A Study On The Legal Problems Of The Transfer Of Management Right In China 's Scenic Spots

China’s further reform and opening up and greater improvement of economic level and living standards have been giving rise to booming of tourism. However, the clash between the protection and development of tourist attractions, being the core in the scenic area, is becoming more notable, due to the limited fiscal funds of local government. Thus, to resolve the problem, the scenic areas’ management right has to be transferred, and the management of scenic areas becomes the one of enterprise.Meanwhile, controversy that the management right can be transferred or not has cropped up, and something wrong in practising transferring the management right of scenic areas intensifies the controversy.Taking the transferring management right of scenic areas, such as Baofeng Lake Scenic Area, Henan Taihang Grand Canyon Scenic Area, and Mountain Five Scenic Area as examples, the author further studies and analyzes the connontation and relationship between the right of ownership and the right of management. Based on the above study and analysis, the author thinks that scenic areas’ management right,with the property of usufruct, is quasi real right in Civil Law,,and it can be separated,and even exist on its own, from the right of ownership on the basis of state-owned scenic areas.By analyzing legitimacy during the management right transferring and the problems during practicing phase on the premise of legal management right transferring, this paper is to put forward constructive suggest for scenic areas’ transferring management right and their sustainable development.