Legal System Research In Community Co-management Of Natural Reserve

Establishing nature reserves is safeguard to national ecological security,and main method of biodiversity.It's significance for the rare animals and plants conservation and sustainable utilization of natural resources,is an important symbol to measure the development level of national environmental protection.In 2012,various types of Nature Reserve in China a total of 2669,the total area about 149787000 hectares,accounting for 14.9%area of the territory of our country.In the number and area of nature reserves,China has reached the standards of developed countries.But our country nature protection area is mainly distributed in the less-developed regions,the problem of poverty within the protection zone and the surrounding communities on Nature Reserve Management and maintenance has certain influence.Because of the environmental pollution and ecological damage to the sustainable development of the national economic and social crisis,management of the nature reserve of our country has been following the rescue protection ideas,adopt closed management model.The protection of the region and the surrounding community as managers,ignore the important role of community in the protection and management of Nature Reserve,resulting in nature reserve and the local community conflict.Community co-management of nature reserve is one of the natural resource management model which is a compromise national natural resources centralized management and private property.At the beginning of the 90's in twentieth Century,the international environmental protection organization introduct the community co-management of nature reserve to china.Community management mode reform of traditional natural resources management mode,the protection of natural resources in the area is maintained by the community residents and nature reserve management agencies with common management,make the community participation in the process of formulating and resource allocation decisions.The mode of community condominium coordination of natural protection area and the contradiction between the community and to the community interests in the protection of natural resources at the same time,to promote the common development of nature reserves and communities.Based on the nature reserve law community co-management system present situation as the breakthrough point,to explore the nature reserve of the legal system of community co-management.According to the nature reserve of community co-management model on the basis of the practice of our country,combining with its theoretical basis and social base,it is concluded that natural reserve community co-management model in the operation and development of our country in the aspect of legal system of the main three problems.First,the nature reserve community co-management model of legal basis is insufficient,make the legal status of the community co-management model are not clear.Second,our country land management system problem caused by nature reserve is earthy land ownership disputes,impact on nature reserve management and maintenance.Third,the financial investment,ecological compensation system and incentive measures such as the lack of legal protection mechanism or imperfect nature reserve to a lack of corresponding supporting system,community co-management is not conducive to the long-term development.In this paper,through draw lessons from foreign and our country Taiwan area related law and practice experience of community co-management,from clear nature reserve,the legal status of community co-management perfect relevant laws;complete nature reserve land tenure and land management related legal system;Establish and improve the system of nature reserve of financial investment community co-management,ecological compensation system and incentive system;perfect The nature reserves supervision community co-management system;To create nature reserves community co-management judicial relief system five aspects put forward the construction of nature reserve,legal system of community co-management of thinking.