Research On The Legal Issues Of National Park Construction In China

Since the party proposed the establishment of the National Park System in the third Plenary Session of the 18 th CPC Central Committee,the construction of national parks as a theme of ecological civilization reform and important means for the realization of beautiful China has made great breakthroughs and many achievements in theory and practice.However,there are still many problems in the construction of national parks reflecting systematic obstacles,which are in urgent need of theoretical research.This paper analyzes the construction of national parks from a legal perspective and abstracts four legal problems with internal relevance: the construction of the statutory concept,the allocation of the right of approval,the nationalization of the natural resources and assets and the perfection of the franchise system.The statutory concept construction lays a research foundation for other three legal issues;the allocation of the right of approval can carry out the core connotations of national park from the source through ensuring orderly access to national parks;the nationalization of the natural resources and assets guarantees the national significance and public welfare nature of the national parks;the perfection of the franchise system ensures the implementation of the principle of protection and use.First,through comparative study,it is determined that the statutory concept of national parks should contain four core connotations: ecological integrity,national significance,public welfare nature and the principle of protection and use.Second,the right of approval is divided into the right to review and the right to ratification from the substantial and procedural aspects.The power of review shall be exercised jointly by the Ministry of ecology and environment and the Ministry of natural resources.By examining whether the park is ready to meet the targets of the national park,we can control the access of the national park in the substance.And the right of ratification is exercised by the State Council.By examining the applications of national parks,we will restrict the exercise of censorship and ensure the national significance of national parks in form.Third,while the reasonable allocation of review and ratification power has granted national park the national significance in the procedure,the nationalization of natural resources and assets guarantees the national significance in essence.Raising the proportion of natural resources owned by the whole people through the circulation and environmental protection easement system and regarding the national park as an independent natural resource ownership registration unit can enhance national control over natural resources and assets in the park in order to ensure the national significance and satisfy the objective requirements of public welfare nature.At last,although the study of nationalization of natural resources and assets has raised the national significance and created a premise for public welfare nature,how to realize its public welfare nature in the management of national parks involves the improvement of franchise system.Through the study of the nature and premise of franchising,this paper analyzes the improvement of the franchise system of national parks from the entry and exit mechanism.The study of legal issues in national park construction is divided into four micro legal problems based on a total-sub structure.Besides,the paper makes a strategic study of every legal issue from the aspects of performance and reasons.By adopting this research method,we can break the traditional research framework of analyzing problems and solving problems in order to make the paper better-knit.