野生动物致人损害的国家补偿责任探析

An Analysis on the State Compensation Liability for the Damage Caused by Wildlife

目前,我国野生动物致人损害的国家补偿责任制度存在诸多不足,在国家层面尚未进行专门的立法,不少地方政府对补偿流程及补偿金计算依据规定得较模糊。进一步明确地方政府补偿责任主体、增加野生动物保护财政资金投入、严格监督补偿金计算和发放以及补充受害人获得救济的形式将有利于受害人权益的实现。

At present in China, many problems arise in the state compensation liability for damage to people caused by wildlife, but there is not any legislation targeted at this respect, and local governments in some areas fail to define clearly the compensation process and sum. Therefore, it is necessary to stipulate that the local governments are the subjects of compensation liability, and meanwhile to increase financial investment for protection of the wildlife, supervise strictly the calculation and payment of compensation and add new remedies for the victims, which will be conducive to the realization of the victims＇ rights.