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Research On The Protection Of The Rights Of Inhabitants In Central Plains During The Construction Of National Parks

Posted on:2021-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y L XueFull Text:PDF
GTID:2416330623483657Subject:Law
Abstract/Summary:PDF Full Text Request
Since 2016,China has started the pilot program of national park system and embarked on the exploration road of building national parks.Among them,the protection of the rights of the aborigines inside and outside the park is an outstanding issue that cannot be avoided in the construction of the national park.International experience has shown that national parks can be better built and developed by respecting and protecting the rights of indigenous people and motivating indigenous communities to participate in conservation efforts.At present,the legal system of protecting the rights of inhabitants in central plains is not perfect.It is mainly reflected in the lack of legal system guarantee,the ambiguity of aboriginal rights,and the lack of effective ways to exercise and perfect remedies for aboriginal rights in national parks.Based on the typical cases of the protection of indigenous rights in the construction of foreign national parks,the advanced experience of foreign countries is summarized.At the same time,the author tries to find out the advantages and disadvantages of the practice and exploration on the protection of indigenous rights in the pilot of national park system in China,so as to solve the problem of how to construct the legal system for the protection of indigenous rights in the construction of national parks in China.Based on the analysis of some adverse effects of the construction of national parks on the indigenous people,this paper proposes the system design for the protection of the indigenous people's rights in the national park legislation.The legal system is mainly improved by defining the protection of the rights of indigenous people,defining the specific contents of the rights of indigenous people,defining the ways of exercising the rights and remedies.In addition,the supporting system is proposed to further establish and improve the system of rights protection,which mainly includes: issuing indigenous people's certificates,granting indigenous people the qualification of the litigation subject and the priority in management and protection,and establishing the autonomous management mechanism of indigenous communities.Through the above system design and supporting measures to establish and improve the national park construct ion central plains residents protection legal system.
Keywords/Search Tags:National parks, Indigenous peoples, Rights protection
PDF Full Text Request
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