| Ecological compensation as a way of tourism poverty alleviation,not only can maintain a high level of sustainable development ability of tourism,but also give farmers in key ecological function areas the ability and opportunity of sustainable development.The national development and reform commission(NDRC)and the national tourism administration issued the national ecotourism development plan(2016-2025)in 2016,which further proposed to explore innovative mechanisms such as ecotourism investment and financing,environmental education,ecological compensation,and form a new model of mutual promotion and virtuous circle between ecological protection and tourism development.Adhere to the decisive role of the market in the allocation of resources,give full play to the guiding role of the government,to mobilize the enthusiasm of all kinds of market players,social organizations,broaden the channels of participation,so that local residents to share more eco-tourism development dividends.Accordingly,various regions have also issued a policy document on tourism ecological compensation.Although the state has issued a series of policies on eco-tourism,due to the serious shortage of legal supply of tourism poverty alleviation in key eco-functional areas,China’s eco-tourism poverty alleviation presents the characteristics of poverty alleviation and tourism separation road development outstanding and overall top-level design needs to be improved,the government-led poverty alleviation effect is obvious and market-oriented and social participation is low.How to renew the legislative idea and innovate the legal system,in order to realize the goal that the residents of the key ecological function areas get rich through ecological tourism has become a hot issue to be answered urgently in the legal field.Ecological compensation and the mode of development of beneficial poverty are coupled,so the design of the legal mechanism of tourism ecological compensation in China’s key ecological function areas should follow the principle of beneficial poverty and construct the legal mechanism of tourism ecological compensation based on rights.This article through to the key ecological function area tourism poverty alleviation and ecological compensation coordinated development legislative idea and the legal system innovation,in order to realize our country key ecological function area residents through the ecological tourism poverty alleviation rich goal.In view of the legal predicament of eco-tourism poverty alleviation in China’s key eco-functional areas,this paper attempts to innovate the legal mechanism of eco-tourism compensation in China’s key eco-functional areas through the successful experience of eco-tourism poverty alleviation outside the mirror.The theoretical basis of tourism ecological compensation for poverty alleviation in key ecological function areas lies in the theory of human rights protection,the theory of ecological public goods supply side,and the theory of ecological justice.At present,there is a lack of legislation on tourism ecological poverty alleviation in key ecological function areas at the national level.in practice,it is difficult for local and rural communities to participate in the distribution of eco-tourism income,the transfer of forest rights is limited,the financing channels of compensation funds are few and the ecological compensation standards are unscientific.The legal mode of reducing poverty through tourism ecological compensation is widely adopted in the world,mainly including establishing the mechanism of sharing tourism interests in local communities,perfecting the mechanism of diversified ecological compensation,and broadening the channels of diversified financing.China can learn from the mature legislative experience of foreign countries,and build the legal road of ecological tourism poverty alleviation in key ecological function areas of our country.Specifically,first of all,by giving rural community residents the substantive right to participate in eco-tourism,community residents to participate in eco-tourism planning and decision-making,the development of community-based eco-tourism poverty alleviation,reconstruction of the right-based tourism ecological compensation legislative concept.Secondly,through the innovation of the system to achieve the key ecological function of the local community tourism ecological poverty alleviation of the rule of law.The specific system includes the following aspects: the establishment of the government,enterprises,tourists,the main body of diversified tourism ecological compensation;Through the transfer of financial payment,special tax,bank loans,PPP and other ways to broaden the diversified ecological compensation financing channels;Guide the key ecological function of the poor population will land,forest and other resources to the village cooperatives or shares of eco tourism enterprises,promote the transfer of tourism resources management rights;Market-oriented and dynamic ecological compensation standards are adopted to encourage the poor people in key ecological function areas to provide sufficient and high-quality eco-tourism products. |
