Guizhou Province Tourism Resources To Protect The Rule Of Law Study

The protection of tourism resources needs to be guaranteed effectively by the legal system. The tourism is an international industry with broad prospects, which has become one of the emerging industries with the fastest development and most vigor and vitality in China's national economy. As far as Guizhou Province is concerned, its tourism has presented an unprecedented momentum of rapid development. The tourism resources of Guizhou Province are characterized by large quantities, various types, high taste and wide spread, the potential for tourism development is huge, and which have been increasingly attracting attention both at home and abroad. However, with the accelerated development of tourism resources and rapid development of tourism, some areas develop the tourism by seeking quick success and instant benefits, which resulted in the great destruction of the tourism resources during the development and construction of tourism, and the quality of ecological environment has been deteriorated drastically. For how to solve the problem that the tourism resources have been destroyed, the paper maintains that the most effective and fundamental means is to strengthen the legal system construction for the protection of tourism resources, to protect the tourism resources from the level of legal system, so that the trend of constant destruction to the tourism resources could only be reversed.Value analysis of the tourism resources of Guizhou Province: starting with the clarification for the concepts of tourism, resources and tourism resources, the paper sets forth the tourism resources of Guizhou Province, summarizes six major features i.e. peculiarity of natural ecology, nativity of national culture, richness and profundity of historical culture, suitability of climatic environment, prominence of "red" resources and frangibility of ecological environment, and makes an in-depth analysis from five respects of the tourism resources i.e. social value, economic value, historical culture value, scientific research value and artistic appreciation value.Influence factors analysis of the protection of the tourism resources of Guizhou Province:the paper sets forth the protection status of the tourism resources of Guizhou form five respects i.e. macro protection, legal protection, micro protection, special areas protection, traditional ecological idea of ethnic minorities, points out the problems faced in the protection of the tourism resources of Guizhou Province:the idea of the protection of the tourism resources is lagged behind, the "motive power" of the protection of the tourism resources is insufficient, there are errors for the understanding and orientation of the national culture, the "fake folk custom" is serious and the destructive construction of the tourism resources is conspicuous, and the paper also makes an in-depth analysis of the influence factors of the protection of the tourism resources from six respects i.e. consciousness, law, system, management, planning and fund.Legal system status of the protection of the tourism resources of Guizhou Province:the legal system protection is an effective guarantee for Guizhou Province to realize good and fast development of its tourism; The paper summarizes the achievements obtained in the legal system construction for the protection of the tourism resources of Guizhou Province from the respects of local laws and regulations, government rules and legislation in the autonomous minority nationality areas, makes an in-depth analysis of the defects in respect of the legal system construction for the protection of the tourism resources of Guizhou Province from dynamic prospective, so as to try hard to provide theoretical and practical support for the realization of the sustainable development of the tourism resources of Guizhou Province through comparative study of the legal protection of tourism resources in foreign countries.Legislative protection of the tourism resources of Guizhou Province: the legislative protection is the key to protect tourism resources; The paper puts forward that the legislation value of the protection of tourism resources lies in the clarification of the idea of the protection of tourism resources, resolution of the problems in the legislation for the protection of tourism resources, so as to realize sustainable development. The paper adopts the game theory to analyze the relationships among the stakeholders in the protection of tourism resources, and it also puts forward the conception of legislative protection for the defects in the legislative protection of tourism resources:to conduct systematic clean-up and revision of the laws, regulations and rules related to the protection of tourism resources; to formulate uniform criteria for the protection of tourism resources, define the legislation objective—giving priority to protection, build protection system of tourism resources, and establish the performance appraisal system for the protection of tourism resources; to strengthen the legislation for the protection of the tourism resources in the autonomous minority nationality areas; and to establish the legal coordination mechanism for the protection of tourism resources between Guizhou Province and surrounding areas.Law enforcement protection of the tourism resources of Guizhou Province:the paper takes the system integration principle and the contingency management theory as the basic idea of the law enforcement improvement of the protection of tourism resources, believing that the improvement of the law enforcement of the protection of tourism resources should stick to the principles of coordination and efficiency, and it also puts forward the conception of the improvement and innovation of the law enforcement protection of tourism resources on that basis:to update the law enforcement idea, establish the integrated management system of tourism resources, build the internal supervision mechanism for the administrative law enforcement, implement the responsibility system of the administrative law enforcement for the protection of tourism resources, strengthen the building of the administrative law enforcement capacity for the protection of tourism resources, and establish an information management system.Judicial protection of the tourism resources of Guizhou Province: the judicial protection is an effective guarantee for the protection of tourism resources, and is an important part of the legal system construction for the protection of tourism resources. Since there are no specialized legal regulations to decide the cases of the destruction of tourism resources at present, many cases resulted from the protection of resources occur in the form of environmental cases. Starting with the perspective of environmental cases, the paper puts forward that the definition of the crime and non-crime of the environmental cases should stick to the difference principle and the limited causation presumption principle in terms of the criminal laws applicable to the environmental crimes in the protection of tourism resources, and the conception of the establishment of the system of public interest lawsuit for tourism resources with the procuratorial authority as the principal part is proposed.