Research On The Legal System Of Protecting The Rights Of Residents In Nature Reserves

In recent years,China has proposed to build a natural protected area system with national parks as the main body,nature reserves as the basis and various nature parks as the supplement,according to the authenticity,integrity,systematism and internal laws of the natural ecosystem,and drawing on international experience.Therefore,China’s natural reserve system should be gradually established and perfected on the basis of the original nature reserve system.Nature reserve system since its establishment,has obtained the remarkable achievements in the field of ecological environment protection,but with the increase of natural landscape types,and the development of environmental law at home and abroad and relevant theories enrich and perfect,and other special area of nature reserves in China simply adopt the"barriers" protected mode has gradually showed a certain disadvantage,The compulsory ecological protection measures,which are mainly reflected in the administrative order,can easily lead to the conflict between public and private environmental interests and the imbalance of regional interests.However,there are many deficiencies in the protection of these rights in the current laws and regulations.Through the analysis of the legislation and practical experience of the residents in the nature protected areas,In China,the residents’ rights of land use right,survival and development right and participation right have been restricted to different degrees.There are more prohibitive norms of power exercise than remedial norms.Lack of the basis to participate in the management of protected areas and the right relief;There are too few ways to exercise rights,and residents have limited space for development.With the domestic emphasis on the promotion of ecological civilization construction and the international ecological conventions promoting the internationalization and commonality of the system of nature reserves,as a member of the environmental legal system,my country’s system of nature reserves needs to be traditionally "barrier-style." The transition from protection to "symbiosis" protection means that while protecting the ecological environment,the basic rights of local residents must also be guaranteed.From the perspective of promoting ecological construction and promoting the sustainable development of protected areas and residents,the protection of residents’ rights should start from the following aspects:First,it is necessary to establish a reasonable legislative system for protected areas and clearly define the rights of residents in protected areas.Secondly,the ways to exercise rights should be broadened,including top-down and bottom-up two-way linkage,and rights relief can use both public and private means.Finally,based on the experience of foreign legislation and the management practices of nature reserves in my country,the system design recommendations for improving the protection of the rights of the residents of nature reserves are proposed:perfect the natural resource ownership system,perfect the franchise and ecological compensation system,and establish a community management system.