野生动物损害林缘区居民利益的赔偿问题之探讨

Probe into the Problem of Indemnity to the Edge-forest Residents Caused by Wild Animals' Damaging

野生动物损害林缘区居民利益是一种常见的侵权现象。因其行为主体的特殊性决定野生动物损害赔偿的特殊性。我国在野生动物损害赔偿方面存在一些法律盲点 :林缘区居民因野生动物造成的经济损失得不到政府有效合理的赔偿 ;现阶段法律只关注当地居民的直接损失 ,而忽视对他们间接损失的关注 ;林缘区居民对野生动物的自卫权在现实中难以得到保障。针对我国野生动物损害林缘区居民利益的现状 ,提出两点建议 :一是兼顾林缘区居民利益和野生动物生存利益 ;二是建立以中央财政为主 。

It is a common tort for wild animals causing damage to the residents in edge-forest areas. Definitely, indemnity for damage caused by wild animals is different from other tort indemnities, due to distinction of the conducting subject. In our country, there are some problems about indemnity for damages caused by wild animals in edge-forest areas. The article discusses the law blind points on the problem of wild animals damaging wood area residents. The paper mainly focuses on the following blind points: The damage caused by wild animals can't be paid of the residents reasonably by the government; At present the law only cares about the direct damage. It is difficult to secure the self-protection right of the residents in reality and the article also proposes author's own opinions on the problems of payment, and the author also gives his two suggestions on how to balance the right of the residents and wild animals' living right. Secondly it is urgent to establish the complement system of non-government organization and depends on the central government system mainly.