On the Perfection of China's Wildlife Protection Law after China's entry into WTO Song-Lin Huang Abstract: With the development of the situation, especially the entry into WTO and the further improvement of the socialist market economic system, China's current wildlife protection law can no longer meet the needs of wildlife protection and management in the new period. This paper discusses the main problems existing in this law and puts forward the corresponding countermeasures. Key words: WTO wildlife protection law to improve China's current wildlife protection law was promulgated in 1988 1 1.8, which is the first law specifically for wildlife protection in China since the founding of the People's Republic of China. It has played an important role in regulating wildlife protection and management in China. However, with the change of wildlife resources in China and the development of social economy, politics, law and culture, especially China's accession to the WTO and the further improvement of the socialist market economic system, this law has become increasingly unable to meet the needs of wildlife protection and management, because there are a series of problems that need to be improved in terms of legislative guiding ideology, specific provisions and legislative technology. First, several major problems in the legislation of wildlife protection law (1) The guiding ideology of legislation is backward. The guiding ideology of legislation refers to the ideology or consciousness that legislators follow in the process of creating laws, which dominates the formulation, revision, supplement, perfection and abolition of laws. The guiding ideology of legislation always adapts to the fundamental tasks and central work of the country in a certain period or stage. The general guiding ideology of China's current legal system is the basic line of Deng Xiaoping Theory and the Party. The formulation of specific laws and regulations should be guided by this idea and obey and serve a series of basic principles such as "taking economic construction as the center" established by this guiding ideology. Although the wildlife protection law belongs to the category of natural resources law and has its particularity, as a member of China's legal system, its overall guiding ideology should not be an exception. This law protects wildlife resources, maintains ecological balance, realizes the sustainable utilization of wildlife resources by society, and serves the sustainable development of the country and society. Its legislative purpose ultimately lies in the word "development". However, in terms of specific guiding ideology, this law has obviously lagged behind the needs of the times, mainly as follows: 1. The bondage of planned economy thought. The formation process of this law coincides with the planned economy period, which is full of the color of planned economy in the whole and part, resulting in the inflexibility of wildlife management and protection mechanism. On the one hand, the law stipulates that wildlife resources belong to the state, which seriously restricts the enthusiasm of protectors, developers and users; On the other hand, there are too many restrictions on research, protection, development and utilization, and too few social forces participate. For example, Article 4 of the Law stipulates that the State encourages scientific research on wild animals. However, this kind of scientific research has not introduced the market mechanism, nor has there been any specific incentive or guarantee measures. Moreover, in practice, this kind of research is often carried out by public institutions, and enterprises with certain economic strength participate too little. Secondly, there are limitations in promoting protection with protection. At present, the protection of wildlife resources in China is mainly based on protection, not utilization. The so-called protection to promote protection, that is, mainly rely on national special funds to protect. This is a kind of electrostatic protection. This has caused a series of problems that limit long-term effective protection. For example, protection funds are insufficient and enthusiasm is not high. Promoting protection through utilization refers to the method of using wildlife resources to create income and then using this income for protection. The funds for wildlife protection and management in China are generally provided by the state. In addition, there are at most some private donations or international assistance. Although some localities or units put the profits from the operation of wild animals and their products into the management and protection of wild animal resources, this measure of promoting protection and management through utilization is only advocated in policy at present, but not encouraged in legislation, so it lacks universality in practice, especially in some national nature reserves. Generally speaking, the thought of planned economy still runs through and affects all parts of the law, restricting the flexibility and effectiveness of wildlife resources management, protection, development and utilization, thus restricting the protection of wildlife resources. 2. Pay more attention to protection, rather than the bondage of traditional ideas. Protecting wildlife is the basic goal of wildlife protection law. Only through protection can we ensure the sustainable utilization of this resource. However, this idea of paying attention to protection has been emphasized too much, and even this law is named after the word "protection", and the concept of utilization is too little. In fact, wild animals need not only protection, but also utilization. This idea of over-protection and under-utilization often leads to unreasonable utilization and under-protection in practice. Even if it is used to a certain extent, there is no guarantee that it will really promote protection. Of course, this tradition of attaching importance to protection has its social and historical reasons and certain rationality. For example, at that time, wildlife resources were seriously damaged, the types and quantities of resources showed a downward trend, and the influence of traditional natural ethics and so on. However, in the environment of socialist market economy, this idea of paying too much attention to protection restricts the protection of wild animals. For example, some kinds of wild animals (such as Chinese alligator) are under special state protection. Thanks to the effective protection of the country, it has made great progress, and now there is no problem of endangered or extinct species. However, due to the shackles of the idea of attaching importance to protection and neglecting utilization (which is also closely related to international pressure), the restrictions on the development and utilization of this species have not been released or changed in law, so that resources cannot be transformed into benefits, and only inputs have no output, which is unnecessary. Since the promulgation of this law, great changes have taken place in China's social economy, legal system, natural environment and wildlife resources. Although the law should maintain certain stability, it should also reflect the changes in the objective situation in a timely manner and give consideration to certain flexibility. However, the law has not been revised once, so it cannot meet the objective needs of wildlife management and protection at present. (2) Adjust the one-sidedness of the object 1. Adjust the one-sidedness of social relations. The Law on the Protection of Wild Animals achieves the purpose of coordinating the relationship between human beings and wild animals by adjusting social relations, so as to realize the sustainable utilization of wild animal resources. This social relationship is formed in the process of management, protection, development and utilization of wildlife resources, that is, any social relationship formed by activities that can affect the survival and development of wildlife, such as management, protection, development and utilization, should be included in the scope of adjustment of this Law. However, the law only emphasizes the relationship between protection, domestication and breeding, development and utilization as the adjustment object, but not the relationship between wildlife management as the main adjustment object. The so-called wildlife management relationship refers to the social relationship generated by the wildlife administrative department in the process of exercising its corresponding management authority. Article 2, paragraph 1 of the law stipulates: "This law must be observed when engaging in wildlife protection, domestication, breeding, development and utilization activities within the territory of People's Republic of China (PRC)." This clause does not explicitly include the wildlife management relationship in the scope of adjustment. Although there are some regulations on management in Article 7, 10, 15 and 16, these regulations are only about the division of managers and management authority, but they are not specific to how to manage and what procedures to manage. This situation is likely to lead to a series of problems in practice, such as arbitrary management, inconsistent management objectives and norms, great influence of human factors, and inability to effectively protect the legitimate rights and interests of the relative person, which does not meet the requirements of long-term protection and rule of law of wildlife. It can be said that this management relationship should first be adjusted in the wildlife protection law, because the primary link of wildlife protection is the management of the state. To make this management science effective, it must be brought into the track of legalization. The core of governing the country according to law is administration according to law, and the core of protecting wild animals should naturally be management according to law. In practice, the unilateral adjustment of social relations by the current wildlife protection law easily leads to more obligations and less rights of the relative person, while the managers have more powers and less obligations. For example, according to this law, if the counterpart violates the regulations, it may bear various responsibilities such as fines, detention and compensation. Articles 3 1-37 all specify the legal liability of the counterpart, but Article 38 only specifies the responsibility of the manager in an abstract way: if the manager neglects his duty, abuses his power or engages in malpractices for personal gain, he shall be given administrative sanctions by his unit or the competent authority at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law. Strictly speaking, this is not the responsibility of managers, only for managers' staff. According to this abstract regulation, its responsibility is often lost. This not only can't strengthen the sense of responsibility of managers, but also is not conducive to the management and protection of wild animals, and it is not in line with social equity.