The Research On The Legal Problems Of Protecting The Rights Of Indigenous Residents In National Park In China

The purpose of the national park is to conserve the natural environment,and to implement overall protection,system restoration,and comprehensive governance in accordance with the integrity,systematicness,and internal laws of the natural ecosystem to protect the authenticity and integrity of the ecosystem;scientific research,environmental education and recreational functions ensure the interests and well-being of the public.As a stakeholder,national park indigenous residents will be affected to varying degrees in the construction of national parks.If the rights and interests of indigenous residents are not fully protected,it will affect the construction process of China’s national parks to varying degrees,and it will also violate the original intention of achieving poverty alleviation and achieving a well-off society.In order to coordinate and solve these problems,this article believes that the root of the problem lies in: insufficient understanding and protection of the rights and interests of indigenous peoples,especially the failure to properly handle the land use rights of indigenous peoples in the treatment of collective land within the scope of national parks;Emphasizing the protection of biodiversity while ignoring the protection of cultural diversity;inadequate community feedback mechanisms harm the development interests of indigenous peoples;immature collective inco me distribution mechanisms have caused the related rights and interests of indigenous peoples to be damaged.In order to achieve the coordinated development of national parks and indigenous peoples,and to achieve the goal of indigenous peoples to become staunch "guardians" and "guardians" of the national park’s ecological environment,we must pay attention to the ecological environment value of national parks while at the same time Take into account the economic and development interests of indigenous residents.This article first describes the legitimacy of protecting the rights and interests of indigenous peoples from the three basic theories of natural rights,environmental justice,and ecological civilization;secondly,it focuses on four aspects of national parks ’indigenous peoples’ land rights,national traditional culture,community nurturing,and collective income distribution.The current situation and existing problems in these aspects are discussed.Finally,based on the mature experience of dealing with national parks and indigenous peoples outside the region,corresponding suggestions are made.In the process of nationalizing collective park land in national parks,it should be carried out step by step according to local conditions and strengthened.Local special legislation on ethnic traditional culture,the government and enterprises should assume the heavy responsibility of protecting and publicizing the ethnic traditional culture peculiar to the local residents,improve the community’s nurturing mechanism,and compensate the indigenous residents for supporting the national park’s ecological protection through various ways of nurturing the community.The loss of the policy,maximize the role of minority cultures and customs in the protection of national park resources,refine the method of income distribution,and protect the legitimate rights and interests of each indigenous resident.