Research On The Legal System Of National Park Franchising

Since 2013,when China put forward the requirement of constructing national parks,under the guidance of normative documents and after several years of exploration,the pilot areas have steadily promoted reform,and the construction and operation work has become more standardized and orderly.Under the guidance of normative documents,China has 11 pilot areas.After entering the era of national parks,how to balance the protection and development of resources in parks is becoming increasingly important.How to realize the scientific utilization of national park resources and improve the efficiency of ecological management under the premise of ensuring the integrity and authenticity of national parks has become a new round of problems.Under this background,each pilot area began to explore the implementation of franchise system.The franchise system can give consideration to the protection and efficient utilization of resources,and realize the efficient and standardized development on the premise of ensuring the public welfare of national parks.However,the current franchise system cannot play an effective role because of the lack of national park law and special laws on franchise,the low level of local legislation,the rough regulation of franchise management and the low operability.Based on the theory of national park environmental law,this paper summarizes the current situation of national park franchise legislation,and then analyzes the three problems that need to be solved to perfect the national park franchise system by combining the current practice of the franchise system in each pilot area:first,the legal nature of franchise agreement;Second,the coordination mechanism of the interests of relevant parties;Third,the national park entry and exit mechanism.Based on the analysis of the problems,the author puts forward corresponding suggestions for improvement,which can provide reference for the efficient and standardized operation of national park franchising.This paper is divided into five parts.The first part is the overview of national park franchise system.First of all,the relevant concepts of national parks are analyzed to clarify the unique status and important role of national parks in various types of protected areas.Secondly,it discriminates and analyzes the related concepts of franchising,and clarifies the attributes and categories of national park franchising.Starting from a clear definition of the concept of national park franchise,this paper lays a theoretical foundation for the analysis of three legal problems to be solved.The second part is the current situation and problems of national park franchise law in China.Firstly,the relevant normative documents of national parks issued by the central and local governments were summarized to clarify the construction process,concept and positioning of national parks.Secondly,summarize the laws and regulations related to franchise and the management measures issued by each pilot area,and make clear the general framework and main content of franchise system.Finally,from the legal level of norms,the three key legal issues of the national park franchise system in China.The third part is the analysis of the legal nature of national park franchise agreement.First,summarize the three theoretical controversies about the nature of the agreement among scholars.Secondly,the viewpoints of scholars are evaluated and analyzed.Finally,it makes a comparative analysis of different viewpoints,and then puts forward its own views on the legal nature of the national park franchise agreement from multiple perspectives.The fourth part is about the interests coordination of relevant parties of national park franchise.From the perspective of four stakeholders:government,management agency,franchise operator and aboriginal people.First of all,according to the role of each subject in business activities,clear their primary interest demands.Secondly,it summarizes the specific manifestations of the conflict of interest between the management agency and the government,the management agency and the operator,the tripartite subject and the aboriginal people.Finally,it puts forward some suggestions to ease the conflict of interests among the subjects.The fifth part is about the access and withdrawal mechanism of national park franchise.First introduces the meaning and value of entry and exit of franchising,clear the importance of access and exit mechanism,and from two aspects of legislation and the current implementation status of access and exit mechanism,sums up the problems of access and exit mechanism of franchising,finally from the access conditions,methods,scope,and withdrawal mechanism four aspects of the corresponding perfecting suggestion.