Research On Public Participation System In National Parks

The national park system construction has become the focus of China’s ecological civilization construction.With the development of the pilot,China’s national park system faces a series of challenges at both the theoretical and practical levels.The current national park public participation system also has many shortcomings.Therefore,this paper aims to examine the public participation system of national parks in China,reflect on its shortcomings,and combine the extraterritorial experience to provide practical and targeted suggestions for the improvement of the system,and then provide the full play of the subjective initiative of the public.The support of the legal system has contributed to the construction of China’s national park system.In addition to the introduction and conclusion,this paper consists of four chapters.The first chapter gives an overview of the national park public participation system.First,the relevant concepts of the national park public participation system are defined.Secondly,the theoretical basis of the public participation system of national parks is expounded from three aspects: environmental public property theory,environmental public trust theory and environmental rights theory.Thirdly,it discusses the function of the national park public participation system,that is,the public participation system is the necessary path to realize the basic functions of the national park and the solution mechanism of conflicts of interest between different subjects in the national park.Finally,the basic framework of the national park public participation system is analyzed based on the three rights of “right to know,participation,and relief” and the important aspects of the“legislative,law enforcement,and judicial” legal systems.The main contents of the park public participation system are described,including the national park information disclosure system,the legislative public participation system,the law enforcement public participation system,the judicial public participation system and the relief system.The second chapter expounds the status quo of the national park public participation system in China and analyzes it.Firstly,on the basis of introducing the relevant legislation at the national level in China,the relevant provisions on national public participation in national legislation are elaborated in five aspects: information disclosure,legislative publicparticipation,law enforcement public participation,judicial public participation and relief.Secondly,the relevant provisions of the Sanjiangyuan National Park Regulations,the Shennongjia National Park Protection Regulations and the Wuyishan National Park Regulations on the public participation of national parks in China’s local level legislation are elaborated.Finally,the problems of the public participation system of national parks in China are summarized.First,from the perspective of the national park information disclosure system,the main body and scope of information disclosure are unreasonable.Second,from the perspective of the national park legislation public participation system,The public’s opinions and suggestions on national park legislation are difficult to respond effectively,and there is no way to effectively participate in national park legislation.Third,from the perspective of national park law enforcement public participation system,there is a lack of extensive and in-depth public participation in national park law enforcement.Fourthly,from the perspective of the public participation system of the national park,the scope of the people’s supervisor system and its scope of application are limited.The people’s jurors lack professionalism and are difficult to apply to the judicial activities of national parks.Fifth,public participation in relief from the national park.Institutional point of view,the national park reporting and complaint system is not perfect,environmental public interest litigation is difficult to fully protect the public’s right to relief in the national park.The third chapter describes the public participation system of national parks in the United States and South Africa,and summarizes relevant experiences.First of all,it discusses the typicality and reference of the public participation system of national parks in the two countries.Second,the national park public in the United States "Freedom of Information Act" "United States Environmental Policy Law",as well as South Africa "National Park Information Disclosure Implementation Guide","National Environmental Management Law: Protected Areas Act","National Environmental Management Law" and other normative documents The relevant regulations for participation were analyzed.Thirdly,the implementation of the public participation system of the national parks in the United States and South Africa was elaborated.Finally,the relevant experiences of the public participation system of national parks in the two countries are summarized.First,for the protection of the right to know,the scope of information disclosure of national parks should be expanded,and the information disclosure system should be refined based on thespecific background of national parks.Second,for the protection of participation rights,the national park volunteer service system and the national park professional training system should be used to improve the public participation of the national park,and the public participation of the national park through the community co-management system.Third,for the protection of relief rights.The important role of ordinary citizens and environmental organizations in public participation in national parks should be given full play.The fourth chapter expounds the perfect path of the public participation system of national parks in China.First,in improving the national park information disclosure system,the main body of national park information disclosure should be expanded to refine the scope of national park information disclosure.Second,in improving the national park legislation public participation system,the national park legislation should be strengthened in response to public opinions,and the legislative auditing system should be introduced into the national park local legislation.Third,in improving the national park law enforcement public participation system,we should improve the national park volunteer service system and build a national park professional training system to improve the public participation of law enforcement in the national park.In addition,the provisions on community co-management agreements should be refined to promote the construction of the National Park Community Co-management Committee to improve the in-depth public participation of law enforcement in national parks.Fourth,in improving the judicial public participation system of national parks,the main scope and scope of the people’s supervisor system should be expanded,and a professional jury system for national parks should be constructed.Fifth,in improving the public participation relief system of the national park,a unified national park reporting and complaint system should be established,and the plaintiff’s main body qualification of the national park environmental public interest litigation should be appropriately relaxed.