国家公园园地事权划分改革:现状、问题与优化路径

Reform of the administrative powers division between national park management institutions and local governments: current status, issues, and optimization pathways

  • 摘要: 国家公园设立以后, 园地事权划分就成为国家公园处理好保护与发展关系和实现高水平保护到高质量发展的关键。当前的园地事权划分呈现二者大体各司其职的二元格局, 但不够细化且缺乏事务交叉领域园地共同事权的规定, 在权责利匹配上也有不少问题, 具体包括:在防灾减灾、特许经营与市场监管、社区与产业绿色发展等存在交叉领域的事权划分不细;国土空间用途管制、历史遗留问题处理、国家公园“天窗”管理等事权没有划分;园地协调机制不畅, 很难形成多方合力;在多种事项上地方政府有责无权或无利。建议设定并细化园地共同事权, 根据影响程度, 按事权构成要素、实施环节, 分解细化园地各自承担的职责;梳理国家公园管理涉及的相关事务, 对现有的事权划分进展进行查缺补漏, 完善关键事项的权责划分和利益匹配, 破解保护与发展冲突矛盾;建立健全园地协调配合机制, 助推园地融合发展。

     

    Abstract: After the establishment of national parks, the division of the administrative powers between National Park Management Institutions (NPMI) and Local Government (LG) has become key to balance conservation and development and achieving high-level protection and high-quality development. The current division of the administrative powers presents a dual structure where both parties generally have their own responsibilities, but it is not detailed enough and lacks provisions for joint administrative powers in areas of overlapping affairs. There are also many problems with the matching of rights, responsibilities, and interests. Specifically, these include: the division of authority in cross-cutting areas such as disaster prevention and mitigation, franchise operation and market supervision, community and industrial green development is not detailed; there is no division of powers in areas such as territorial space use regulation, handling of historical legacy issues, and "tian chuang" management of national parks; the coordination mechanism between NPMI and LG is not smooth, making it difficult to form a joint force; and local governments bear responsibilities without authority or benefits in many matters. It is recommended to set and refine joint authorities between NPMI and LG, decompose and refine the responsibilities undertaken by each party according to the degree of impact, based on the elements of authority composition and implementation phases; sort out the relevant affairs involved in the management of national parks, check for deficiencies and make up for them in the current division of administrative powers, improve the division of rights and responsibilities and the matching of interests in key issues, and resolve conflicts between conservation and development; establish and improve coordination and cooperation mechanisms to promote integrated development between NPMI and LG.

     

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