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On The Improvement Of National Park Management System Under The Background Of Central-local Relationship

Posted on:2022-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:L W LiFull Text:PDF
GTID:2491306485488674Subject:legal
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National parks are the mainstream institutional means of regional ecosystem protection in the world at present.In order to break the shackles of chaotic standards,repeated settings,diversified management,insufficient protection and over-exploitation of the original nature reserve system in China,and to better build an ecological civilization protection system and a beautiful China,the CPC Central Committee proposed to establish a new nature reserve system with the national park system as the main body.The new nature reserve system is the integration and transformation of the old nature reserve system,in which ecosystems and geographical areas with national representativeness and national strategic significance are classified as national parks.In principle,the central government implements vertical management and implements the strictest protection measures.As a new system in China,the central government has set up several pilot areas throughout the country to conduct national park management system experiments,which have achieved positive results and formed three main management modes.The management of national parks involves ecological environment protection,property right management of state-owned natural resources,establishment of management institutions and division of functions and powers,etc.In practice,the exploration of relevant systems has encountered obstacles to varying degrees,mainly because the distribution of central and local powers and financial rights in park management is not clearly defined in law.With the strictest environmental protection measures in national parks,there will inevitably be conflicts of interests between economic development and ecological protection.Under the old nature reserve system,all kinds of ecological protection areas were mainly managed by territories,and the income from the development and utilization of natural resources in the area was mainly retained by the territorial government.The establishment of the national park not only reduces the power content of the local government in the park,but also reduces the direct income obtained by the local government from the development and utilization of the park.Driven by the interests,the local government must have the game behavior with the central government in the park construction,which is actually the specific diffraction of the relationship between the central and local governments in the field of environmental protection.Therefore,in order to better promote the construction of national park management system,it is necessary to sort out the problems in the pilot practice from a new perspective under the background of the adjustment of central and local relations,and then seek solutions.Under the background of central-local relations,the core content of the national park management system is the division of powers between the central and local governments,the guarantee of financial rights,the establishment of institutions,supervision and supervision,covering the main contents of natural resources property rights management,ecological protection and law enforcement supervision,park ecological compensation,franchising,park zoning control and so on.The main improvement difficulties are also manifested in the unclear division of powers between the central and local governments,the mismatch of financial security,the disunity of institutional setup,and the imperfection of supervision mechanism.Comparing the relevant institutional experiences of typical countries outside the country,such as the federal-led system in the United States,the local autonomy system in Germany,the collaborative governance system experience in Japan,and the institutional reform experience from centralization to decentralization in France,it is clear that clarifying the relationship between the central and local governments in national park management is conducive to giving full play to the central and local enthusiasm and improving the government’s management efficiency,while maintaining the central macro-control ability,giving full play to the local management enthusiasm.Therefore,based on the perspective of central-local relations,this paper suggests that in the improvement of China’s national park management system,we should first clarify the boundaries between central and local powers,further strengthen the implementation of central powers,clarify the sharing of local powers,and determine the shared powers between central and local governments at different levels.Secondly,according to the principle of "matching wealth with affairs",we should ensure that the management of national parks is mainly invested by the central government,improve the mechanism of filling local financial losses,and expand diversified funding channels to ensure the balance of revenue and expenditure of park management.Thirdly,we should standardize the establishment of national park management institutions and set up a unified national basic administrative structure.On this basis,we should give local national parks certain management flexibility through legal authorization or local legislation,and set up special management institutions according to the characteristics of the park to realize the organic combination of general and special.Finally,we should optimize the internal supervision and assessment mechanism of the government and strengthen the participation mechanism of public external supervision to form a complete closed loop of national park operation and management.
Keywords/Search Tags:Relationship between Central-local Governments, National Park, Management System, Administrative Power and Financial Power
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