Discusses The Legal Regulation Of Community Co-management Of Nature Reserves In China

Nature reserve system plays a great role in the protection of natural resources and ecological environment in China,but the establishment of a large area and a number of natural reserve gradually emerges the contradiction between the nature reserve and the local community residents.The contradiction of the protection and development becomes the main limiting factor in the development of nature reserve system.In the past practice of our country, we mainly use the laws,regulations and administrative orders and other means to resolve these contradictions.However, these measures have a lot of disadvantages, which often ignore the objective needs of the local community residents in the survival and development, and intensity the contradiction between the nature reserve and the local community residents. Community co-management system is introduced to solve the urgent problem, which plays a pivotal role on the coordination of natural protection areas for conservation and community economic development. The design of the system reflects the modern legal system of fair and democratic ideals, the system can largely safeguard fair between nature reserve and local community development, relatively narrow nature reserve is located with other regional unbalanced development condition, can guarantee the community participation of environment, maintain the balance of rights and obligations, reflects the trend of the development of the current environmental law; Its design is a core content of collaborative concept, emphasizes under the supervision of reserve management and leadership, local communities and reserve management institution of mutual help, support and cooperation. From around the world in terms of practice, community co-management system because of the protection of nature reserve and local community development in harmony of a huge advantage to get the favour of countries, as well as a wide range of implementation of the system in China has provided the practical experience and support.However,due to the existence of some problems such as legal constraints, system defects,imperfect corresponding operation mechanism,imperfect security system,the scope of the implementation of the condominium and sustainability are limited,the community co-management did not play its due effect.It can’t really solve the sharp contradiction between nature reserve and community in our country.In this paper,starting with the basic theory of Community Co-management of Nature Reserves,taking the implementation status of the community co-management system in China as the background,based on legislation and practice,through the specific case,combining with foreign beneficial practice analyses the legislation,run system, security system of Community Co-management of Nature Reserves.That through the community co-management of nature reserves legislation’s analysis of legislative principle, legal status and basis,separation of property rights,co-management committee, supervision mechanism of the operation system of community co-management of nature reserves,and the financing system, incentive system, compensation system of it,put forward more specific legislation and practical suggestions,which to make contribute to the good operation of the community co management system of nature reserves in China.I hope that the community co-management system can play its outstanding achievements in the sustainable development of nature reserves and social economy in our country...