Sino-Foreign Urban Park Legal System Comparison

The construction management of urban parks needs the guidance of legal system.Since 1949,China’s rapid economic development has driven the construction of the city.The State Council,the relevant ministries and commissions and local governments have formulated laws and regulations on urban parks.In 1990 the Ministry of Construction issued by the State Council Legislative Affairs Bureau of Construction of the Legal System Plan.Up to now,there are laws and regulations concerning the construction of urban parks in China,such as Urban Greening Regulations,Park Design Code and Urban Green Space Classification Standard.Therefore,it is necessary to research on the legislation of urban parks.Since 2014,Ministry of Housing and Urban-Rural Development of the People’s Republic of China(MOHURD)has carried out the research work on the legislation of the Urban Parks Ordinance.The draft is currently being revised and improved.The legal system of Japan and South Korea is belong to the continental law system,which is similar to the Chinese legal system.The legal system of the United Kingdom and the United State is a typical Anglo-American legal system,which is representative in the world.Relative to China,the United Kingdom,the United States,Japan,South Korea established the relevant laws and regulations of urban parks earlier,which is more perfect.The paper compared the urban park laws and regulations in Japan,South Korea,the United Kingdom and the United States,analyzed the Chinese and foreign urban park legislation background and legal history,compared the urban park law enforcement agencies,set standards,facilities management,financial security,land protection and occupancy permits,behavior management,legal liability,to discussed on the problems existing in the relevant laws and regulations of urban parks in china.The purpose of the paper is to put forward some suggestions to perfect the legal system of urban parks in China,protect the natural and human resources,strengthen the planning,construction and management of parks,and improve the service ability of parks.This paper argues that the promulgation of the Urban Parks Ordinance and the construction of a perfect urban park law system are imperative.First of all,the regulations should address the requirements of urban park construction,facilities,management system,to strengthen legal science and operability.Secondly,it was necessary to strengthen the macro decision-making and management,conncect the urban park to the land planning and management regulations,integrate regulations and other laws and regulations.Finally,the relevant policies and laws of urban parks should be considered together,and the implementation of the law ensured that the policy is specific and standardized.