Research On The Legislation Of National Park Franchise In China

The construction of ecological civilization is an important development direction of our country in recent years,and the establishment of National Park System is one of the important contents.In 2017,the general office of the state council and other units released the overall plan on the development and management of national parks,stipulating that China’s national parks should adopt a franchise system for specific projects.It shows that China has started the construction of National Park System and further promoted the establishment and development of franchise management model in National Park field.The combination of National Park System and franchise operation mode conforms to the national conditions of China’s socialist developing countries and is also the inevitable choice of socialist market economy.However,China’s National Park System is still in the pilot stage,and there are still many deficiencies in relevant legislation,resulting in the lack of unified legal basis for the promotion and supervision of national park franchise system in various regions.This article first introduces the related concepts of national park franchise,then analyzed the necessity of national park franchise legislation in China,At present,the definition of national parks by International Union for Conservation of Nature(IUCN)is taken as the standard in the world.China has no formal definition of national parks,but it is clear that national parks are a type of nature reserves.After analyzing the construction of National Park System and the development of national park franchise system,the conclusion is drawn that China should make special legislation for national park franchise.Then,the necessity of legislation is analyzed,that is,compared with the defects of the traditional operation mode of national parks,the franchise operation mode is superior,and the special legislation of the franchise operation of national parks can provide an institutional guarantee for its development.At the same time,the current franchise mode started soon,there are some problems that need legislation to solve.Finally,as an important part of the construction of ecological civilization,National Park System needs legislation on the franchise system to improve the construction of National Park System.Then this paper introduces the current national park franchise legislation situation and insufficient.Including the summary of our central legislation,local legislation and related policies.The local pilot legislation of our country present stage has achieved certain success,legislative witnessed a gradual development of the situation.However,the special legislation on franchising of national parks mainly consists of administrative rules and normative documents.The legislation level is low,and the content is relatively general.In terms of contents,there are: the entry and exit mechanism is not perfect,it is difficult to guarantee the fairness of the competition in the selection of the franchisees and the smooth follow-up work after the completion of the franchise project;The lack of clarity in the setting up of management organs and the distribution of power and responsibility leads to power contention or responsibility shifting;The content of franchise agreement is not perfect,such as franchise period,franchise fee and other content is not scientific and reasonable.Then this paper analyzes the legislation status of national park franchise system in the United States and other developed countries.The American national nark franchise model has a long history of development,and has accumulated a wealth of legislative experience in the exploration.At the same time,the country has a number of national park franchises,and the content is relatively complete.Canada is relatively mature administrative and institutional Settings.Japan,South Korea and other countries are lack of national park franchise special legislation,but in the specific legal provisions,such as the franchisee access regulations and environmental protection issues more scientific,the maneuverability is strong,worthy of the appropriate reference in the process of legislation in our country.At last,this paper proposes the legal basis,legal form and main contents of establishing the legal system of China’s national park franchise by referring to the above national park franchise legislation,the following improvement plan can be obtained: with the principle of sustainable development and interest balance as the legislative principle,the National People’s Congress shall formulate the National Park Act,and make unified provisions on the basic issues of national parks.The state council shall formulate the regulations on the franchise management of national parks to make specific provisions on the franchise matters of national parks.At the same time,according to the above laws,on the basis of vertical management,The central to local National Park Service has been set up as a special management agency for national parks.Finally,in the national park franchise management regulations,the admittance and withdrawal system,supervision system,franchise agreement and other contents are further stipulated and improved.