Research On The Legal System Of Ecological Compensation In National Parks

In November,2013,The third Plenary Session of the 18 th CPC Central Committee,clearly put forward the idea of promoting the reform of the ecological civilization system with the pilot national park system as the starting point,According to the overall requirements of the CPC Central Committee,In January,2015,the Pilot Plan for establishing a National Park System was issued,to determine the establishment of ten national parks in Beijing city,Jilin Province,Zhejiang Province and other nine provinces(municipalities directly under the Central Government)pilot(in practice,The pilot provinces also added Sichuan,Shaanxi and Gansu provinces,In total,twelve provinces and cities),A three-year pilot program of the national park system will be launched.In 2017,the general office of the CPC Central Committee and the State Council jointly issued the overall plan to establish national park system.In 2018,institutional reform of the State Council form the national forestry and grassland bureau,and the national park administration brand.On October 12,2021,China announced at the Summit of the 15 th Congress of the Parties to the Global Convention on Biological Diversity the establishment of the first national parks,namely Sanjiangyuan,Giant Panda,Northeast Tiger and Leopard,Hainan Tropical Rainforest and Wuyi Mountain.From the above process,the pilot construction of national park system is becoming an important driving force to promote the reform and construction of ecological civilization system in China,and the ecological protection compensation system is a helpful system in balancing the economic interest and ecological interest,which is an important institutional guarantee for the construction of national park system.The construction of national park system is gradually being brought into the track of rule of law and institutionalization,but there are many problems both from the level of legal system and from the practical level.There is no basic law of national parks in China,and most of them are local regulations.There is a lack of legislation on ecological compensation,special legislation is missing,and the provisions related to ecological compensation are scattered in the basic law of environmental protection and some separate laws.Several national park pilot areas also only have the implementation measures of the national park ecological compensation mechanism formulated by the local governments in the form of normative documents.In 2010,the National Development and Reform Commission launched the drafting of the Ecological Compensation Regulations,but it has not been promulgated.From November 2020,the National Development and Reform Commission released the ecological compensation regulations(draft)" content,there is no separate terms for the national park compensation,and the subsidy mechanism only principle,specific compensation content by the State Council departments and the provinces,autonomous regions,municipalities directly under the central government people’s government.Although according to the provisions of the Legislation Law,local regulations have legislative power for some local affairs,but "not resisting the superior law" is the core principle of local legislation.At present,the national park management regulations and the implementation measures of ecological compensation promulgated by the pilot area do not follow the upper law,but they must face the embarrassing situation of "not resisting the upper law".In addition,due to the particularity of the national park environment,its management involves the wildlife protection law "forest law" law "water law" and many other laws and regulations,and the contradiction between the complex law cannot be coordinated by local legislation,as the law and how can overall guide scattered in the single law about the specific content of ecological compensation.Therefore,from the perspective of the practice of ecological compensation in national parks,there are many problems in legislation,management and implementation,which lead to the poor implementation effect of ecological compensation in national parks.We need to analyze and summarize the problems reflected in the practice of ecological compensation in the pilot areas of national parks,and put forward targeted suggestions for improvement.