Legal Protection Of The Natural Ecological Environment In Tourist Resources Development In China

Along with the continuous development of the society, the steady national growth, theaccelerated process of urbanization and the increasingly higher and higher living standard of people,people are more willingly to participate in the bosom of nature to enjoy the easiness and comfortbrought by mountains, rivers and tree shades in their leisure time; however, at the same time theoriginal ecological environment of a lot of scenic spots is suffering from varying degrees ofdestruction and pollution: the surrounding environment is contaminated; the ecological balance hasbeen broken, people’s living situation is being threatened, the quality of life is in the fall, and allthese factors have seriously restricted the healthy development of the tourism industry.In recent years, tourism develops more rapidly, but followed by serious natural ecologicalenvironment destruction and presenting more and more severe situations, such as severeenvironmental pollution, more destructive construction and many uncivilized behaviors of touristswhich can be seen everywhere and so on. These tourism activities not only destroy the naturallandscape of tourist spots, even cause irretrievable damage to them. Although our country has statedrelated regulations about tourist resources development and ecological environment protection inenvironment and resources laws to promote the protection, development, planning and constructionof natural resources, scenic spots and nature reserves, playing a role of legal protection, there is alack of regulations on those natural resources that have already been destructed. And relying mainlyon other social supervision means is not practical. And as important characters of laws, beingnormative, educational, mandatory and instructive become a hit of natural ecological environmentdestruction in the process of tourism resource development. Because at present in our country thelegal system about natural ecological protection is not perfect, we must make legal basic theory asthe top priority for the protection of the natural ecological environment the process of touristresources development, and establish, improve and perfect the relevant legal system. Only in thisway, in our country can natural ecological environment protection in tourist resources developmentwalk into the orbit of legalization and standardization.This paper discusses about scientific and reasonable ways to constrain and guide tourism anddevelopment of the natural ecological environment by means of laws to give a better protection ofthe natural ecological environment. The paper comprehensively reviews the destruction of thenatural ecological environment in tourism and development and the reasons. It concludes that thefundamental reason is that the relevant legislation is not perfect for lack of regulations on already destructed natural ecological environment. It systematically analyzes the legal regulations of theecological environment and advanced management system of tourism in developed countries suchas USA, Japan，the UK and Australia. Especially the national park management system of theUSA, management agreement and economic compensation of the UK that can make a communityco-manage among governments, land owners and users, Australia makes a model where parkmanagement and ownership are separated. Finally, combing with the actual situation in our country,it puts forward legislative suggestions about natural ecological protection in tourism anddevelopment, including perfecting our country’s environment legal system of the natural ecologicalenvironment. At present our country’s legislative status of the natural ecological environment is low,devoid of one complete tourist law to regulate tourism and special regulations about and localregulations in line with local situations. It is necessary to balance various interests while legislating,covering not only government agencies, tourism enterprise behavior, but also behavior of thecommunity residents. Our country should also draw lessons from tourism experiences of developedcountries, combine with the actual situations of the natural ecological environment in tourismdevelopment in our country and the local economic development planning to establish a legalsystem for the natural ecological environment in tourist areas and management mechanisms.Through the establishment of community co-management mode, the mode of ecologicalcompensation to reform the existing legal system，Through the establishment of land dispute system,public participation system and natural ecological environment impact assessment system tostrengthen transverse relationships between local authorities and local stakeholders and thelongitudinal partnerships between local authorities and stakeholders. The last security measure oflawmakers to achieve their purpose is legislation, so the legal liability in legislation occupies animportant position. This article makes an analysis of environmental criminal liability, environmentalcivil liability and environmental administrative liability. Based on current environmental legalliability system, the paper tries to find its short coming，then puts forward some suggestions toperfect our natural ecological environment legislation.