Research On The Legal System Of Community Co-management Of National Park In China

Reform of the national park system is an important part of ecological civilization construction under the background of new era in China.China will reintegrate and optimize the protected natural areas,to gradually build a system of protected natural areas with national parks as the mainstay.In order to accelerate the construction of national park system,the Central Committee of the Communist Party of China and the State Council issued an overall plan in 2017,which put forward the requirements of building a coordinated development system for national park communities and establishing a community co-management mechanism.Community co-management is a common management mode in which the community participates in the management of the protected area and undertakes part of the management and protection functions.It can effectively resolve the contradictions and conflicts between the community and the protected area,to realize the dual goals of ecological nature protection and the sustainable development of the community’s society and economy.In the future,national parks will become the most important type of natural protected areas in China,and it is of great significance to improve the legal system of community co-management of national parks,not only for national parks but also for the whole system of natural protected areas.In this paper,the empirical method,literature analysis and comparative analysis were used to analyze the problems existing in the legal system of community co-management of national parks in China.And concrete suggestions on the construction of the legal system of national park community co-management in China were put forward,on the basis of summarizing and drawing lessons from the practical experience of national park community co-management in China and abroad.The theoretical and practical significance of studying the legal system of community co-management in national parks was put forward in this paper,at first.At the same time,the research status at home and abroad was summarized and analyzed.Then the concept,basic theory,and the historical development of community co-management were demonstrated,to summarize the relevant experience.Whereafter,the legislative status quo of the legal system of community co-management of national parks in China was summarized,and the practice of community co-management in the pilot national park system of Sanjiangyuan,Qilian Mountains and Wuyi Mountains was analyzed.The main problems of national park community co-management in China were put forward,including the lack of legal protection,the lack of clear and unified management system and the lack of complete legal norms of community co-management.Finally,relevant suggestions to improve the legal system of community co-management of national parks in China were proposed through summarizing and drawing lessons from the practice of community co-management of foreign national parks.To my point of view,the legal system of community co-management of national parks should be improved first.The community co-management system should be stipulated in the "National Parks Law",and the legislation for community co-management of national parks in the pilot areas should be improved.At the same time,a set of national park community co-management system with central authority,hierarchical management and district-controlled management should be established.Secondly,two basic principles that the establishment of community co-management legal system should followed were proposed,that is,the principle of strict ecological interest protection and the principle of maintaining community public interest.Thirdly,the identification standard of national park community co-management subject qualification was raised,and the rights,obligations and responsibilities of the community in the co-management were offered,and the system rules of community co-management should be perfected and refined.Finally,the natural resource ownership system,fund guarantee system and ecological compensation system should further be improved,in order to ensure the effective implementation of the legal system of community co-management.