Research On The Eco-tourism Legal System In China

Seeking the harmony of economy progress and environment protection has always been one of human-being's main tasks. However, human seem to be plunged to a vicious circle. For economy progress, human develop, utilize natural resources, which brought forth decrease and exhaustion of natural resources, and farther led to the decrease of more species, the destroy of more natural area. For environment protection, human line out kinds of protection areas to protect absolutely the natural resources, but this kind of mode has been proved to be failing in practice. The sustainable development theory brought us a bright future, and ecotourism, as one product of this theory, is also an important approach to realize the sustainable development of nature and human being. However, the number of current research about ecotourism legal system is still little, let alone something closely contacting our country's practice. So researching on ecotourism law system has significance in theory and practice.This article contains three parts besides introduction and conclusion:The introduction generalizes the status quo of our country's ecotourism progress and law system, and illustrates the motivation and purpose of the research of ecotourism law system.The first part introduces the origin, evolution and definition of the concept of ecotourism, the connotation and extension of the concept of ecotourism law system, the significance of building and perfecting the ecotourism law system, and then briefly discusses the theoretical basis of building and perfecting the ecotourism law system, which include ecological economics, ecology, ecological ethics and legal theory. The main method on studying the concept of ecotourism is comparative method, aborting the requirements about the forms, content elements, and basic spirits on ecotourism by the ecotourism developed country region and organization; the main method on discussing the theoretical basis to building ecotourism law system is interdisciplinary method, because of the complexity of ecotourism, which involves environmental science, environmental ethics, ecological economics and environmental law.The second part firstly briefly analyses the status quo, forms, substances of our country's ecotourism, and then discusses the impacts of ecotourism to the environment and the community. The main research method of this part is empirical research method. The study basis is the ecotourism development panning, projects established by the provinces and cities, and their implementation status. Then the focus is to analyses the present situation and existing problems of our ecotourism law system. The main method of this part is text analysis method. The main study material is the contents involving ecotourism of constitution, laws (including environmental basic law and environment one-way law), administrative regulations, government regulation and so on. First of all, make a macroscopical introduction of ecotourism law system from the composition of the legal system, and then make a microcosmic introduction of it from the specific legal system. The analysis of existing problems of our ecotourism law system includes the aspects of ecotourism legislation system, management law system, eco-tourism planning, education and community participation.The third part put forward the specific advices on how to perfect our ecotourism law system, which is the main part of this article and also the purpose of writing this article. On the basis of the first two parts, this put forward the specific recommendations of perfecting our ecotourism law system by combining the existing provisions on legislation, management, planning and drawing on the successful experiences of the United States, Canada, Australia and other ecotourism advanced country. The main method of this part is comparative study method. This part firstly brings forward the basic principles that should be abided by in the planning, developing, utilizing and managing the ecotourism. These principles consist of ecology-preferred and integrating the ecological, economic, social benefits principle, scientific principle, public participation principle, environment education principle and environment responsibility principle. The ecology priority and the integration the ecological, economic, social benefits is not a contradiction, because the ecology priority is based on the he integration the ecological, economic, social benefits, and under special circumstances the ecology must be preferred. Due to the scarcity of environmental resources and the complexity of environmental problems, the ecology-preferred principle has been the consensus of more and more countries, especially in the area of ecotourism which is totally dependent on beautiful capital of environment resources. The scientific principle, public participation principle, environment education principle and environment responsibility principle shall be carried out in every step of ecotourism law system design. The measures of perfecting our ecotourism law system are as follows. To improve the legislation system of our ecotourism law system includes strengthening the law system systemic construction and perfecting the ecotourism resources ownership system. To improve our ecotourism management law system firstly requires the perfection of management agencies setup, which includes the establishment of an exclusive ecotourism main management agency and the improvement of agency setup rationality; secondly requires the optimization of ecotourism management functions, which includes the establishment of functions structures separating government administration from business and the construction of environment monitoring system and environment certification system, lastly requires the promotion of smooth management operation mechanism, which includes the promotion of coordination among ecotourism relevant management departments, the improvement of the administrative obligation setup, the strengthening of government accountability, and the establishment of scientific performance evaluation. To improve our ecotourism planning law system includes the establishment of the national and local ecotourism development plan. The formulation body and the formulation procedures shall be clear, and the content shall be scientific, focusing on the local resources and culture. To strengthen the system guarantee of ecotourism environment education includes the establishment of environment education panning, the construction of ecotourism education base and the building of environment education system. To strengthen the system guarantee of community participation includes the improvement of economic interests, political, and social benefits of community residents...