Research On Administrative Guidance In Sanjiangyuan Ecotourism Supervision

In recent years,the eco-tourism in sanjiangyuan is one of the focal points of the eco-tourism in China.The mode of eco-tourism supervision in sanjiangyuan is an important part of administrative supervision,the core content of the transformation of regulatory mechanism,and the central link of the coordination between administrative supervision and administrative guidance under the guidance of the flexible governance concept.In the period of the booming of eco-tourism in sanjiangyuan,the problems of eco-tourism supervision and the challenges faced by the relative rights of eco-tourism in sanjiangyuan are worthy of our attention.This paper,from the perspective of administrative guidance,combined with the balance theory and the soft law theory,studied the legalization of administrative guidance in the eco-tourism supervision of sanjiangyuan by using the methods of normative analysis,systematic research,and literature analysis,and then discussed the possible ways to improve the legalization of the eco-tourism supervision of sanjiangyuan.This paper is divided into four chapters,the introduction part for the background and significance of the topic,domestic and foreign research status and research methods,the paper and the research focus and innovation points are summarized.Chapter one is "theoretical overview of administrative guidance".Firstly,this paper analyzes and sorts out all kinds of discussions on the meaning of administrative guidance from the theoretical perspective,and attempts to define the quality of administrative guidance in the academic circle.On this basis,this paper analyzes and summarizes the behavior types of administrative guidance.It is then compared with similar concepts and found to have "independent value".Finally,based on the balance theory and the soft law theory,this paper demonstrates the relationship between the theory and the administrative guidance,and lays the foundation for the second chapter on how to connect the eco-tourism supervision and administrative guidance in sanjiangyuan.The second chapter is "the realistic demand for administrative guidance of eco-tourism supervision in sanjiangyuan".Through sorting out the demands of stakeholders in the regulation of eco-tourism in sanjiangyuan,it is concluded that the supervision ability of eco-tourism in sanjiangyuan is a common demand.Based on the capacity of eco-tourism supervision of sanjiangyuan,the realistic dilemma of eco-tourism supervision of sanjiangyuan is expounded in detail.It mainly includes: the democratic supervision is a mere formality,the implementation of environmental protection is difficult,the democratic supervision subject does not act,the level of democratic supervision is weak and so on the sanjiangyuan eco-tourism supervision relative person's rights and interests of various challenges.Think for ecological tourism regulatory difficulties,implementation of administrative guidance significance in the ecological tourism regulatory activities: democratic supervision process can solve the dilemma,can solve the scientific nature of the ecological environment protection and participation,can solve the problem of government regulatory agencies are not as and helps to improve the quality and efficiency of the democratic supervision level.Finally,the paper puts forward three guiding opinions on how to connect ecotourism supervision with administrative guidance and how to transform ecotourism supervision in sanjiangyuan.The third chapter is "the development status and problems of the administrative guidance in the Sanjiangyuan ecotourism supervision".This chapter mainly analyzes from the perspective of legislation and implementation.In terms of legislation,the normative status is mainly in the form of "opinion","planning" and other forms of administrative guidance.In terms of implementation,it summarizes the generalization of export guidance,the rigidity of the guidance form,the randomization of the guidance procedure,the weakening of the supervision system,the ambiguity of the guidance responsibility,and the lack of litigation and relief,and excavates the hidden reasons for the problem.The fourth chapter is "the path of administrative guidance and rule of law in the eco-tourism supervision of sanjiangyuan".This chapter is deconstructed according to the problems in the third chapter.Mainly including: in the construction of sanjiangyuan eco-tourism administrative guidance of the relevant system,the need for four aspects of the system.In order to perfect the responsibility system of eco-tourism administrative guidance in sanjiangyuan,it is necessary to clarify the subject of legal responsibility,distribute legal responsibility reasonably and assume legal responsibility.In order to improve the eco-tourism administrative guidance litigation relief system,there are the following two aspects.First,the scope of administrative guidance litigation relief needs to be determined.Second,in view of the supreme people's court's interpretation of the administrative procedure law(2018),the author believes that there are four schemes that can incorporate administrative guidance into administrative litigation relief.