Research On Legal System Of The Transfer Of Managerial Authority Of Scenic Spots In China

There are three main factors must be coordinated in the process of the establishment and development of the scenic spots in china: seeking for the rapid development of the scenic areas, the strict protection of scenic resources, and the Low-cost supply of the scenic resources. Since the first realization of the transfer of the managerial authority of Huang-long Cave and Bao-feng Lake at Zhang-jia-jie scenic spot in Hunan Province, the areas of other provinces in China have begun to attempt the transfer of the managerial authority of scenic spots. Therefore, the academic community and the specific staffs at scenic spots have carried on investigations for the transfer of the managerial authority from both theory and practice sides for as long as 30 years. However, they have not come to a unified opinion, formulate the transfer procedures of the managerial authority, and most importantly, establish the effective legal system to guide the transfer of the managerial authority. In fact, with the great development of tourism economy, the establishment of the socialist market economic system with Chinese characteristics, as well as the clarity of ownership system, the behavior of the transfer of the Managerial authority at Scenic spots is the product of the social and economic development to a certain extent in China. Nowadays, the transfer of the managerial authority at scenic area has become an important new approach for the introduction of new management model and the exploration of new administration system in the process of scenic reform and management. Nevertheless, due to the big divergence in the current level of understanding for the transfer of the scenic spot, the current system, the law and regulations, and departmental interests, the controversy that whether the managerial authority of scenic spots can be transferred has not yet been stopped. Besides, in the transfer process there are still some law and theoretical barriers that keep our policy and the practice of the transfer of the managerial authority move along the two different trajectories. It should be a long way to go for the establishment of a unified legal system, the transfer procedure and the policy rules, for the short time to the practical application of the transfer of the managerial authority and the lack of the mechanism awareness and law system of the market economy mechanism. Now, the transfer of the managerial authority should be put to overall consideration and unified guidance on the premise of the construction and improvement of the overall system. To establish the unified legal system of the transfer of the managerial authority at scenic spots and to perfect the transfer procedure based on the existing laws and regulations gradually, which make the transfer of the managerial authority perform in an orderly manner according to the law system.Besides the Introduction and Conclusion, this dissertation consists of three sections. The main contents are as follows:The first section introduces the basic academic law research of the transfer of the managerial authority at scenic spots. The concept and connotation of scenic spot and the transfer of the managerial authority at scenic spots are introduced, and further the features of them are discussed. It is mainly to clear the different concept of the ownership and the management right of the scenic spot and their existing power characteristics. This section mainly clear three relationships: First, to clarify the relation of the ownership and the management right; second is the relationship between the transfer of management rights of scenic spots and the transfer of scenic spots; third is the relationship between the low-cost access to its public interests and the pursuit of business that the transfer of management rights of scenic spots operating as a public resource.The second section describes the history and the current situation of the practice of the transfer of managerial authority in China. First, by investigating the present situation of the legislation of the transfer of managerial authority, and clarifying the game playing between the law making process and the transfer practice, let us recognize the obstacles for the transfer of management rights and the development difficulties; Second, by primarily introducing the practice history and the present situation of the transfer of the managerial authority at scenic spots in China, and the process that the scholars deepening the understanding of the development of the scenic spots, this article puts forward and clarifies some problems existing in the process of the transfer of the managerial authority at scenic spots based on the practice experience. Finally, to introduce the knowledge of the scholars from different angles that whether the transfer of the managerial authority can be transferred, and then to refine the controversy and the contention on this issue, which are used to guide the development of our current practice.In the third section, the main content is to construct and perfect the legal system of the transfer of managerial authority of the scenic spots in China. First, the building of a unified legislative system is proposed on the premise of clarifying the legislation principle. The specific legislative proposals are suggested on two respects: the one from the perspective of a long-term institution building and the second is a system patch taking the short-term perspective into account. Subsequently, the article clarifies six essential law problems on the transfer of the managerial authority by inspecting some instances of the transfer of the managerial authority from a practical point of view, and proposes four related legal constructions by investigating the specific law system to construct an open, fair and just transfer system of the managerial authority of the scenic spots that required at the present stage in China.