Can wildlife injured people apply for compensation?The compensation method of terrestrial wild animals in Sichuan Province publicly solicited opinions

On September 28, the cover news learned from the Forestry and Grassland Bureau of Sichuan Province that in order to ensure that citizens, legal persons, and other organizations have caused personal injury and property losses due to terrestrial wildlife. Laws and regulations, combined with the actual situation of Sichuan Province, drafted the "Compensation Measures for the Mentoring (Draft for Soliciting Opinions)" in terrestrial wildlife in Sichuan Province, and are currently soliciting opinions.

How to apply for compensation? The draft of the solicitation of the comments proposes that the victim or agent shall promptly report to the people's government or street office of the country (town) people's governments or street offices in a timely manner, and protect the site to prepare for verification. If compensation for personal injury applications shall be submitted within 60 working days after the end of the rescue treatment; if the application for property loss is compensated, the application shall be submitted within 15 working days after learning the property damage.

In addition, if the draft of the solicitation of the opinion also proposes to report, take -up, and deceive compensation, the county -level people's government shall be ordered to refund the compensation decision; if the crime is suspected, the judicial organs shall be transferred to the judicial authority to investigate criminal responsibility in accordance with the law. If the parties do not accept the results of compensation for the results of compensation, opinions and compensation, or not compensation, they may apply for administrative reconsideration or file administrative lawsuits in accordance with the law.

Scope

The draft of soliciting opinions pointed out that in the administrative area of ​​Sichuan Province, these measures are applicable to government compensation (hereinafter referred to as compensation) for personal damage and property loss due to wild animals. The county (city, district), which has included compensation for wild animals into the policy insurance business, and the harm of wild animals that occurred in the administrative area under its jurisdiction, which does not belong to the scope of insurance contract compensation. These measures are applicable.

If the dynamic situation belongs to the scope of insurance contract compensation, the accident declaration, investigation, verification and identification, insurance claims, and other specific provisions comply with insurance contracts, and these measures are not applicable. However, for the same unanimous incident, the relevant departments should also accept the compensation application of the victim or their agents, and adopt the real amount or the degree of personal damage determined by the insurance company. If the amount of sexual insurance compensation, the difference between the government subsidy.

If wild animals that cause artificial breeding, operations, utilization and transportation cause personal damage or property losses, the main body of infringement liability shall be compensated by the infringement liability in accordance with relevant laws and regulations, and these measures are not applicable.

If laws, regulations, and rules have special provisions, it is stipulated.

Scope of compensation

If wild animals cause personal injury and property loss, if there is one of the following circumstances, compensation is given:

(1) Those who engage in daily life and production have taken the necessary prevention measures or those who perform the obligation to protect wildlife in accordance with the law, causing physical damage or death;

(2) Crops, forests, and crops under the land formed and operated in accordance with the law are damaged;

(3) Death of livestock and poultry and special breeding animals that are raised or undertaken and operated in accordance with the law or in accordance with the law;

(4) Destruction of production, living and living facilities and equipment that are used in legal construction and use;

(5) In order to avoid or reduce wild animals on the personal safety of citizens, emergency control or risk aversion measures will be taken to cause property losses;

(6) Other circumstances identified by the wild animal administrative department of the people's government at or above the county level.

The above (4) (4) and the other terms of these measures "greater damage" refers to the compensation amount calculated in accordance with these measures to exceed the starting point of the property loss compensation determined by the county -level people's government in the compensation rules.

Scope of compensation

If wild animals cause personal damage and property loss, if there is one of the following circumstances, no compensation is given:

(1) Active attack, teasing, or intentional harming wild animals;

(2) illegal activities such as illegal hunting;

(3) Entering the area forbidden to enter the natural protection place without authorization, or if it is not complied with the relevant management regulations of the protection place after approval;

(4) Crops, forests, and crops under the land of non -contracting and operating land are damaged;

(5) Raising livestock and poultry, special breeding animals on land that is not contracted and operated in accordance with the law;

(6) On -site verification cannot be identified as wild animals or the amount of property loss cannot be verified, and the parties cannot provide valid evidence;

(7) The wild animal administrative department of the people's government at or above the county level has determined that other circumstances are not compensated.

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