The Perfection Of The Legal System Of Nature Reserve In China

The concept of nature reserve is fundamental and critical in the legal system of nature reserve in a country.The concept used in this thesis is in its broad sense, involving not only the definition prescribed in the Statute of Nature Reserve of China, but also the critical habitat of wildlife, national forestry park, beauty spot and key point of interest, cultural and natural heritage of the world, Ramsar site and etc. This thesis classifies the nature reserves according to their character, supervisors or significance, and compares them with the corresponding concept in foreign legislation.Based on distinct natural situation and legislative background, the regulation of nature reserve in China is different from that in foreign countries. However, the trend of globalization of nature conservation makes it possible for nations to borrow legal systems from each other. The legal system of nature reserve in China is far from perfection : there are many defects and weaknesses in its administrative system; the disputes resulted from attribution of natural resources rights; lack of financial resources; the functions of various nature reserves being mixed up; vicious evasion from related regulations, etc.The perfection of legal system of nature reserve in China is critical: to adhere to the principles of balance and sustainable development; to undermine the administrative forcing mechanism in the legal system of nature reserve in China , to promote participation of stakeholders , and to pay special attention to nature reserve planning.The whole thesis is divided into 4parts:Chapter 1 introduces the general development of nature reserve, and sets forth the definition of nature reserve, after analyzing this concept against international and foreign counterparts. It then compares the classification and system of nature reserve between our country and foreign countries.Chapter 2 introduces legal control on nature reserve in foreign countries, including mainly the process of nature reserve establishment, the planning system, the administrators and basic administrative systems.Chapter 3 evaluates the status quo of nature reserve in our country and analyzes the reasons for this after introducing the legal system. It also analyzes the major questions in nature reserve administration, such as the resource right, the financial arrangement, and the construction inside and adjacent to the nature preserve.Chapter 4 brings forward how to perfect the legal system of nature reserve: the principle of balance and sustainable development should be obeyed, the administrative forcing mechanism should be changed, and as an important system, planning system should be emphasized and improved.