Research On The Legal Regime Of National Parks Concession In China

The ecological environment is related to the living environment and quality of life of human beings,and also affects the economic development of society,which is an issue that needs to be paid attention to at this stage.In order to balance the development and utilization of natural resources and the protection of the ecological environment,the world’s first national park-Yellowstone Park was born and achieved excellent results.Since then,countries around the world have begun to create their own national parks,and national parks have become one of the most representative types of protected area systems.The concession system of national parks is an important way to develop and utilize natural resources in national parks,and is the "half of the sky" for the construction of national parks.China’s concession system first appeared in the construction plan of national parks in 2017 in the overall plan for the establishment of a national park system,which also means that China began to explore the national park concession system.Since the pilot work of national parks in our country,national parks in various places have accumulated certain practical experience and achieved some results,among which the performance of the concession system is particularly prominent,but many problems have also been exposed in practice: from the legislative level,the National Park Law,as a superior law,has not yet been promulgated,and the concession lacks general legislative guidance;There is a lack of franchise-specific legislation at the central level,and local franchise-specific legislation has no reference to higher-level laws;The existing legal system for national park concessions lacks systematization,and legislative duplication and inconsistencies are frequent.From a practical point of view,it is difficult for private enterprises and individuals to enter the market,and the business entity is relatively single;The radiation of franchise activities to the surrounding residents of the surrounding communities is poor,and the dividends of franchise activities are difficult to implement;Unclear responsibilities and conflicts of interest among national park management agencies;The entry and launch thresholds of franchises are not uniform and transparent;The regulatory system is not perfect,and it is difficult to form effective supervision;Poor channels for public participation.In view of the problems in legislation and practice,China urgently needs to build and improve the national park concession system suitable for China’s national conditions.This thesis takes the prominent problems in the practice of national park concession in China as the starting point,combines the experience of concession construction of national parks outside the region,and uses empirical analysis and comparative analysis to put forward suggestions for improving the above problems: clarify the guiding principles for the construction of China’s national park concession system,issue national legal documents as soon as possible and improve the relevant legal system,clarify the rights and responsibilities of the central government,improve the entry and exit mechanism,strengthen the construction and improvement of the regulatory system,and ensure public participation.It is hoped that this thesis can provide some ideas for improving the concession system of national parks in China,stimulate the due role of the concession system in the construction of national parks,and balance the ecological protection function and social function of national parks.