The Predicament And Countermeasure Of China’s Nature Reserve Legislation In China

General Secretary Xi Jinping put forward the important strategic thought of ecological civilization construction,it is suggested that the strict rule of law should be applied to the strictest ecological environmental protection system,and the system of ecological civilization system should be guided and regulated by the institution and the rule of law.As an important base for protecting natural environment and natural resources,nature reserves need stricter and more rigorous legal system to be protected.At present,the legal system of China’s natural reserve is not perfect.The lack of special legislation,the imperfect management system and the imperfect legal system have seriously affected the management and development of nature reserves.In the face of the current legislative dilemma,in order to make the construction and management of nature reserves more suitable for the needs of the times,more comprehensive and strict laws are the general trend.In fact,many countries in the world have reached a considerable scale of nature reserves,they have made high level of the Nature reserve special legislation,clear the legislative purposes and principles,for the construction of the nature reserve legal system to provide the legislative basis and basic criteria,so that the legal system of nature reserves clear hierarchy and has strong operability,It is worthy of reference in China.At the same time their advanced management system such as the British Land contract system,New Zealand’s "open"management system can provide a valuable experience for the legislative construction of China’s nature reserves,but also worthy of our study.Therefore,in order to improve the legal system of our nature reserves,we must revise and make the law of nature reserves on the basis of the existing regulations of nature reserves,improve the legislative purpose,basic principles and the adjustment range of nature reserves.So that the construction and management of nature reserves more standardized and coordinated.At the same time,we should use the "management contract" model to improve the system of land ownership and economic compensation,and set up the system of compensation fund for ecological benefits in the capital system,and make the public participation system as a basic system,which is clearly stipulated and perfected in the law of nature reserves.Finally,we should perfect the civil,criminal and administrative liability for violating the Nature reserve management system,and fully guarantee the implementation of the relevant legal system.