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Alien species invasion law [legal analysis of alien species invasion in China]
Abstract: The introduction of exotic species is a "double-edged sword". They help to solve environmental problems and enrich people's lives, but they also bring various hidden dangers. Many alien species have evolved into invasive species, which have caused great harm to China's economy and ecological environment. Due to the lack of special legislative measures and supporting mechanisms, as well as people's lack of correct understanding of the problem of alien species invasion, the problem of species invasion has intensified, which has seriously affected China's biodiversity and social and economic life. Based on the current situation of China's legal regulation and drawing lessons from the practical experience of foreign legislation, this paper will put forward constructive suggestions on alien species invading China in order to better protect the natural ecosystem and social and economic order.

[Keywords:] alien species invasion method

On July 7th, 20 12, a "piranha wounding incident" occurred in Liuzhou, Guangxi, China. A local resident was bitten by three fierce fish in Liujiang. According to the investigation, this "piranha", commonly known as piranha and piranha, originated from the Amazon River. It is a carnivorous freshwater fish, which is aggressive. It was first introduced to China as a tropical ornamental fish, which has strong adaptability and lacks natural constraints and natural enemies. After being abandoned in the wild, it quickly multiplied and eroded the local ecological environment. This incident once again turned people's attention to the problem of alien species invasion. With the external development of China's market economy, the phenomenon of alien species invasion is also on the rise, which has caused very serious natural ecological problems and social environmental problems in China. 20 12 On June 4th, Vice Premier Li Keqiang of the State Council convened the first meeting of the National Committee for Biodiversity Protection of China, pointing out the problems faced by China in biodiversity, and at the same time, controlling the invasion of exotic species and protecting rare species. It can be seen that controlling the invasion of alien species has become a widely discussed topic in all walks of life, including the government. However, if the introduction and entry of alien species are not strictly regulated by legal means, this problem cannot be effectively solved.

First, the way and harm of alien species invasion

What exactly is alien species invasion? IUCN once defined alien species invasion as biological invasion, which refers to the process of alien species establishing independent populations in natural, semi-natural ecosystems or ecological environments and threatening local biodiversity. From this, we know that alien species invaded the local ecosystem and established species groups, which broke the original ecological balance and affected the local social and economic environment.

1. Ways of alien species invasion

According to whether there is human behavior involved in alien species invasion, it can be generally divided into natural factors and human factors. Invasion of alien species caused by human factors can also be divided into intentional introduction and unintentional introduction according to subjective intention.

(1) natural deposit

Natural introduction refers to the migration and diffusion of a species to areas outside the original distribution area with the help of natural forces or through specific media, and the establishment of a population by breeding to join the ecosystem outside the original distribution area, changing the original local natural landscape or causing damage to the local biota. For example, avian influenza virus can spread to many parts of the world through the migration of migratory birds.

(2) Intentional introduction

Intentional introduction refers to the transfer of a species to areas outside its original distribution range (including authorized or unauthorized activities) for certain needs or other purposes. This is the most important inducement of alien invasion. These invasive species have broken through the original living environment and food chain, and have been flooded without the restriction of natural enemies. Generally speaking, plants are used as pasture or feed, as ornamental plants, for greening landscapes or introducing medicinal plants; Introduced as a demand for pets or animal species exhibited in zoos.

(3) Unintentional introduction

Unintentional introduction refers to the unintentional introduction of a species through human beings or human vehicles, and its transfer and diffusion to places outside its original distribution area. Although this kind of introduction is caused by human behavior, there is no active will subjectively. Just unconsciously rely on human trade exchange activities, transportation (trains, cars, ships, planes), tourism and transportation, building development, express delivery of goods or services, mailing letters, etc. , mistakenly carrying alien invasive species, such as pine wood nematodes that enter China with imported goods.

2. The harm of alien species invasion

(1) Destroy the ecosystem

In the past 50 years, human beings have lost hundreds of thousands of species due to the invasion of alien species. While plundering local resources, these invasive organisms form a large-scale single-superior community through exclusion and competition, which impacts the local ecosystem. For example, after the introduction of wheat-ear fish and tiger fish, they feed on local fish eggs, resulting in a sharp decline in local fish. Invasion of alien species can also disrupt biological genes. For example, some vegetation communities will be infiltrated by invasive species, leading to inbreeding or genetic variation; Some invasive species will also cross with native species, causing irreparable losses. The invasion of alien species will also destroy the landscape and eventually change the original local natural features.

(2) Causing economic losses.

The annual economic loss caused by the invasion of alien species in China is 57.4 billion yuan, and the control fee of Liriomyza sativae is 450 million yuan. The United States, India and South Africa have announced that their economic losses caused by alien invasive species are all above $80 billion. Britain has invested $344 million in weeding.

(3) Threatening human health

Many infectious diseases in human society come from species invasion, and these invasive species are virus carriers or pathogens, which seriously endanger human health and living environment. Poisonous wheat invaded China, which not only reduced the yield and quality of wheat, but also easily paralyzed the central nervous system of animals after eating it by mistake, causing poisoning, and even mild symptoms such as dizziness, coma, vomiting and spasm. In severe cases, the central nervous system is paralyzed or even dead.

Second, foreign legal measures to prevent the invasion of alien species

Japan 1

Japan's island-like topography makes its ecosystem more fragile. Some alien species establish populations by competing and crowding out local species, and even cross with local species, which not only destroys genes, but also produces organisms that are more difficult to destroy. Some poisonous and aggressive species also do harm to human life or health, seriously affecting people's life and economic development. Therefore, the Japanese government pays special attention to protecting the natural environment. In Japan, alien species are divided into invasive alien species, unclassified alien species and creatures that do not need to be named, and different measures are taken. Before 2004, there was no separate legislation on the invasion of alien species in Lu Haiyang, but it was scattered in various laws, such as Plant Protection Law, Regulations on the Quarantine of Imported Plants, Law on the Prevention and Control of Infectious Diseases of Livestock, Law on Natural Parks, Law on the Control of Farmland Soil Pollution, Forest Law, Law on the Protection of Natural Environment, Law on the Protection and Feeding of Animals, and environmental characteristic measures at home and abroad. The Law on Alien Invasive Species, which came into effect in June 2005, was promulgated in June 2004, stipulating that the release of alien invasive species is prohibited, clearly stipulating the rights and obligations of prevention and control institutions in the process of implementing prevention and control measures, and making detailed provisions on the responsibilities of saboteurs, compensation measures and sources of funds in the process of prevention and control. For unclassified or qualitative alien species, the competent minister is required to make a ruling within 6 months before import, otherwise the import is prohibited. Clear punishment decisions have also been made for individuals and institutions that "cause trouble".