Study On The Protection Of The Rights Of The Original Residents In The Natural Protected Areas In China

The construction of natural protected areas in China has contributed a strong impetus to the construction of ecological environment protection.With the increasing of the scope and protection intensity of the natural protected areas,the protection of the rights of the original residents on the natural protected areas has become a problem that must be paid attention to in the construction of the natural protected areas.It is an internationally recognized experience that safeguarding the rights of the original residents on the protected areas is of positive significance to the development of the protected areas.This paper collects the cases of the damage of the rights of the original residents who live on the nature reserve,the typical cases and news reports of the conflict between the original residents and the construction of the nature reserve.In addition,relevant cases occurred in Inner Mongolia in recent years were found on the Chinese Judicial Document Online,and after empirical analysis of the above data,the status quo and existing problems of the protection of the rights of the original residents on the nature reserve land in China were summarized.The lack of scientific and rational management mode of protected natural areas is the existing problem in China’s current operation mechanism of protected natural areas construction,which will infringe on the rights of original residents in protected natural areas and cause conflicts between the construction of protected natural areas and the protection of original residents’ rights.The conflict is the conflict between the interest sharing mechanism and the property rights of the original residents.The conflict between the irrational division of functional areas of natural protected areas and the personal rights,property rights and cultural rights of the original residents.Conflict between management mode and original residents’ property right and participation right.Conflicts between ecological compensation system and existing residents’ right of survival and development and property rights.With the standardization of the system of protected natural areas by international conventions and the development of relevant laws and theories at home and abroad,China will pay more attention to the protection of the rights of original residents in the process of the construction of protected natural areas.Russia,the United States and Australia have a lot of advanced experience in the construction of natural protected areas.Russia uses the direct management mode of classified protection to reasonably divide the categories of natural protected areas and the functions and powers of the management agencies,so that all the lands with different functions on the natural protected areas can get their due protection,and their ecological and economic values can be fully demonstrated.The Porterley National Park in Australia is a true community co-management system that ensures the full participation of the original residents in the development decisions and day-to-day management of the protected natural area.The relatively perfect ecological compensation system in the United States effectively compensates the rights sacrificed by the original residents of the protected natural areas for the nature conservation and construction,and resolves the contradiction between the rights protection of the original residents and the construction of the protected natural areas.In addition to the experience of foreign countries,China has accumulated valuable experience in the protection of the rights of the original residents in the practice of the pilot construction of natural protected areas.The excellent practice of the Jiaozi Mountain Nature Reserve and the Sanjiangyuan Nature Reserve in Yunnan Province are the examples,which are more in line with the national conditions of China.Combined with the above research,our country can be through the following path for protecting the rights of the original residents protected nature: first,through the clear benefit sharing mechanism in the main body status of the original residents,benefit sharing scope,principle of benefit sharing and participate in ways to improve the system of natural protected area of revenue management,to ensure the original residents’ property rights.Second,considering geographical natural conditions,social factors,set up a goal,to the degree of tension and natural reserve of the original residents need of functional areas,on the basis of clarifying natural protected area management institution,establish a unified,hierarchical management system,in order to the original residents of property rights,personal rights and cultural rights protected.Third,by building a legal norm system of community co-management,resources as a whole to perfect the property right system,the implementation of public participation and social education mechanism,the construction of condominium mechanism,reasonable allocate reserve the rights and obligations under the original residents and management organization,perfecting the information disclosure system to optimize the public participation and community co-management system,make the property rights and participation of original residents get effective guarantee.Fourth,promote the confirmation and registration of natural resources,clarify the scope of ecological compensation subjects and compensation subjects,enrich ecological compensation modes,promote the diversification of ecological compensation subjects,and improve the management mechanism of ecological compensation.Effectively promote the ecological compensation work,build the horizontal ecological compensation mechanism of natural protected areas,accelerate the introduction of "Ecological Protection Compensation Regulations" to improve the ecological compensation mechanism of original residents,so as to protect the survival and development rights and property rights of original residents.