| As 2002 was named as a Year of Ecotourism by the United Nations for the purpose of encouraging sustainable tourism throughout the world to promote environment protection and economic development, the demands for ecotourism are also emerging in China. The proposal of the concept of ecotourism brings about a new highlight to the tourism events, and at the meantime it also raises new requirements to tourists in their behaviors. However, most people do not have much knowledge about what is ecotourism, and how it is different from the traditional tourism in terms of concepts and behaviors. In China, as unprecedented prosperity in tourism is evident, the effect of consumption begins to appear with potential threats due to over development. Environment is a type of non-renewable resource. In view of the current situation with tourism in China, the sustainable development of tourism has already become an urgent task, which places more importance on ecotourism. Full play of the role of ecotourism does not only depend on the improvement of people's awareness but also the assurance by the legal system. This essay elaborates around issues including the meaning and function of ecotourism, the necessity of legal system structuring for ecotourism, the exiting problems in laws and regulations related to ecotourism in China, the best practice in foreign countries as well as proposals regarding the legal system structuring for ecotourism.Part I first explains the meaning of ecotourism, namely when tourists enjoy and relax visiting a natural scenery, they will at the same time get involved in the chain of ecology with the surrounding environment in a harmonized manner. Moreover, when they leave, the environment will recover to its original condition quickly. The feature of ecotourism lies in sustainable development, which is the extension of the concept of sustainable development to ecotourism. The core issue of sustainable development is the sustainment of resources. Resource is the basis. Without resources or rational use of resources, there will be no sustainable development at all. Therefore, the feature of ecotourism is reflected in its function of environment protection. Ecotourism does not only require abiding by the law of natural ecology and maintaining the harmonization between human and nature in an attempt to preserve non-renewable resources, but also, on the basis of sufficient understanding of the tourism value of the resources, protect the environment and maintain the dynamic balance of the ecological system through ecotourism, which will then make sure that the ecological environment is properly protected in the process of resource development and generation of local revenues, and will provide a long term support to the development of human being. At the meantime, speaking of the connection between the people's psychological and physical behaviors, understanding and true realization of ecological tourism, it will not only require people's awareness of ecotourism but also assurance and restriction by laws. Therefore, it is essential and necessary to structure the legal system addressing ecotourism.Part II first makes an analysis on the problems in current legislation in respect to the ecotourism in China, which include not only the lagging behind in stipulation of related laws, absence of a law system, and deviation exiting in the value orientation of the laws. Therefore, the very first issue that needs to be solved in structuring the legal system for ecotourism is the issue of value orientation of the law system. But at present there are very few laws stipulated addressing ecotourism, and there are even many problems with those exiting ones. The problems include such as ecotourism being used as a means of promotion to cater to the tourists in pursuit of fashion and to obtain instant profits; ecotourism being adopted as a method of increasing local revenues with profit-oriented; ecotourism managed in a simple and extensive manner with a lack of effective planning and long term targets; laws and regulations established being weak in enforceability; incomplete monitoring procedures leaving laws and regulations merely instructive documents, where no laws can be followed so that those polluters could not be effectively punished.Part III presents various efforts put into the ecotourism in foreign countries. First, ecotourism is positioned as a type of social welfare in developed countries, making national parks and natural resorts as ecotourism bases for scientific research aiming at ecology and species protection as well as for public education. Every year the governments will investment a huge amount of fund so that no commercial and profit-oriented operation is allowed. Thanks to the correct position for public benefit, anything that is inconsistent with the basic objectives in planning, construction, legislation and management will be prohibited. Secondly, in management, to develop ecotourism, most countries will do their best to maintain the true natural cultures of the tourism resorts in the development of ecotourism. In respect of laws, the laws of ecotourism are incorporated into the laws of environment protection. In a country where a relative perfect environment protection law system has been established, legislation work significantly decreases and the focus is more placed on improvement in law enforceability and strengthening of environment enforcement. Therefore, it becomes the top priority in every country to establish an environment surveillance body that is powerful, highly efficient and strong in enforcement capacity in the process of environment law system development. The environment authorities in these countries are highly authorized, and positioned in a high administration level and even empowered with mandatory enforcement. While strengthening the development of environment organization, most of countries motivate the general public and account on them in enforcement of environment laws, entitling the public to launch social litigations and get involved in the environment protection through litigations. A law system for ecotourism structured in a scientific way in China taking advantage of the good practice and experience of the foreign countries in tourism development will provide powerful assurance to the environment protection and sustainable development.On the basis of the understanding of the meaning of ecotourism, the existing problems in the legal system addressing ecotourism in China as well as the efforts and best practice in ecotourism development in foreign countries, Part IV draws a conclusion on value orientation in the legal system in ecotourism in China, namely starting from the basis of sustainable development. In other words, when we structures the legal system of ecotourism in China, sustainable development should be considered as the values of the whole system, which should be embedded into different laws and regulations and the behaviors of people and further be used to guide people in their behavior and help in determining their behavior methods. At the meantime, by learning the best practice and experience of the foreign countries, ecotourism is incorporated into environment protection law system, the advantage of doing so is that the concept of sustainable development can prevail and guide in the process of ecotourism law system establishment, and establish a law system that is connected to the environment laws and keeps its own features. When ecotourism is incorporated into the law system of environment protection, the ecotourism industry should also be included in the jurisdiction of the environment protection organizations. In conclusion, the laws of environment protection should be considered as the basic laws in ecotourism laws system. A comprehensive law framework can be structured by concluding specific individual laws, in connection with other types of individual laws, and supported by administrative rules, departmental regulations, local regulations and ecotourism standards. At the meantime, strengthen and improve the system such as enforcement, surveillance and accusing, and thus develop the ecotourism law system of China. In view of the current ecotourism law system in China, the following proposals are herein raised: 1) set up the basis on sustainable development and set up the goal as harmonized survival; 2) place the focus on education on ecotourism laws; 3) make the legal system as guidance and set up the goal as self-disciplined; 4) Detail the regulations to address the reality and allow the laws and regulation more operability; 5) reduce the discretion of the judges and introduce expert arguments and jury formed by local residents; 6) grant the status as a third-party subject of litigation and strengthen monitoring dimension of the public; 7) reform the allocation system of tourism revenues and the central government will centralize the taxes and fund; and 8) strength the spectrum of protection with criminal laws. Through the measures above mentioned, it is believed that a set of comprehensive law system will be formulated to suit in the reality of our country.To sum up, to establish a ecotourism legal system in a prompt and effective manner that is suitable to our national conditions and to ensure the sustainability of the tourism resources not only concerns economic development of tourism industry on the base of tourism resource, but also concerns the sustainable development of the human society. Therefore, it is of vital importance to structure an ecotourism law system.
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