What if the state protects animals and hurts people?
Regarding the issue of compensation after injury, China's current Wildlife Protection Law and Regulations on the Management of Terrestrial Protected Animals stipulate that injured animals must meet two preconditions before they can get compensation:
First, the incident occurred in a wildlife reserve;
Second, the parties were injured in the process of protecting animals. As for compensation for animal injuries in non-wildlife reserves and not for the protection of animals, the state has no clear standards, and it only treats them as accidents, and the losses suffered can only be borne by itself.
Extended data
Related news: the panda was rounded up and the villagers were bitten and fractured, and the villagers were compensated 400,000 yuan.
Lanzhou, 2065438+August 20, 2005. On the 20th, the Higher People's Court of Gansu Province disclosed that the civil case of wild giant pandas wounding in Liziba Village, Bikou Town, Wenxian County, Longnan, Gansu Province two years ago was concluded by Wenjing County People's Court.
On March, 2065438 1 day, a wild giant panda was frightened and bit a 68-year-old villager Guan Mou in Liziba Village, Bikou Town, Wenxian County, which is known as the hometown of giant pandas. After examination, the fracture of the right leg and ankle and the open comminuted fracture of tibia and fibula were found.
Subsequently, regarding the injury and follow-up treatment, in the case of fruitless negotiation, a relative of Guan sued Wenxian Forestry Bureau and Baishuijiang National Nature Reserve Administration of Longnan City to Bikou Court of Wenxian People's Court on 20 15.
This case is the first civil case accepted by Wenxian People's Court, which is caused by wild protected animals. In this regard, Bikou Court opened a green channel for filing a case and took an oral prosecution to register and file a case.
After filing the case, the case undertaker carefully reviewed the materials submitted by both parties and the relevant laws and regulations involved in this case. He found that the two sides had no objection to the facts of the case, and the existing dispute was only the compensation part, so he decided to hold a court session to mediate the case.
The wen county People's Court held a court session to mediate the case, which lasted 8 days from filing, mediation to execution. Gansu Provincial Forestry Department, Gansu Baishuijiang National Nature Reserve Administration, Wenxian Forestry Bureau and other departments appointed special personnel to participate in mediation.
Wenxian County is located at the southernmost tip of Gansu Province, bordering Sichuan and Shaanxi, and in Qinba Mountain area, which is the southern gate of Gansu Province. The local area has the reputation of "Xishuangbanna" in Gansu and is also the "hometown of giant pandas". The number of giant pandas in Baishuijiang National Nature Reserve accounts for about one tenth of the national total.
People's Daily Online-The panda was rounded up and the villagers were bitten and fractured, and the villagers were compensated 400,000 yuan.
China People's Congress Network-People's Republic of China (PRC) Wildlife Protection Law