研讨法学本科毕业论文.docVIP

　　研讨法学本科毕业论文 研讨法学本科毕业论文_李月关 导读：法学本科毕业论文-李月关 目 录 摘 要 ······································································································· 1 引 言 ······································································································· 1 1. 动物保护与致人损害矛盾初现 ··························································· 1 2. 野生保护动物致人损害法律制度的空白 ············································ 2 2.1. 国家立法 ···················································································· 2 2.2. 地方立法 ···················································································· 3 3. 我国野生动物致人损害国家补偿制度的立法现状 ···························· 3 4. 我国野生动物致人损害国家补偿制度的缺陷 ···································· 4 4.1. 补偿主体模糊不清 ···································································· 4 4.2. 补偿经费不足 ············································································ 5 4.3. 补偿机制不合理 ········································································ 5 4.4. 计算损害的标准不明 ································································ 5 4.5. 补偿制度实施性不强 ········································································ 6 5. 完善我国野生动物致人损害国家补偿制度的建议 ···························· 6 5.1. 明确补偿义务主体 ···· 3 4 5 6 研讨法学本科毕业论文_李月关 导读：法学本科毕业论文-李月关································································ 6 5.2. 明确补偿的标准 ········································································ 7 5.3. 明确补偿的程序 ········································································ 8 5.4. 补偿的资金保障 ········································································ 9 研讨法学本科毕业论文_李月关 导读：法学本科毕业论文-李月关失达6065万元，而得到政府的补偿的不到1/10。国家保护区的建立都选择在经济水平不发达的农村，保护区内的动物致人财产和人身伤害后，更加使当地居民的生活雪上加霜，居民欲哭无泪。 2. 野生保护动物致人损害法律制度的空白 2.1. 国家立法 目前我国还没有一部关于野生保护动物致人损害的专门法律,其中规定有关野生保护动物致人损害赔偿内容的法律条文仅见于我国1988年颁布的《中华人民共和国野生保护动物保护法》,其中，第十四条规定:因保护国家和地方重点保护野生保护动物,造成农作物或者其他损失的,由当地政府给予补偿,补偿办法由省、自治区、直辖市政府制定。 2 为保证该条具体实施,国务院己于1992年批准发布了《中华人民共和国陆生野生保护动物保护实施条例》,第十条规定：有关单位和个人对国家和地方重点保