Study On Legislation System Of Protected Areas In China

Protected areas are legally established and clearly demarcated natural geographical Spaces that carry biodiversity,preserve natural resources and natural relics,and maintain national ecological security.They are crucial to the sustainable development of human society.Protected areas for the human survival and development not only provides abundant species resources,its rich and unique natural relics and beautiful natural scenery and can meet the demand of human touring,the primary purpose of setting up nature reserve is to protect,but investigate its fundamental is to realize social public interests,the wealth of the protected areas belongs to all mankind.China’s protected areas are vast and numerous,with almost all types of ecosystems.For a long time,China has managed and protected the relevant ecological sensitive areas by establishing nature reserves,which has played a positive role,but at the same time,some chaotic situations such as repeated setting of nature reserves,chaotic management and unclear planning have emerged.Since the reform of the ecological civilization system,the central government has put forward a new proposal to build the protected area system in a holistic and systematic way,and at the same time proposed to strengthen legislative research to provide legal guarantee for the construction of the protected area system.Establishing a scientific and effective legislation system for protected areas can not only maintain natural ecosystem and biodiversity,but also correspond to the concept of building a country under the rule of law.After years of development,the current legislation system of protected areas in China is mainly characterized by the combination of typed departmental legislation and relevant provisions.Most of the legislation in the field of protected areas is administrative regulations and rules formulated by administrative organs,while "one district and one law" is formulated locally.A large number of administrative laws and regulations provide legal basis for protected areas,but there are also corresponding deficiencies.As a geographical area,protected areas is not limited to a single administrative space,but involves the problem of cross-regional protection,that is,the lack of corresponding coordination mechanism.Moreover,the existing legislation is scattered,and the protected areas tends to realize the unified protection of regional ecological environment,so the existing legislation can not realize the overall regulation of the protected area.In addition,the legislation of different administrative departments always starts from the interests of their own departments,which is difficult to realize the overall interests and is not conducive to the implementation of the concept of protection first.To perfect the legislation system of protected areas in Our country,we should first clarify the guiding ideology of the legislation system of protected areas in our country,that is,to realize the overall protection of natural ecosystem and establish the basic principle of protection priority.At the same time,according to the practical experience of China’s protected areas,it is determined that the comprehensive legislation system is the path to perfect the legislation system of China’s protected areas.The central level has formulated the basic law of protected areas,defined the core system and basic principles of protected areas,and provided value guidance for other types of protected areas.In addition,special legislation on protected areas has been revised and improved.The National Park Law is under formulation,and the Regulations on Nature Reserves and natural parks have been revised and the Regulations on Natural Parks have been formulated.At the local level,"one district,one Law" plays an important role in practice.In the case of the comprehensive perfection of the upper law,local legislation has detailed provisions on specific types of protected areas according to local conditions,which is bound to provide more comprehensive and perfect protection for protected areas.In addition,other legal norms in the area of environmental and resource protection provide corresponding legal basis for protected areas in pollution prevention and control,resource utilization,animal and plant protection.