Study On Property Rights Allocation Of Collective Land In Giant Panda National Park

The Third Plenary Session of the 18 th CPC Central Committee proposed "establishing the National Park System",marking the official launch of the national park system pilot in China.The 19 th National Congress of the Communist Party of China put forward the construction requirements of "building a natural reserve system with the National Park as the main body",and the Fourth Plenary Session of the 19 th Central Committee of the Communist Party of China clearly proposed "building a natural reserve system with the National Park as the main body,and improving the National Park protection system".Up to now,10 national park system pilots in China are being promoted in 12 provinces including Qinghai,Jilin and Hainan,with a total area of 220,000 square kilometers,accounting for 2.3% of the land area.In a wide range of National Park pilot areas,how to ensure the smooth implementation of national parks,realize the concept of "ecological protection first,national representation,public welfare" of national parks,and achieve the purpose of natural recovery of nature,among which land property reform is the key.The Panda National Park Administration,which was established in Chengdu in October 2018,is the first national park spanning three provinces in China.It is urgent to learn from the advanced experiences of western developed countries,and to make reasonable construction arrangements to the Panda National Park(PNP)based on China’s specific conditions.This paper focuses on the construction of PNP and discusses the allocation of collective land property rights within its scope.Due to the particularity of the value pursuit of the National Park,the allocation of collective land property rights within the scope of PNP is different from that within the scope of non-national parks,but the same is to improve the well-being of farmers and protect their rights and interests.By sorting out the heterogeneity of collective land in national parks,analyzing the specific practices of national parks outside China,and combining with the actual situation,this paper puts forward the factors that should be considered in national parks in China.Four principles need to be considered in the allocation of property rights in PNP: priority of value objectives,promotion of farmers’ interests,type allocation and long-term goal adaptability.The property right of collective land is allocated in core protection area and general control area through the choice of priority principle.The core protection area will eventually be fully nationalized,and collective organizations cannot engage in production activities in the core protection areas where collective land is held by the country;the general control area will be treated differently according to the use of land,and finally form the space right of homestead,the unified management of public welfare construction land,and the introduction of foreign capital management for collective constructive land;the active release of the “separation of the three ownership rights” of contracted land in agricultural land,the perfect allocation of property rights under the forest land and the unified management of grassland use rights.Finally,the paper proposes the concept of the property right of collective land for the future PNP,of which core protection area and general protection area will not exist,and the collective land within the park will be owned and managed by the country.