Establishment of the category of “wild animals” in Chinese legal texts

The legal scope of the term “wild animal” is closely related to the type and scope of protection. Academics discuss two positions regarding the legal definition of “wild animals”. The first position adopts a common-sense approach that categorizes animals as domestic in the home setting and wild when in the natural environment. The other position draws from the theory of evolution, adopts a scientific perspective, and defines “wild animals” based on their level of domestication. The scientific perspective is the uncontroversial choice for determining the legal scope of a “wild animal”. The legal scope of “wild animal” in wild animal protection and management regulations in various countries, regions, and international organizations can be summarized using definitional, enumeration, and exclusion approaches. The Chinese legal system has structural deficiencies in defining the legal scope of a “wild animal” and lags in establishing a comprehensive wild animal inventory system. This study proposes a legal definition of a “wild animal” that includes all animal species, except for traditional livestock and poultry listed in the National Catalog of Genetic Resources of Livestock and Poultry Genetic Resources, as well as domesticated dogs and cats. Second, the wild animal inventory system needs to be improved. In addition, it is imperative to enhance the wild animal traceability process. Improvements in the supervision and inspection of the use of specified markings are necessary. In addition, China should establish a recording and registration system for human-bred, non-state-key protected animals.