The Practical Dilemma And Legislative Perfection Of Legal Protection Of Natural Reserves In China

In the reports of the Third Plenary Session of the 18 th CPC Central Committee and the19 th National Congress of the Communist Party of China,the continuous introduction of various policies has shown that the Party and State attaches more attention to the construction of natural reserves.With many laws and regulations on natural reserves issued,there are still many shortcomings.Focuses on the practical dilemma of legal guarantee in natural reserves in China,with the methods of comparative analysis,empirical analysis and so on.First of all,give an overview of our country’s nature reserves,including the clarifying the connotation and extension of nature reserves,and the evolution of nature reserves.Then,through the analysis of the legislative status quo of China’s natural reserves system from the national level to local level and in international treaties,it is analyzed that there are several problems in the construction of natural reserves at present:First,the legal system of natural reserves is not complete,and lack high-level laws;the local advanced legislation has its drawbacks,and the laws have many contradictions;Second,the management system of natural reserves is also confused because of the imperfection of the legal system,in which the authority and responsibility of the management department is unclear,the structure of the upper and lower management power is separated,and the status of the subject of administrative law enforcement is not clear;Third,the supporting systems of the legal system is not sound,such as the public participation system,the financial security system.Based on the study and reference of the foreign systems of natural reserves,China’s natural reserves system should choose a legislative framework combining comprehensive legislation with sub-sectoral legislation,the management system should choose the unified departmental responsibility system,and draw on from various countries the advanced experience of the models of public participation and the supporting system.The main achievement is to carry out the legislative conception of China’s Law on Nature Reserves,including the legislative purposes,principles,various basic systems and civil law,administrative and criminal legal liability,with a view to the improving the basic laws of China’s natural reserves system,and providing a more solid legal basis for the construction of China’s natural reserves.