Study On Regulatory Compensation Right Of Protected Areas In China

After decades of development,China's protected areas system has made many achievements in protecting biodiversity,maintaining national ecological security,and protecting natural ecological heritage.However,to some extent,controls are imposed on the indigenous residents to damage their rights such as property rights.Therefore,on the basis of the concept of regulatory compensation right,this paper explores and constructs the regulatory compensation mechanism of China's protected areas in response to the problems of restricted property rights of residents caused by China's protected areas planning,in order to achieve the purpose of balance between public and private interests.By sorting out the relevant laws and regulations of China's protected areas,this paper finds that the regulation of protected areas mainly reflects the restrictions on land use,restrictions on the right to use natural resources,and the restrictions on production and management activities.There are obvious deficiencies in the regulation and compensation of protected areas in China,such as the lack of a complete legal system for compensation for losses,inadequate protection of land and property rights of residents,and poor compensation and relief channels.In order to explore what kind of mode the regulatory compensation right should be for protected areas in China,this paper compares and analyzes three regulatory compensation right models,namely low compensation right,medium compensation right,and high compensation right model,and selects the corresponding country as a representative.Through the comparison of different compensation right models,this paper believes that the medium compensation right model is more suitable for the current situation of China's protected areas,because this model can ensure that excessive damages to property rights can be reasonably compensated without affecting the public interest by adding too much compensation burden to the government.Based on the determination of the compensation right model,this paper proposes four aspects of the specific construction of the compensation mode for the regulation of China's protected areas.In terms of compensation targets,the indigenous residents in the core protection zone and the residents who are not allowed to continue production or lose the legal right to use natural resources should have the right to compensation.Regarding the subject of compensation,this paper considers that the subject of regulatory compensation should be the state.In terms of compensation standards,appropriate compensation should be made from a fair market value.In terms of compensation methods,monetary compensation is recommended as the main compensation method.At the same time,taking into account China's national conditions,the compensation method can be supplemented by physical compensation,leasing,replacement,transfer of development rights,and policy support.