The Research On China’s Nature Reserve Management Legal System

Since the establishment of the first nature reserve--Guangdong Dinghu MountainNature Reserve in1956, China’s nature reserve has made great contributions toprotect biodiversity and to meet the scientific research and citizens spiritual culturedemands. It is of great significance in national ecological safety, sustainabledevelopment of economic and the sustainable utilization of natural resources. In thebackground of the new period of China’s economic and social development and theemphasizing of the construction of ecological civilization, to strengthen the protectionand management nature reserve, as the epitome of the construction of ecologicalcivilization, to strengthen the protection and management for it will good role modelin the construction of ecological civilization. The introduction of the publicparticipation principle in nature reserve management has been widely spread andapproved in the world, it is the requirement of sustainable development andconstruction of ecological civilization.This paper examines China’s nature reserve legal system under the principle ofpublic participation in environmental law. Firstly，it introduces the current situation ofthe development of the nature reserves in China, put emphasis on the achievements innature reserve construction since the reform and opening of China; Secondly, itsummarizes the legislation system which contains "nature reserves ordinance” as thecore, with other specific laws and regulations as the supplement, this papersummarizes the current situation of the development of nature reserves and legislationsystem. On the basis of the present legislation on environmental law, from theprospect of public participation in environmental law, this paper pointed out theexisting problems of the current legislation, which include the out-dated guidingideology, the residents rights and responsibility is not clear, the interest coordination system has not been established and the lagging ownership and management modeconcerning land and other natural resources; Finally, this paper introduced themanagement system and operation mechanism in China’s nature reserve. It points outthe problems in the nature reserve management system and operation mechanism, inwhich included the dependency of single administrative measures and the lack ofsupervision.The development and perfection of the nature reserve legal system should bebased on the public participation principle. In order to guide the construction ofnature reserve legal system by public participation principle, we should understandthe connotation of public participation principle. It firstly introduces the concept ofpublic participation principle, analyzes its theoretical basis, and points out theimportant value of public participation principle in improving the environmentdemocratic, realizing the environmental justice and efficiency and raise the level ofcitizens’ consciousness on the environmental protection. The introduction of theprinciple of public participation in can make up the defect of China’s natural reservelegislation, management system and operation mechanism. It is helpful to change theguiding ideology of nature reserve legislation, to improve the environmentalprotection consciousness of local residents, to alleviate the conflict between thenature reserve and the surrounding social development, to establish different channelsof raising funds, to promote the establishment of community co-management system,change the way of nature reserve management and promote the perfection of thesupervision mechanism.The improving measure of China’s nature reserve legal system is theintroduction of the principle of public participation. The establishment of publicparticipation system is an important content of perfection on the nature reserve legalsystem, China needs high level basic law of the reserve protection. As a importantdirection of development for the basic law reform of the reserve, public participationsystem should be reflected in the basic reserves protection law. To perfect our naturereserve legal system, it is required to expand the range of participation body, fullymobilize the public and the enthusiasm of social organizations. The scope of publicparticipation should be expanded to the legislative, executive, and judiciary. The law should give the public full right to know environmental information, based on this,the law should guarantee the public participation in environment legislation of naturereserve, administrative decision-making, administrative law enforcement and thejudicial relief process. After the discussion of participation body and participate scopein nature reserve, the construction of specific regime became the top priority of thelegislation procedure. Public participation principle requires the establishment ofcommunity co-management system, expand management body and create procedureguarantee to realize the nature reserve and the sustainable development of the localcommunity. The construction and development of nature reserve should fully considerthe public interests, define resources ownership, ban the unjustified reasons to deprivethe public environmental rights and establish the reasonable circulation system ofownership. The construction and planning of the nature reserve should not rule outthe local community residents and deny their right to exist. The residents should beconsidered as the local ecological consumers. In the premise of improving theirenvironmental protection consciousness, ecological consumption idea must beestablished, in order to promote the sustainable development. Setting up reserve fundsystem requires expanding capital source, encouraging social donation, advocatingpublic investment, improving the ecological compensation system, and setting up theecological compensation fund in order to relieve the pressure of reserve funds, realizethe harmonious development of the community and reserve.