The Research On The Legal Problems Of National Park In China

Since the Third Plenary Session of the 18 th CPC Central Committee put forward the "constructing a national park system",the exploration and development of the national park system has been highly valued by the Central Government.At present,the construction of the national park system has entered a trial period,and the pilot work for various national parks is proceeding smoothly and has achieved a series of remarkable results.However,it cannot be denied that the establishment of the national park system still faces enormous difficulties and challenges.China is currently establishing a natural protection system that is classified and protected by sub-departments such as scenic spots,nature reserves,forest parks,geoparks,and wetland parks.This kind of sector-divided protection system is far from the requirements such as efficient and unified of the national park system.From the perspective of the development status of the national park pilot areas,various pilot areas generally face problems such as funding gaps,slow progress in the registration of unified natural resources,and not yet established mature and standardized franchise and agreement protection systems.The emergence of these problems is ultimately due to the fact that our country’s legislation on national parks is still blank,and the management system,capital operation,and resource property rights of the national park have not yet been clearly defined in legislation.In order to solve these problems,it is necessary to conduct an in-depth analysis of the legal nature of national parks,conduct in-depth research on the establishment mechanism,operation mechanism,and exit mechanism of national parks,and conduct in-depth discussions on the unified legislation and management system of national parks.In the comparative study of the national park system outside the country,we fully learn from the experience of the mature national park system and combine with China’s actual situation,and put forward operational suggestions: Firstly,establish a scientific legal system,including:clear national park legislation The principle is to deepen the legislative level and enact and promulgate a unified National Park Law.Secondly,establish a national ownership system.That is to clarify the national park property rights system,establish a unified national park registration system.Construct a national park public legal person system to better exercise national ownership.Thirdly,establish a national park management system with Chinese characteristics.That is,under the establishment of avertical management type management system,the basic framework of the national park is scientifically constructed,the establishment of the national park management organization and the relationship with the local government are clearly defined,and ownership,management,and management rights are divided into three rights to establish a unified structure.A standardized,efficient national park system with Chinese characteristics establishes a system of classified science and a strong protection of natural protected areas.