1 Guangdong University of Petrochemical Technology (Maoming, China)
Received: March 29, 2020 / Accepted: April 18, 2020 / Published: April 25, 2020
The Wild Animal Conservation Law that is revised by the Standing Committee of Guangdong Provincial People’s Congress stresses, on the one hand, the necessity of comprehensively prohibiting the eating of terrestrial wildlife according to law, and on the other hand, attaches great importance to the response to the social reality appeal and clarifies to make rational compensations to legal breeders for their actual loss. The local legislation on the wild animal conservation adopted in Shenzhen City and Zhuhai City of Guangdong Province clarifies the scope of application for the prohibition of eating terrestrial wildlife and the “white list” of edible animals, and thus stepping in the forefront for local legislation. It can be said that those local legislations above lay a solid foundation for the revision or the formulation of the legislation in connection to the ecological, environmental protection, and public health and safety at the state level and also builds a pleasant atmosphere for the rule of law. In consideration of the unexpected public health and safety issues, this paper stresses that it is essential to see both the surface problem in inadequate legal system supply and the underlying problem in lacking the “ecological man” value idea in the design of legal systems. The implication of the “ecological man” value can be teased from two dimensions that are standard (external) and idea (internal). In view of the so-called “standard” dimension, it attaches greater importance to the practical value of the “ecological man,” while in view of the so-called “idea” dimension, it highlights much more on the humanity value of the “ecological man.” The practical value of the “ecological man” attaches greater importance to that taking the “common interests of mankind and ecology” as the central value and also as the standard or criteria for the social activities, while the humanistic value of the “ecological man” advocates that the implication of the “ecological man” value lies in a humanistic care. Its value pursuit falls in the legal coordination for multiple interests, to relieve the contradiction and conflict between mankind and nature.
Keywords: COVID-19, wild animal conservation, ecological civilization, legal man mode, ecological man, implication of value, external standard, internal idea
Jiufu Lan (2018) Can you define the concept of value. China: Research on Contemporary Chinese Values, Vol. 4, 20-32.
Haocai Luo and Gongde Song (2009) Soft law is also law: public governance calls for soft law. China, Law Publisher.
Jiheng Wang (2014) An Outline of the Humanistic Spirit of Environmental Law. China, Social Sciences Press.
Jin Wang (2014) Environmental Law. China, Peking University Press.
Xianjing Wu (2010) The Theoretical Implication of Ecological Man and Its Significance to Environmental Law. China, Jurisprudence Review, Vol. 4, 97-103.
Bifeng Ye (2005) The humanistic spirit of administrative law. China, Peking University Press.
Chi Yu (2007) A New Explanation of the Old Question of Aesthetic Essence: Aesthetic “Implication” Theory. Theoretical circles. Vol. 12, 128-129.
Hui Zhang and Meiji Lin (2018) The Value Implication of “Community of Human Destiny” Based on Global Ecological Governance. Journal of Qiqihar University, Vol. 11, 8-11.
Zhen Zhang and Yiyun Zhang (2020) On the Construction of Ecological Security Rule of Law Guarantee System from the Perspective of Ecological Civilization in Constitution. Qiushi Academic Journal, Vol. 42, 36.
Zeyuan Zhuo (2001) General Introduction to the Value of Law. China, People’s Publishing House.