Abstract:
In the drafting process of the National Parks Act, there has been a lot of dispute over which department or agency should perform the comprehensive enforcement authority of ecological and environmental protection within the scope of national parks in land. The focus of the dispute is: Should the national park management agency perform the comprehensive enforcement authority for ecological and environmental protection within the scope of national parks, or should the local ecological and environmental departments perform the comprehensive law enforcement authority for ecological and environmental protection within the scope of national parks? Based on the current relevant policies, the practice of the comprehensive enforcement system of the five national parks and the relevant academic views, this paper puts forward two proposals. A more realistic proposal is to stipulate in the National Park Law that national park management agencies can be authorized by The State Council, the provincial people′s Congress and its standing committee, or the provincial people′s government to perform comprehensive enforcement authorities for ecological and environmental protection within the scope of national parks. The ideal proposal is to directly stipulate in the National Park Law that the National Park management agency should perform the comprehensive enforcement authorities of resources and environmental protection within the national parks.