《物权法》视野下野生动物资源保护的理性选择

Reasonable Choice of Wildlife Protection under Civil Law

偏重于公法调整的《野生动物保护法》难以适应野生动物保护的新形势。笔者通过比较法考察,阐述了我国野生动物物权法调整的必要性与可行性,并建议未来民法典总则关于野生动物应作出一般性的规定。

Law on the wildlife protection which is inclined to public law is hard to adapt to the new circumstances, The necessity and feasibility of adjustment about the law of real rights on wildlife resources is stated by looking into the law in foreign countries. And it is suggested that the future civil code general principles should make the general regulation about wildlife.