摘 要

随着经济的快速发展，我国生物入侵问题愈发严重。虽然我国陆续制定并修改了一系列法律法规和规范性文件以应对生物入侵问题的挑战，但是由于许多缺陷的存在，不能很好的起到防范作用。本文运用对比研究的方法，通过研究我国目前生物入侵现状及立法现状，对比各国以及国际上有关生物入侵的立法实践，认为我国防范生物入侵存在缺少一部专门立法，立法目的和法律制度不完善，公众参与程度不够的问题。因此本文从立法目的，基本原则，管理体制，法律制度以及法律责任五个方面对我国防范生物入侵问题进行立法构想。

关键词：生物入侵；外来物种；生态安全；

Abstract

With the fast development of economy,the problem of biological invasion becomes more serious in China.Although China has formulated and modified a series of laws,regulations and normative documents,in order to cope with the challenges of biological invasion,because of the existence of many defects,it can not play a good role in prevention.This paper uses the method of comparative study,by studying the current situation and the current legislation of biological invasion in China,the contrast on national and international related legislation of biological invasion,we believe that the prevention of biological invasion in China is lack of a specific legislation,the legislative purpose and the imperfect legal system are not perfect,the degree of public participation is not enough.Therefore,this article from the legislative purpose,basic principles,management system,legal system and legal responsibility of five aspects to put forward construction of legislation about biological invasion in China.

Key Words：Biological invasion；Alien species；Ecological Safety

目 录

1. 生物入侵概述 ·············································································· 1

1.1 生物入侵的概念 ········································································ 1

1.2 生物入侵的特征 ········································································ 1

1.2.1 潜伏性 ················································································ 1

1.2.2 阶段性 ················································································ 1

1.2.3 多样性 ················································································ 2

1.3 生物入侵的途径 ········································································ 2

1.3.1 有意引进 ············································································· 2

1.3.2 无意引进 ············································································· 3

1.4 生物入侵的危害 ········································································ 3

1.4.1 威胁生态安全 ······································································· 3

1.4.2 影响经济发展 ······································································· 4

1.4.3 威胁人体健康 ······································································· 4

1. 我国防范生物入侵现状及存在问题 ····················································· 5

2.1 我国生物入侵现状 ····································································· 5

2.2 我国防范生物入侵的相关法规 ······················································ 6

2.3 我国防范生物入侵存在的问题 ······················································ 8

3. 国际防范生物入侵的立法实践及启示 ················································ 9

3.1 各国关于生物入侵的国内立法 ······················································ 9

3.1.1 日本防范生物入侵的立法现状 ·················································· 9

3.1.2 澳大利亚防范生物入侵的立法现状 ············································ 9

3.1.3 新西兰防范生物入侵的立法现状 ··············································· 10

3.1.4 美国防范生物入侵的立法现状 ·················································· 10

3.2 国际上关于防范生物入侵的国际公约 ·············································· 10

3.3 立法借鉴及启示 ········································································· 11

4. 构建我国防范生物入侵的法律框架 ···················································· 13

4.1 立法目的 ·················································································· 13

4.2 基本原则 ················································································· 13

4.2.1 风险预防原则 ······································································ 13

4.2.2 责任承担原则 ······································································ 14

4.2.3 生态优先原则 ······································································ 14

4.2.4 公众参与原则 ······································································ 15

4.2.5 全程控制原则 ··································································· 15

4.3 管理体制 ············································································· 15

4.4 法律制度 ············································································· 16

4.4.1 行政许可制度 ··································································· 16

4.4.2 跟踪监测、控制制度 ·························································· 16

4.4.3 责任追究制度 ··································································· 17

4.4.4 风险评估制度 ··································································· 17

4.5 法律责任 ·············································································· 18

结论 ·························································································· 20

参考文献 ····················································································· 21

致谢 ··························································································· 22

1. 生物入侵概述

1.1 生物入侵的概念

目前在各国有关生物入侵的相关立法中，对生物入侵的概念并没有一个统一的定义。被引用的最为广泛的是世界自然保护同盟（IUCN）下的定义，他们认为，外来物种是指“出现在其过去或现在的自然分布范围及扩散潜力以外(即在其自然分布范围以外，在没有直接或间接的人类引入或照顾之下而不能存在)的物种、亚种或以下的分类单元，包括其所有可能存活、继而繁殖的部分、配子或繁殖体”。外来入侵物种则是指“己经在自然或半自然生态系统或生境中建立了种群，成为改变和威胁本地生物多样性的外来物种”。^[1]其有关专家对此作出的解释是生物入侵本质上其实是一种“生物移民”，即外国物种来到异国他乡后，既有了广阔的生存空间以供繁衍，又失去了天敌的制约，因而逐渐在当地生态环境中成为一种“优势物种”，而本地物种则受其影响大量减少乃至灭绝，这便是生物入侵。

由此可知，生物入侵包含有两层定义：一是造成生物入侵的物种应当是外来、非本土的；二是该物种在当地的自然或者人为的生态系统中繁衍，建立种群定居以及扩散，对当地的生态环境造成一定的影响并且破坏了本土的生物多样性。