Research On The Protection Of The Rights Of Indigenous Residents In National Parks In China

The Third Plenary Session of the 18 th Central Committee of the Communist Party of China proposed to establish a national park system to strengthen the protection of natural ecology,give different degrees of protection to ecosystems of different importance,and carry out long-term protection of rare wild animals and plants,so as to contribute to the inheritance of natural heritage for future generations.In the process of building national parks in China,research on the rights of indigenous people in national parks has become the focus.However,in practice,the legitimate rights of indigenous peoples have not been paid sufficient attention,and there are a series of conflicts between the "public welfare" of national parks and the "private interests" of indigenous rights,that is,the right to subsistence and development,land use and the right to participate in management are restricted.Clarifying and protecting the relevant rights of indigenous peoples in national parks can prevent the legal rights of indigenous peoples within national parks from being violated by the construction of national parks.On another level,it can achieve harmonious coexistence between man and nature,integrate natural resources,and protect species diversity.This paper aims to understand the current status of rights and analyze the reasons for restrictions by in-depth study of the rights of indigenous peoples in national parks,based on the contradiction between public welfare and private interests in the construction of national parks and the protection of indigenous rights by protecting the rights of indigenous people,and attempts to provide solutions to the problems that arise in expected practice.This article consists of five parts.The first part is to explain the legal basis for studying the protection of the rights of indigenous residents of national parks,on the basis of defining the concept of national parks,explain the priority of national park value goals,and then characterize the rights of indigenous peoples in law and list the existing rights of indigenous people,so as to prepare for the discussion later.The second part introduces the current situation of the protection of the rights of indigenous residents in national parks,first introduces the protection provisions of relevant policy documents on the rights of indigenous people from the macro policy aspect,and finally points out that although the existing relevant documents guarantee them and the relevant departments have also taken practical actions,the rights to survival and development,land use rights and the right to participate in management are still restricted due to the priority of national park value goals and the principle of rights protection,which are difficult to implement.The third part lists the protection of indigenous peoples’ rights granted by some countries outside the region in different aspects of the proposition of national park construction,and summarizes the relevant experience of non-territorial countries in protecting the rights of indigenous peoples in the construction of national parks.The fourth part specifically explains how to protect the rights of indigenous peoples in the construction of national parks.Taking the ownership of land within the scope of national parks as the starting point,after clarifying that land within the scope of national parks belongs to collective ownership,constructively put forward the right to benefit from the increase and decrease of construction land and the right to benefit from entrusted management,as well as improve the concession and ecological protection compensation system,and increase public informed participation,so as to implement the protection of the rights of indigenous residents and realize the beautiful vision of national park construction.The fifth part is the concluding remarks,summarizing the above and clarifying the importance of protecting the rights of indigenous peoples.