Research On The Protection Of The Rights And Interests Of Collective Land Within The Scope Of Natural Protected Areas In China

At present,China is speeding up the construction of a protected natural area system with national parks as the main body.Ten national park pilot units have passed the acceptance inspection,and the first batch of official national parks will be established soon.From the perspective of the protection of collective land rights and interests,the process of promoting the construction of the natural protected area system with national parks as the main body is also the process of disposing of the collective land within the protected area.How to dispose the collective land within the scope of natural protected areas concerns the realization of the land rights and interests of local community residents,and is an important issue in promoting the construction of natural protected areas system.For different types of natural protected area within the status quo of different proportion of collective land,can be taken to change the collective ownership of land,to rent methods such as circulation of collective land use right and land use in conservation easement contract regulation three ways of natural protected area within the scope of collective land rights structure adjustment.In practice,the above three ways all have difficulties to some extent:the cost of collective land acquisition in natural protected areas is high and easy to cause conflicts;Based on collective land into natural protected area for a specific nature reserve management organization this characteristic,in the context of farmland "separation division",on the basis of the existing legal provisions,natural protected area management agencies can only by leasing,contribution,replacement and foreclosure methods such as access to natural protected area collective land power,but these methods have advantages and disadvantages;It has obvious advantages in practice to regulate collective land use by signing the easement contract,but it still lacks the basis of current law.The fundamental reason for the insufficient protection of the rights and interests of collective land within the scope of natural protected areas is that the lack of ecological space registration leads to the confusion of land ownership confirmation,which leads to the difficulty of the administrative organs of natural protected areas in exercising land management rights in a timely and effective manner.Under the mode of functional zoning of natural protected areas,the regulation of collective land use is diversified,but the rights and interests of collective land cannot be fully guaranteed due to the insufficient supply of collective land right structure.As a result,the legislature should be guided by the concept of "public welfare",targeted for the act of nature reserve,and in which regulates related parties’ rights and obligations on the land,to set up the conservation easement system and stick to its content of qualitative,to maintain the natural protected area within the scope of collective land rights and interests to provide legal protection.Regarding the disposal of the collective land within the scope of the protected natural areas,the administrative organ of the protected natural areas shall,on the premise of safeguarding the land rights and interests that community residents should enjoy,take the construction of the protected natural areas system as the goal.Combined with the types of collective land in the natural protected areas,the proportion of collective land,land control requirements in different functional zones,residents’ acceptability,operability and other factors,the control of collective land use in the protected areas can be realized by means of selection of expropriation,transfer of collective land management right and signing of conservation easement contract.In addition,still should improve land expropriation compensation standard,on the basis of perfecting the land circulation rules combined with the actual situation to adopt flexible and varied circulation way,and to strengthen the construction of community co-management sharing system and other supporting system,ensure that the natural protected area within the scope of collective land for effective control on the basis of the realization of the aim of safeguard the rights and interests of local communities of land.