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

In order to deal with the conflicts between the current national park system construction and the local community,and realize the harmonious coexistence of human and nature,the follow-up management of national park needs to break through the shackles of the traditional administrative mode,change the management concept,and establish the community Co-management system of National Park.This paper mainly aims at the difficulties faced by the National Park community Co-management system,combined with foreign experience,puts forward suggestions to improve the National Park community Comanagement legal system in China.This paper is divided into five parts:The first part focuses on the basic theory of the National Park community Comanagement system.On the one hand,it analyzes the concept of National Park and community Co-management,so as to understand the connotation of National Park and community Co-management more accurately.On the other hand,the implementation of the system needs certain theories as the basis.For the National Park community Co-management system,modern property rights theory,civil society theory,interest balance theory and participatory development theory can provide some theoretical basis for its establishment.The second part demonstrates the necessity of introducing community Comanagement system into national parks.Due to many disadvantages of traditional administrative management mode,the management effect of nature reserves in China is not high.As a new management mode of national park management,community Comanagement has many advantages and is an important means to coordinate national park protection and local community development.The establishment of National Park restrains the survival and development of local community residents,brings local community into the main body of national park management,explores the way of balance between protection and development,and conforms to the requirements of the principle of environmental justice.The third part combs the current situation of community Co-management system of National Park in China.By combing the current situation of policy,legislation and practice,it is found that the community Co-management system has been supported by policy,some laws can be relied on and has been practiced in other natural protection in China,and has achieved some results.Therefore,it is feasible to establish community Co-management system in national parks.The fourth part analyzes the difficulties of the community Co-management system ofNational Park in China.On the one hand,due to the lack of support of high-level legislation,the National Park community Co-management system is difficult to implement.In addition,the existing local legislative provisions are too principled and lack of clear provisions on the core content of community Co-management,which virtually reduces the practical operability.On the other hand,because the relevant supporting systems such as National Park protection easement system,National Park franchise system,ecological compensation and wildlife damage compensation system are not perfect,it also leads to the practical dilemma of the operation of National Park community Co-management mechanism.The fifth part puts forward some suggestions to improve the National Park community Co-management system.On the one hand,by accelerating the legislative process of the National Park Law,the top-level design of the National Park community Co-management legislation is realized,and the special legislation at the local level is gradually promoted.In the local legislation,the core issues such as the basic principles,subjects,objects,rights and obligations,and procedures of community Co-management are clearly defined to enhance operability.On the other hand,through the establishment of National Park protection easement system,the improvement of ecological compensation,wildlife damage compensation,National Park franchise and other supporting systems,to enhance the linkage,in order to ensure the smooth operation of National Park community Comanagement mechanism.