Abstract:
The Third Plenum of the 20th Central Committee of the Communist Party of China has made arrangements to lead the construction of the natural protected area system, with national parks as the main body, into a new stage of comprehensive acceleration. As the most important type of protected areas in China, the shortcomings of legislative construction in national parks are becoming increasingly prominent. From the overall legislative situation, it is still in a dilemma of lacking high-level specialized laws, unclear connection between higher-level laws, and limitations of local regulations. From the perspective of legislative mode, "local legislation first" occupies a dominant position. Although this mode is convenient for flexible management, it also exposes problems such as localism tendency, inconsistent legislative procedures, and unclear management rights and responsibilities. Compared to this, the United States′ national parks have established a relatively effective management system based on a sound legal system, which will provide important reference for the legislation of national parks in China. This article draws the following conclusions by comparing the current situation of national park legislation construction in China and the United States. Firstly, China′s national park legislation should be based on a comprehensive framework legislative model, adopting a structure of "basic law, special law and technical standards", gradually improving the legislative system and deepening the legislative level. Secondly, through diversified legal forms, power integration among governments at all levels can be achieved to ensure the unified application of laws, and corresponding special legislation can be made for the management needs of natural resources with special characteristics. Thirdly, current legislation should pay special attention to the issue of land tenure, and the legislative content should make clear provisions on land tenure, including measures such as legal establishment procedures, balancing the status of various parties, and strengthening public disclosure.