strategies, which in turn can lead to a lack of biodiversity protection. Uncertainties in the application of the law, which are expressed, for example, by frequent revocations of sentences, can also lead to inappropriate deterrence on the one hand or a lack of protection on the other. The wildlife protection laws of these countries may be useful examples for China, but to comply with the principle of proportionality, motivational, educational and economic contexts, in particular a distinction between organized wildlife crime and individual violations, must be taken into account. Individual and organized crime are currently not distinguished in the criminal law of the People`s Republic of China.
