Research On Public Interests Of Landscape And Its Protection

This thesis analyzes and summarizes the typical phenomenon of harming publicinterests of landscape and problems with the correlative legal system and resourcestrategy, the diversity, severity, pervasiveness of phenomena and weak legal protectionreveals that this study has significant importance. This thesis argues the essence ofphenomenon and problems are the lack of right public cognition of landscape values,national strategies of landscape resources and comprehensive legal protection, whichshould be based on the public interest of landscape. Legislation is the key factor as itconnects the values, strategic and institutions, so the systematic and framework researchon public interests of landscape and its legal protection is urgent.Through value analysis, public interests theory, this thesis demonstrates thelegitimacy of value and socialization of subject of value engenders landscape withpublic interests. This thesis defines the contents of the public interests of landscape inmacro-level, according to the principal of ternary-action between user (the people),supplier and regulatory body (State) and resource (landscape), public interests will bedivided into four items, which are targets of public interests protection and strategiesand basic of protection structure, a) landscape resource protection, of which resourcequality should meet the needs of society; b) to strengthen public-good, to ensure publiclegitimate rights to use of landscape; c) scientific cognition of public awareness withlandscape; d) democratic management of landscape.Integrated the methods of empirical fact verification, logical positivism, historicalmethod, comprehensive and comparative, this thesis summarizes the protectionstructures of above interests, a) on the protection of the landscape resource, countriesbuilt public property systems as public trust doctrine(PTD)and public property theory,as well legal tools such as eminent domain,police power restricting private propertyand conservation easement, meanwhile, the multiple protection areas system, thelandscape quality control of urban land use guarantee the above interests of public; b)on the protection of legitimate rights to use of landscape, nation shall advocate publicoutdoor recreation by providing related public facility and service, erect access right(or right to roam)as a legal rights, ensure the affordable entrance fee with price supervisionand sufficient budget support; c) on the scientific cognition of public awareness withlandscape, the government obligation of advocating, propaganda and informationsupply should be clear, the interpretation and education projects of protected areasshould be established, and the government shall guarantee and implement the researchmechanism of landscape scientific and policy-related study; d) on the democraticmanagement of landscape, the government shall complete the information disclosuresystem and citizens’ right to know, right of supervision, right of participation indecision-making, meanwhile, environmental public interest litigation and publicadministrative proceedings system are essential to ensure good decision of landscape.Finally, with normative jurisprudence and comparative institutional methods, thisthesis suggests15items national strategy, as well as suggestion for alteration of thestatutory which involve the making of the Landscape Resource Act as the basic law ofthis sphere, the erecting of ‘rights to landscape’ as a remediable social right is essential,this thesis also argues the elements of above rights.