Study On The Legislation Of National Parks In Our Country

In the third Plenary Session of the 18 th CPC Central Committee,the party set out the goal of the modernization of the national governance system and governance capacity,and put forward the important reform measures to establish the National Park system.Our country is still in the pilot phase of the construction of the national park system,the lack of legal regulation,but effective,"at present in our country the formal law does not use the name of the National Park,but have the real national park".2015 the end of the year,the central deep restructuring of the meeting through the implementation of the program,Qinghai Sanjiang National Park,and have passed the Shennongjia,Wuyishan,Kaihua National Park project.China's national park system has begun to accelerate the development,but there are still many problems in the legislation of China's national parks.The thesis is divided into four parts to discuss the legislation of national parks in china:The first part mainly analyzes the concept of National Park law.From the definition,connotation and extension of the National Park,this paper makes a deep analysis of the relationship between the National Park and the National Nature Reserve,scenic spots and all kinds of national parks.In the National Park extension to clarify the process,mainly through the protection of objects,of all kinds of natural protection legislation in the provisions of the quality and resource utilization intensity were analyzed,and hence in China including national parks of various types of natural reserve value reconstruction,so as to distinguish all kinds of the difference between natural protection.The second part is mainly to investigate and diagnose the current situation of China's national parks legislation.Our legal system is not perfect at present national park.However,there are still some problems in the current legislation of our national parks,such as the lack of comprehensive national park legislation,the unclear positioning of the legislative concept,the basic principle is not perfect,multi sectoral management system,the specific legal system is not perfect,and so on.The third part is to sum up the successful experience of foreign national park legislation.At present,there are three kinds of legislative mode of foreign national park,which is represented by the United States centralization,local autonomy,represented by Germany,the integrated management mode represented by Canada three modes.Through the comparative study of these three models,and from the legal system,legislative ideas,management system,the basic system of the four aspects of generalization,which provides a useful reference for China's National Park legislation.In the fourth part,based on the existing problems in the legislation of the national parks in China,and on the basis of drawing on the successful experience of foreign countries,the paper puts forward some suggestions on the legislation of the national parks.First,to establish a comprehensive framework for National Park legislation mode and the "one district one" mode,and put forward their own ideas on the National Park law system;second,through the analysis of the conflict between National Park in the legislation of justice value and efficiency value and the value orientation,the establishment of national parks legislation in China,and then establish the protection.The appropriate use of the concept,legislation;third,establish scientific planning principles,national parks legislation protection priority principle,the principle of unified management,proper use of principle and sharing principle of five basic principles.Fourth,aiming at the defects of the multi department management of the national parks in China,the paper puts forward the establishment of the unified management system of national parks.Fifth,based on the system of nature reserves and scenic spots in China,and the national park system,proposed the establishment of a national park system,National Park Planning and zoning management system,public participation and community construction,administrative system,ownership rights and management rights separation system,land ownership system,National Park National Park Ecological compensation system and the legal responsibility of the basic system,and these systems are classified,divided into access system,operating system and protection system of the three categories.