| In order to strengthen the construction of ecological civilization and improve China’s natural protected land system,the Nineteenth National Congress report clearly stated that it is necessary to "establish a system of natural protected areas with national parks as the main body".As one of the types of nature reserves,national parks have outstanding value for the protection of the ecological environment and the promotion of sustainable development.However,judging from the current situation of the development,management,and protection of China’s national parks,their due value has not been well reflected.The reason for this is that China’s current national park legislative philosophy,legislative objectives,basic principles,and basic institutional arrangements still have a certain gap with foreign countries.It has not fully reflected the relevant requirements of China’s ecological civilization system reform,and the national park legislation is not perfect.Therefore,it is necessary to improve the legislation of our national park from the perspective of ecological civilization.This article is divided into four parts.The first part mainly introduces the concepts and values of national parks,the development,management and protection of national parks in China,the development of national parks legislation in China,and reviews existing national park legislation,and analyzes national park legislation.The necessity and feasibility of perfection.The second part mainly examines the legislative development and legal system of the national parks in the United States,Germany,and France,and summarizes their useful experience.The third part is from the perspective of ecological civilization,and discusses the legislative concept,legislative orientation,legislation standard and value pursuit of China’s national parks from the perspective of ecological civilization.It also holds that in the perspective of ecological civilization,the national park legislation in China should adhere to the concept of multi-value,sustainable development and The legislative concept of the concept of the community of life,adhere to the legislative orientation of the ecological environmental protection law,adhere to the ecological rights and standards,and adhere to the pursuit of the value of interpersonal ecological justice.The fourth part puts forward sound opinions on China’s national park legislation from five aspects:the purpose of the legislation,basic principles,management system,funding guarantee mechanism,basic system,and legal consequences.It is believed that the aim of the legislation should not only be to perpetuate the natural protection of nature.And completeness,but also emphasize the strengthening of national parks environmental experience,environmental education,environmental research and other auxiliary functions;basic principles should adhere to the principle of protection priority,the principle of overall protection,the principle of sustainability and the principle of public participation;the management system should be set to a unified The management agencies should improve the management efficiency and quality.The financial support must be based on finance,and a reasonable allocation of the central fiscal and local fiscal payment ratios.The basic system must focus on improving the natural resources property rights system,access standard system,planning system,ecological compensation system,public participation system and permit system;legal consequences should pay attention to the combination of negative responsibilities and positive incentives,and enrich the form of responsibility and Administrative penalty. |