The Research On Legal Protection Of Nature Reserve

Nature Reserve is the most effective route to protect natural resources, maintain bio-diversity, keep ecological balance, and promote harmonious development of man and nature. It is a supreme form of conservation of nature as well. The definition of Nature Reserve determines law regulation scope and legal arrangements about Nature Reserve of the country. IUCN defines the Nature Reserve as "An area of land and/or sea especially dedicated to the protection and maintenance of biological diversity, and of natural and associated cultural resources, and managed through legal or other effective means". The country with more complete legal protection of Nature Reserve mostly adopts a broad sense concept integrated with IUCN. The definition of the Nature Reserve is only a type of IUCN in "regulations of Nature Reserve" of our country. Such a narrowly defined definition has already been unfavorable to the legal protection of the Nature Reserve.Since the U.S.A. set up the first Nature Reserve in 1872, various countries begin to set up the Nature Reserve and implement legal protection to it, such as the U.S.A., Canada, Britain, Australia, New Zealand, Japan and so on. In these counties, the legislative system was improved. Legislated relevantly, the management system is smooth and the economy is abundantly protected. These common characteristics are worth drawing lessons from.The Nature Reserve of our country legislates to start in the fifties of the 20th century, go through preliminary staying cool, and after the developing stage, enter a fast developing period. Up to the end of 2004, our country set up 2194 Nature Reserves of different ranks together. The area covered 148,226,000 hectares, and has already reached the international most advanced level on the quantity. The following subject problems exist in our country: in legislating: it's system is not improved, purpose is indeterminate, legal liability is improper, enforcing the law respectfully, deviation from ideas, insufficient fund input, unqualified enforcers, abiding by the law, short of environmental protection and abide by the law...