Research On The Collaborative Governance Of National Parks Legal Mechanisms In China

The construction of the natural protected area system with national parks as the main body is an important part of the reform of China’s ecological civilization system.From the promotion of the pilot reform of national parks to the formal establishment of the first batch of national parks,the construction of national parks in China has always been highly valued by the party and the state.Among them,how to incorporate multiple subjects including ruling party,governments,franchise enterprises and community residents into the governance system,give play to the complementary advantages in the governance of national parks,and build a normalized governance mechanism is an important theoretical proposition.As a way of social governance to deal with complex public problems,collaborative governance provides a new solution for safeguarding the public interest of society.With the gradual deepening of collaborative governance research,different stakeholders have been included in the scope of governance,which has played a key role in the protection of ecological and environmental resources.Based on the beneficial experience of existing theories,this paper applies collaborative governance to the field of national parks to balance the social,ecological and economic interests behind it.The collaborative governance of national parks has a rich theoretical basis,involving Xi Jinping Thought on Ecological Civilization,synergy theory,and collective action theory.The collaborative management of national parks has three theoretical characteristics.First,the governance of national parks has diversified characteristics.Ruling party,central and local governments,the National Park Service,franchisees,community residents,and the public are all stakeholders in national park governance.Second,national park governance follows a normative source of diversity.In the early stage of the pilot and development process,relying on the vigorous promotion of national policies,the gradual establishment and improvement of the process through the guidance of laws,regulations,rules and other different norms,at the same time,Intra-Party Regulations and social norms have become an indispensable part of the process of national park governance.Third,the governance methods of national parks are synergistic,and the interaction,exchange and coordination between multiple subjects through horizontal or vertical coordination are carried out to form a synergy of governance.Through the analysis of the main body,governance norms and governance methods,and then examining the practice of pilot construction of national parks in China,it is found that there are problems of overall dispersion and partial collaboration in the process of national park governance,which affects the overall promotion of collaborative governance.Specifically,it is manifested in four aspects: First,the superior law of national park governance is lacking,and the current governance work is based on policy documents and local regulations,and even normative documents,and the normative effect is relatively low.Second,in terms of comprehensive law enforcement of resources and environment,there are problems such as unclear comprehensive law enforcement authority,inconsistent law enforcement agencies,and uncoordinated law enforcement coordination mechanisms.Third,at the level of multiple governance subjects,we are faced with the lack of consensus among governance subjects,insufficient coordination among governance subjects,and the expected effectiveness of governance is not significant.Finally,in terms of the coordinated governance mechanism of national parks,defects such as insufficient incentive mechanism,poor participation mechanism,and weak accountability mechanism need to be improved.From a worldwide perspective,the national park system began with Yellowstone National Park in the United States and unfolded worldwide.In the 150-year history of national park development in the United States,a relatively mature vertical management system of national parks has been formed,and its complete legal system,perfect concession and protection easement system,and sufficient funding sources have ensured the promotion of coordinated governance of national parks.Australia’s national parks are managed separately by the states,with a total of more than 500 national parks established in the six states under its jurisdiction.The country’s national parks adopt a joint management model,and the management authorities attach great importance to and correctly handle the relationship with local communities,making the national parks flourish in the field of nature conservation in Australia.The Taiwan region of China has accumulated certain experience through exploration and practice in the construction of national parks and nature conservation,especially in handling the relationship between management institutions and indigenous residents,and the collaborative co-management governance model established is worth studying and referenced.On the basis of learning from the experience of extraterritorial national park governance,combined with the actual situation of the pilot reform of national parks in mainland China,we will try to build a normalized collaborative governance mechanism in the process of national park governance.The mechanism requires the establishment of communication and coordination,balance of interests,information disclosure and sharing,and constraint supervision mechanisms in accordance with the structural relationship between various governance elements within the national park and in accordance with the operation mode of collaborative governance.Specifically,the communication and coordination mechanism includes a collaborative co-management system,a cross-regional and cross-departmental coordination mechanism,especially a joint meeting mechanism between the bureau and the province;the interest balance mechanism involves the concession community feedback mechanism,the ecological protection compensation mechanism,and the ecological product value realization mechanism;the information sharing mechanism is expressed through information disclosure and sharing;and the constraint supervision mechanism is mainly manifested in social participation system,environmental public interest litigation system,and environmental accountability system.The collaborative governance mechanism of China’s national parks emphasizes the interaction and cooperation between multiple subjects,and finally achieves the goal of high-quality development of national parks through coordinating the interests of different subjects,obtaining recognition,reaching consensus,and then through exchanges and collaboration,and implementing collaborative governance.In view of the problems exposed in the early pilot,construction and governance of national parks,based on the obstacles in the construction of collaborative governance mechanisms,this paper proposes the following measures to improve: First,in the source of governance norms,it is necessary to promote the process of national park rule of law,improve the system of party norms,national policies and social norms,and ensure the steady progress of collaborative governance at the institutional level.Second,in terms of governance subjects,clarify the division of responsibilities and the distribution of powers and rights of subjects,and build a multi-subject governance system.Third,Pay attention to the interaction and collaboration between governance entities,and establish an incentive mechanism for collaborative governance evaluation.Fourth,strengthen the accountability mechanism of collaborative governance from the two aspects of hard law responsibility and soft law responsibility,and deepen the social supervision system including third-party evaluation.