Study On Legal Issues Of The Protection Of Local Farmers' Interests In The Scenic Spots

The resources of Scenic spots belong to the public. The development of scenic spot resources adheres to the principle of strict protection and sustainable use. There are many sorts of scenic spots in our nation, and the ownership of scenic spot land is very complex. The farmers who have the right to use the collective land of the scenic spots are a very important interest body. For the purpose of ecological protection, the state can obtain the land of the scenic spots belonging to the farmers by levying based on the public interests. The levy relative persons have the tolerance duty, but it does not mean that the farmers'property can be usurped on arbitrarily. The land is not only the most basic means of production for the farmers, but also the important guarantee of their survival and development. In the process of the scenic spot land expropriation, to make certain the conditions of expropriation clearly, to improve the procedures of expropriation, and to enhance the standard of compensation, are workable ways to improve the existing land levy system. In addition, because of the controls and restrictions of scenic spot land use, the development needs of the farmers and ecological protection are in conflict, so we should absorb the concepts and approaches of international biosphere reserve and the community co-management to promote the harmonious development of human and nature in the scenic area with the guidance of sustainable development. In the legislation process, we should expressly state that we have the scientific assessment of scenic resources and make them specific by taking the principle of public participation in the process of the scenic spots'construction and management. We believe that exploring actively the compensation methods of the multi-dimensional ecological benefit will help to protect the ecology and the farmers'interests in the scenic spots on the basis of equal negotiations between the scenic spot management agencies and the farmers. Then, only to consider fully the farmers'interests of the scenic spots, to include the local farmers in decision-making, to help the local community to realize sustainable development and to assist the community protection together could fully safeguard the farmers'interests in the scenic spots and promote the healthy and orderly development of the scenic spot.