Natural And Cultural Heritage Of The Government Regulation And The Franchise Contract Research

With the pace of reforming and opening up, the protected area (such as National Parks) based on the natural and cultural heritage have tremendous change during the past30years. Improved living standards brought tourism demand and the motivation for stimulate local economy more quickly and heavily driving the natural&cultural heritage management and operational issues to the practical level, until the dispute has aroused widespread public attention. Concession model is proved by the practice of some foreign countries, can better reflect the separation of resource management and tourism services operating in the goals of resources protection, and provide visitors with lower prices and better quality services. However, from the beginning of this model brought into China, no one would like to follow this principle, but injected the Chinese way. At the operational level, our country’s concession applications have many problems. The concession contract reflects the action of regulatory that Government carries out to control the special public resources, such as the natural&cultural heritage or protected area. At the start point of concession contract, this study referenced foreign heritage resources management experience, fully explored the origins of the concession model, theoretical foundations, practical methods, and so on, which are useful to summarize our natural&cultural heritage concession experience and thinking of the next management level improvement at this stage.This paper adopted the method of theoretical and empirical research. Our nations’heritage concession development history, current situation and problems; U.S. National Park Service concession project concepts, models and features were studied. Meanwhile, selected typical natural&cultural heritage concession contracts of the two countries (in which4Chinese and1American) to a comparative study, focus on discussing the following questions:1. Why should the implementation of the heritage resources concession under government regulation?2. How to implement concession in a heritage site?3. What clauses should concession contract include for protecting or conserving the heritage resources?The studies have shown that whether the current management system is conducive to the heritage resources’overall protection is still disputing. Review of China’s natural&cultural heritage concession practice course, to some extent the absence and dislocation of government co-exist led to the current unstandardized concession model, which the concession contract is particularly significant. According to the regulation theory, the article summarized the content of China’s natural&cultural heritage of the government’s social regulation to three aspects, which are access regulation, resource protection regulation and business activities regulation. Among them, concession as a means of regulation of business activities, the regulation should be gradually strengthened. National Park is representative of the natural&cultural heritage in U.S. The world’s first National Park was born in1872, since then, the management of national parks in U.S. constantly faced with the problems caused by visitors’changes in demand for travel services, where concession emerged. Therefore, the analysis of concession projects in U.S. National Park Service is help to explore the true face of it. During the case study, concession contracts were systemic compared and discussed. Respectively, from the principles that contracts developed, the main contents (subject, responsibilities, rights, obligations, etc.) and other provisions were interpreted. Finally, offered several proposals which have operational value.