Key Benefits:
(Act No. 104 of the People's Government Order No. 104 of 4 November 2004 No. 104, which came into force on 1 January 2005) Article 1 guarantees the right of citizens, legal persons and other organizations to obtain redress under the law for the protection of the physical property damage caused by the State and the provincial focus on the protection of land-based wildlife, in accordance with the Law on Wildlife Protection of the People's Republic of China, the National People's Republic of China's Land Wildlife Protection Regulations and the Methods for the implementation of the Act on the Protection of the Wildlife of the People's Republic of China in the province, to develop this approach in conjunction with the actual practice of the province. Article II, in the administrative region of this province, focuses on the protection of land wildlife (hereinafter referred to as the protection of wild animals) in one of the following cases, victims have the right to receive government compensation in accordance with this approach; and the right to receive medical treatment from the Government: (i) Persons engaged in daily life and production are inflicting physical injury or death when they take the necessary preventive measures or fulfil their obligations under the law to protect wildlife; (ii) The destruction of crops and economic forests planted in the context of production operations under the law; (iii) Injuring or dying of livestock from the community; (iv) Other cases identified by the forest administration authorities of the Government of the people at the district level. Article 3 focuses on the protection of physical injury and property losses caused by wildlife, and the Government does not assume responsibility for compensation: (i) To inflict injury or death on persons who have committed attacks and deliberately harmed the wild animals; (ii) The infliction of physical injury or death on persons carrying out illegal hunting or unauthorized access to natural protected areas; (iii) Damages caused by crops and economic forests planted outside the scope of production determined by law; (iv) Recreation, transporting units or individuals focusing on the protection of wildlife, causing physical injury or property damage to wild animals due to mismanagement; (v) Injuring or dying of pastoral livestock in the area of natural protection. Article IV focuses on the protection of wildlife and in accordance with article 2, paragraph 1, of this approach, the Government of the people of the town should immediately organize the rescue. The treatment or hospitalization needs to be continued after rescue, and should be treated by a medical agency designated by the Government of the District. The cost of saving treatment is verified by district-level forest administration authorities. Article 5 causes partial or total loss of labour capacity due to the particular protection of wildlife, and victims can apply for the identification of their labour capacity to provincial or district qualification institutions. The identification fee is paid by the victim. Upon review, it was found to be the case under article 2, paragraph 1, of the present scheme, for the first time, for the identification of labour capacity, which was reimbursed by the territorial Government's forest administration authorities. Article 6 focuses on the protection of property losses caused by wildlife, and victims require compensation for losses, and shall apply to the local district-level forest administration authorities within 10 days of the date of injury; The application includes: (i) The name, sex, age and place of the victim; the name, place of a legal person or other organization, or of a legal representative or principal head; (ii) Specific requirements, facts and grounds; (iii) The identification of labour capacities should be provided for in part or in total loss of labour capacity. Applications may be submitted in writing or may be made orally. An oral application shall record the main content of the application. Article 7 The survey should be accompanied by a record of investigation, such as the completion of the investigation registration form. On-site investigations have been completed within 10 days of the date of receipt of the request, with the identification of views and the re-entry of the executive authorities of the Government of the High-level People's Government. The executive branch, such as hygienic, finance and agriculture, at the district level, should assist the forestry administrative authorities in conducting investigations. Victims and their relatives should assist in investigating and providing relevant evidence. The registration form was compiled by the provincial Government's forestry and financial administration authorities. Article 8 provides a one-time indemnity in accordance with the following criteria, as confirmed by the authorities of the Government of Forestry at the district level by one of the conditions set out in Article 2 of this approach: (i) The amount of compensation is up to three times the per capita income for farmers throughout the province, owing to physical injury but the lack of labour capacity; (ii) The amount of compensation is up to 10 times the per capita income of farmers throughout the province, resulting in partial loss of labour capacity; (iii) A total loss of labour capacity, with a maximum of 15 times the per capita income for farmers throughout the province; (iv) Deaths caused by the amount of compensation (including funeral payment) for 20 times the per capita income of farmers throughout the province; (v) To destroy crops or economic forests, with more than 60 per cent of the total yield lost by households, and to compensate for 50 per cent of the price of the damaged production; (vi) Injuring livestock, the amount of compensation for the cost of the injury of livestock was reimbursed at the highest rate of 20 per cent of the value of the livestock; and compensation for the loss of livestock was 50% of the value of the livestock. Article 9 Emphasis has been placed on the protection of wildlife resulting in physical injury, health-saving fees and damage to the provincial financial burden of 80 per cent, 10 per cent of the urban, district- and district-level fiscal burdens, and the damage to agricultural crops, economic forests, livestock and livestock, damage to 20 per cent of the provincial financial burden of compensation, 40 per cent of the urban and district-level financial burden. The cost of damages and medical treatment cannot be diverted. The financial, auditing and administration of the people at the district level is governed by the law with respect to damages and medical treatment. Article 10 focuses on the protection of persons killed by wildlife and those who lose their labour capacity, whose family life is difficult, and relief is provided by the local civil affairs sector. Article 11. Restatements, deception of compensation charges, refunds of compensation by the executive authorities of the district-level people's forestry administration; severe circumstances impose fines of up to 200 dollars; alleged crimes are transferred to the judiciary. Article 12 Staff of the State violates this approach by providing administrative disposal by their competent authorities or by the inspectorate; suspected crimes are transferred to the judiciary in accordance with the law: (i) The use of job bribes and the payment of royalties; (ii) In favour of private fraud and misappropriation of compensation; (iii) Intentional harassment, delays and failure to investigate the serious consequences of the accidents at the prescribed time. Article 13. Specific administrative acts by parties against the administration sector may apply to administrative review or administrative proceedings in accordance with the law. Article 14 states and communes should take positive measures to prevent and control the harm caused by wildlife and to guarantee the safety of mass property. Article 15. This approach is implemented effective 1 January 2005. |
