Legal Mechanism For Realizing The Benefits Of The Original Residents In National Parks

Since 2016,China has started the national park system pilots,and build national parks.The problem about the realization of indigenous residents’ interests has become an important issue in the construction of national parks.According to foreign experiences,only by giving full play to the subjective initiative of indigenous residents,can they play a greater role in the national park ecosystem,and build a better National Park,so as to realize the harmonious coexistence between human and nature.At present,in the construction of Qilian Mountain National Park,China has following problems: the loss for the resource interests of the original residents,the loss for the economic interests of the original residents after the ecological relocation,and lack of realization for the cultural interests of the original residents.Through the analysis of the realization of the interests of indigenous residents who are in the construction of foreign national parks,summarizing the foreign experience,and in view of the difficulties in the realization of the interests of indigenous residents who are in the construction of Qilian Mountain National Park,this paper proposes to solve how to build the system for realizing the interests of indigenous residents who are in the construction of national parks.This paper firstly defines the concept of National Park and indigenous residents,distinguishes the difference between National Park and other nature reserves,and makes it clear that indigenous inhabitants are residents who have lived in the national park area before the establishment of the national parkSecondly,since the construction of national parks will cause the imbalance of interests,the task of the law is to solve the conflict of interests and realize the adjustment and protection of interests,and the basis of the law is to classify the interests based on type.According to the different types of indigenous residents’ needs,the interests of indigenous residents can be divided into resource interests,ecological interests,economic interests and cultural interests.Indigenous inhabitants’ resource interests refer to meeting the needs of indigenous inhabitants’ use of resources;Indigenous inhabitants’ ecological interests refer to meeting the intangible interests of indigenous inhabitants’ need for a safe,livable and good and beautiful environment;and the economic interests of indigenous inhabitants means meeting the original Residents need to obtain property interests;the cultural interests of the indigenous residents are to satisfy the cultural inheritance and protection of the indigenous residents.Finally,when the interests of indigenous residents are classified into different categories,a mechanism for realizing the interests of indigenous residents shall be constructed,including: the ecological compensation mechanism for the indigenous residents of national parks,the equity interest mechanism for the indigenous residents,and the expression mechanism for the legitimate rights and interests of the indigenous residents.Through the establishment of the above-mentioned legal system,a sound mechanism for realizing the interests of the indigenous residents of national parks will be improved.