The Research On The Problem Of Legislation On China’s Nature Reservation

The human society has experienced a transition from primitive society tomodern society, the progress of human civilization, the development of science andtechnology have more and more influence to the natural world. The human society isaccompanied with a series of problems in the process of development, such as thedeterioration of the ecological environment, biological species decline or extinction,etc; these become a stumbling block in the process of achieving sustainabledevelopment. Nature reservation is a special area which divided to protect the healthyfunctioning of ecosystems, maintain biodiversity and protect natural resources. Themost typical and rare part of the species, resources, natural landscape in theecological environment usually kept by it. It has multiple value attributes. Theecological value, research value and economic value are reflected by it, which notonly for the survival and development of mankind favorable conditions, but also forthe maintenance of the national ecological security have important strategicsignificance. Establishing nature reservation is the beneficial exploration andimportant means to deal with the ecological crisis, and is widely used around theworld. Natural reservation area occupies land area ratio has also become an importantindex to measure a country’s development.In order to make the work of protection and management of nature reservationrun effectively, most countries have made the corresponding laws and regulationsaccording to the actual situation. Since the first nature reservation established, wehave made a lot of efforts on the construction and management of the naturereservations, some of the laws and regulations and other normative legal documentsalso promulgated, it played a positive role in the protection work. But undeniable is,construction and protection of nature reservation still suffer from threat, resources inthe region are irrationally and even destructively developed and utilized is commonoccurrences. Within the region, species has reduced and extinct, the ecologicalenvironment has been damaged to varying degrees, to some nature reservations, they had lost the value of protection. These increasingly evident problems have closerelation with the lack of our current legislation and the imperfection of the legalsystem on nature reservation. Therefore, establishing the perfect legal system ofnature reservation is the important guarantee to make the protection work gosmoothly and make the nature reservation develop benignly, and it is also a pressingmatter of the moment to change the current situation of our nature reservation.Refer to the relevant provisions of international organizations and the differentcountries in the world of nature reservations can be found, our definition of the naturereservation is in the narrow sense. But in other countries, nature reservation alsoincluding national parks, forest parks, scenic areas, wetlands and many other areas.Different way of the definition to the protection of nature reservations, systemarrangement, management mode and validity also has different influence. Relative tothe foreign laws and regulations of the construction and management of naturereservation, there are still many aspects to be perfected in ours. Due to the influenceof traditional system in our country and the limitations of the legislators’ awareness,current laws which related to the nature reservation have not respond well to theproblems appeared in the process of management. legislative guide ideology lagging，the legal system is not of consummation, the laws and regulations is not coordinatedhave produced adverse effect to the management and construction work of naturereservation; there are deficiencies in some aspects, such as the definition,establishment, planning of the nature reservation; management system and theproblem caused by it result in the difficulties of management; in addition, the legalregulations for some concrete systems, such as natural reserve land system, publicparticipation system, are too vague, and some still belongs to blank, it brings thehidden trouble to the conflictions between related subjects.Therefore, aiming at the legislative problems on nature reservation, we shouldchange our thought, update the legislation notion, pay full attention to the varioushighlighted contradictions and problems, and make specific provisions to solve themaccording to the actual situation in our country when rebuild the legal framework ofnature reservation. Absorb foreign mature, excellent legislation experience into thelegislation of our country, perfect the legislation system of nature reservation, and improve the relevant legal system,to make the management and construction work ofnature reservations can have a clear and feasible legal basis, ensure the protectionwork go smoothly, and realize the coordinative development of the environment,economy and society, promote sustainable development and the process ofenvironment government by law.