| The system of national park franchising refers to the establishment of a system of nature reserves with national parks as the main body under the background of strengthening the protection of ecological environment and biological diversity,In order to further enhance the demand of the public for leisure experience and at the same time reduce the pressure of government financial input,the government shall select qualified franchisees through the set fair and scientific procedures,and carry out non-resource consumption business activities that meet the requirements under the supervision of the relevant government departments.Franchising first appeared in the 19 th century in the United States,and gradually recognized internationally.Currently,most countries have introduced this system into the management of national parks,and achieved good results.The operation of franchising system can not only provide better service under the restriction of protecting natural resources,but also bear the corresponding operating costs.Through the study of the laws and policies of national park franchising in China,the author finds that the national park system is transitional from the natural reserve management system.The franchise system of national parks in China is in its infancy and immature development.There are some problems in practice: the legal status of national park franchise is low,the regulation of franchise contract is not perfect,the regulation of activities is not in place,and the relevant provisions on the lack of public participation.Only these problems are solved fundamentally,can the legal regulation of national franchise be improved.In this paper,literature research,empirical research,comparative analysis and other methods combined with the Ningxia region,Pudaco,Sanjiangyuan,and other nature reserves and national parks of the implementation of pilot franchising,and concluded that there are some problems in the current legal regulation of national park franchising: lack of legal basis for national park franchising,the scope of franchising contracts,the nature of the legal regulation imperfect,lack of public participation system.Through summing up the existing experience and drawing on the experience of other countries,the author puts forward some suggestions from three aspects:legislation,contract regulation and supervision regulation.Finally,from the point of perfecting the legal regulation of national park franchising,some suggestions are put forward,including establishing and perfecting the legal system of national park franchising,upgrading the legal level of national park franchising,adopting the attitude of mixing public and private interests to the nature of franchising contract,adopting the way of cooperation between administrative law and civil and commercial enterprises to regulate the path,legalizing the scope of franchising projects,supplementing the system of public participation,influencing franchising activities,compliance of franchising activities,and strict supervision of withdrawal of franchising activities.Through the above study and the suggestion of perfecting the legal regulation of national park franchising in China,the franchising system can play a better role in the management of national parks,promote the healthy and efficient operation of national parks in China,and realize the establishment of national parks that protect green waters and green mountains,protect biodiversity,drive the rapid development of national economy,and harmony between man and nature. |