Research On Interest Coordination Of National Parks

The Decision on Major Issues Concerning Comprehensively Deepening Reforms was adopted at the close of the Third Plenary Session of the 18 th CPC Central Committee on November 12,2013.The Decision announced to set up a national park system.From January 2015 to July 2019,“A Plan for Experimenting with the National Park Mechanism” “Overall Plan on the Development and Management of National Parks” and “A Guideline on Establishing a System of Protected Natural Areas with National Parks as its Mainstay” have been issued.After pilot research,policy promotion,academic exchanges and international cooperation,China's national park system has entered the legislative process.The national park legal system provides for the use of natural resources and the protection of the ecological environment.In essence,it deals with the legal relationship between people.Only by clarifying the interlaced relationship between the same type of rights(or power)and different types of rights(or power)of the system,can the interests of each subject be realized in an orderly manner,and the value goals of the national park legal system can be finally achieved.Human-built parks have a long history.After experiencing the trends of classicism,enlightenment,romanticism,and realism,the emerging bourgeoisie in Western countries has gradually gained political discourse.With the rapid expansion of the citizen class,the awareness of social democracy and freedom also awakened.The park's ownership changed from exclusive to noble to open to the public.In the debate on "free land" and "financial land",the United States established the Yellowstone National Park which is the first national park of world.Created a national park system model of " land state ownership,prohibition of private development,and priority of public interest" for the world.In China where deeply influenced by Confucian culture,the construction of parks since ancient times means "analogizing morals with natural scenery" and "naturally helps people maintain a peaceful mind".It also has a humanistic idea of opposing monopoly of interests and sharing natural resources.Documents such as " A Guideline on Establishing a System of Protected Natural Areas with National Parks as its Mainstay " set forth the value goals of China's national parks.The concept of Inclusive Development has established the interest coordination for national parks,while the New Public Service Theory provides a path analysis for the establishment of a national park system.There are four main types of conflicts of interest in national parks.First,conflicts between public and private interests.When large social projects such as national parks place too much emphasis on national purposes,they tend to evolve into sports governance or one-size-fits-all law enforcement,at which time private interests will be oppressed.Second,conflicts between private interests.The excessive development of tourism in national parks may cause conflicts of interest between residents and tourists.Third,the conflict between power and public interest.Public power is pursuing political achievements and fiscal taxation,and public interests may be violated at this time.Fourth,the conflict between ecological and private interests.When national parks protect species,they often coordinate the relationship between ecological interests and the private interests of residents.After the middle of the 19 th century,capitalism in Europe developed rapidly,and conceptual jurisprudence lost its lead.The interest law school believes that making laws originates from the purpose,and the essence of the purpose is the interest.The highest principle in creating and interpreting laws is to safeguard and coordinate interests.The law should take into account both personal and social interests.The essence of legal adjudication is to choose which one is the priority to protect.This article categorizes benefits by subject type.The interests of national parks are divided into public interests,national interests,power interests,private interests and ecological interests.They are a progressive relationship from abstraction to concrete,not an inclusive and tolerant relationship,nor a sequential relationship between big and small.The design of the national park system must draw on the spirit and method below the theory of interest coordination,and coordination of interest should follow specific procedures and uphold specific principles.It should be noted that the institutional supply of national park interest coordination is extended in two directions.The first is a vertical interest coordination system.By establishing a legal order and coordination procedures for interests,the credibility of the law will settle disputes.The second is the cyclical interest promotion and restriction supervision system,which is mainly to strengthen the democratic supervision of private interest subjects when the public power subjects exercise their powers and to promote the public interest by strengthening the protection of private interests.The value concept of China's national parks should insist that ecological welfare is shared by society and realize the compatibility of various legitimate interests.In terms of system design,the broadest public interest should be realized on the basis of respecting individual rights,restricting power interests,and scientifically treating ecological interests,so as to promote national parks to change from a "order-execute" traditional governance model to a new type of "cooperation-service" Governance model.