context: The invasion of alien species will seriously threaten ecological security. Yet currently, there is a lack of strong countermeasures, whether at the legislative, enforcement or judicial level. Experts warn that regulation of the transactions surrounding alien species should be strengthened.
In November 2022, a cockroach-like insect previously intercepted by the customs office at Zhongshan Port proved to be a new species. Strengthening law-based governance to prevent the invasion of alien species is once again a topical issue. Gao Lihong 高利红 Chinese Society of Environmental and Resources Law vice president pointed out that there are currently multiple barriers to judicial control of invasive alien species, including
- different norms providing different delineations of the scope of invasive alien species
- for example, the definition of invasive alien species in Criminal Law differs from that in Biosecurity Law and Yangtze River Protection Law
- difficulties in obtaining evidence
- the lack of judicial experience and guidance
- the offence of illegally introducing, releasing and discarding invasive alien species is a newly established offence
- the lack of mature rules for linking administrative law enforcement and criminal justice
Gao made several suggestions to improve the effectiveness of administrative law enforcement and justice, specifically
- setting up a mechanism like the 'river and lake chief system' to strengthen coordination between administrative authorities
- incorporating judicial organs as participating members
- enriching ways of assuming ecological restoration responsibilities
- setting up judicial restoration bases for the prevention and control of the invasion of alien species for perpetrators who are unable to find and catch the alien species they have released or discarded within the time limits needed to fulfil their ecological restoration responsibilities
- playing the role of public interest litigation
- administrative public interest litigation
- criminal incidental civil environmental public interest litigation
Yang Zhaoxia 杨朝霞 Beijing Forestry University Ecological Law Research Centre director noted that people's enthusiasm for 'exotic pets' in this new age has also led to the invasion of alien species. Yang suggested clarifying the legal liability for illegal sales and purchases of invasive alien species and strengthening the regulation of the express delivery industry.