Strengthening the collaborative protection of natural heritage and natural protection
September 22, 2021 08:39 Source: "China Social Sciences", September 22, 2021, Issue 2255 Author: Wu Kaijie

At the end of July this year,The 44th World Heritage Conference ended,How to strengthen the synergy protection of natural heritage and natural protection land is an important issue for the conference。In recent years,my country vigorously promote the reform of the natural protection land system,It aims to establish a natural protection place system with national parks as the main body,Establishment of "Establishment of the Overall Plan for the Establishment of the National Park System" and "Guiding Opinions on the Establishment of the National Park as the main body of the National Park" and other important policy documents,and are formulating natural protection for natural protection for natural protection for the National Park Law。Nature Protection Land Legislative is an important opportunity to promote the coordinated protection of natural heritage and natural protection.,Need to identify the legal concepts and positioning of the two,Then think about how to improve the legal coordination of the two。

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Clear conceptual connotation is a prerequisite for formulating legal rules。There is a problem with the concept of natural protection and natural heritage,This leaders to the collaboration of legal rules。From the perspective of existing laws and regulations and policies,Nature Protection Land and Natural Heritage is a pair of concepts that are both connected and different。The connection between the two is that both are regions with important protection value,Laws need special protection。The difference is that the natural protection area is a special ecological protection area defined in accordance with the law,It has legal nature,Natural heritage is the protection object of the natural protection land,It has objectivity。

On the one hand,Natural Heritage is not a legal type of natural protection land,but the protection objects of all kinds of bet365 live casino games natural protection areas。In 2019, the Central Office of the National Office "Guiding Opinions on the Establishment of the National Park as the main body system" made an authoritative definition of the concept of natural protection for nature protection,That is "the governments at all levels determine or confirm in accordance with the law,For the important natural ecosystem、Natural relics、Natural landscape and the natural resources it carried、Ecological function and cultural value Implement long -term protection of land or sea "。The main body of the natural protection place system,National Park is "the most important in our country's natural ecosystem、Natural landscape is the most unique、Natural Heritage Most Extreme、Part with the richest biological diversity "。This can be seen,Natural inheritance (relics) and natural ecosystem、Natural landscape、Similar concepts such as biological diversity,​​All belong to the protection object of nature protection land。In practice,Sanjiang and flow、Sichuan giant panda habitat、Wuyi Mountain、Shennongjia and other natural heritage,All have established the Nature Reserve、Scenic Scenic Area and other protective spaces,The scope of the pilot of the national park system。

On the other hand,The legal concept of the natural heritage is focusing on the protection value rather than the protection method。According to the Convention on Protection of World Culture and Natural Heritage (hereinafter referred to as the "Convention"),Natural heritage is a prominentness left by the development and change of nature、General science、Aesthetics、Old traces of cultural equivalent value,It mainly includes natural landscape、Geological Geography、Animal and Plant Habitats、Natural Famous Point or Natural Area。where,"Outstanding、Universal "" Science、Aesthetics、Cultural Value "and other expressions,Both define natural heritage from the perspective of protecting value,The protection method of defining natural heritage。At present, there are bet365 live casino games many ways to protect the natural heritage in my country,With different protection intensity and protection measures。Ru Sanjiang and the range of natural heritage of the world,Including Lijiang City, Yunnan Province、Diqing Tibetan Autonomous Prefecture、Nature Reserve of Nujiang Langbu Autonomous Prefecture、Scenic Scenic Area、Forest Park、National Geological Park and other types of bet365 live casino games natural protection areas。But due to the lack of legal coordination,There is a range between the existence between various protective spaces,By the potential conflict of protection intensity and measures。

  Legal positioning comparison

According to the above concepts, you can know,Establishment of natural protection is an important way for the protection of natural heritage,But the two are not the same,Natural Heritage Protection also requires other legal rules。You can adjust the target、Adjust the object、Adjustment method and other aspects,The positioning difference between the more natural protection of the land and the natural heritage method。

First,In terms of adjustment target,Nature Protection Land Law is protecting the ecological value,The Law of Natural Heritage attaches importance to ecology、Science、Aesthetics、Common protection of the value of humanities。The "Natural Heritage" judgment standard of the Convention has emphasized the "science、Aesthetics、Cultural Value "protection,The World Heritage Committee further emphasized in the interpretation of the Convention,To protect the "common crystallization of nature and humans" and "the diversity of interaction between humans and the natural environment",Therefore, the human landscape created by humans and nature also incorporates the scope of the protection of natural heritage。Ecology of Natural Heritage、Science、Cultural value is synergistic evolution,There is a close relationship with each other,If you only focus on the individual protection of ecological value,It is likely to sacrifice other values。such as,To Bet365 lotto review avoid destroying natural heritage,Need to move out of the area where the natural heritage is located,But when the Aboriginal people integrate into the new environment,Their language、Culture、Habits and lifestyles will change。For this,The World Heritage Committee emphasizes the common protection of diversified value of natural heritage,Many countries have also changed the protection method of natural and cultural division,Instead of adopting a integrated legislative mode to comprehensively protect the natural and cultural heritage。

Next,In terms of adjustment objects,​​Nature Protection Law Pay attention to the overall protection of the ecosystem,Natural Heritage still needs to focus on the protection of specific natural humanistic characteristics。The Convention requires the natural heritage project included in the World Heritage List.。Different from natural and humanistic characteristics,The Natural Heritage Project of the World Heritage List can be divided into plant protection areas、Animal Reserve、Geological Biological Evolution Area、Island Bay、Alpine Canyon、Mountain Scenery、Karst Landform、Jianghehu District and other different types。Consistent with the "Convention" requirements,Most of our natural heritage is forest、Wild animals and plants、Water、Land and other natural ecological elements and its natural humanities characteristics are the main protection objects。These natural heritages are not only classified into the range of natural protection,It has also been included in the scope of protection of a single natural resource method such as the "Forest Law", "Water Law", "Island Protection Law" and "Land Management Law"。

Last,In terms of adjustment method,Nature protection places need to be managed uniformly through special management agencies,Natural Heritage needs to pay attention to the construction of a coordination mechanism of multiple regulatory authorities。As mentioned earlier,The effectiveness of the protection of natural Bet365 app download heritage is inseparable from the supervision secrets implemented by various departments in accordance with the single natural resource laws,At present, my country has formed a basic and complete natural resources legal system and regulatory system。Although the current unified natural protection place supervision system is being formed,But the separated natural resource supervision system will still exist for a long time。For the animal and plant protection area、Island Bay、Alpine Canyon、Rivers and Lake District, etc., which are dominated by some natural ecological elements,Not only the competent department of nature protection needs to implement unified management of the natural heritage in the natural heritage of nature protection,Also requires forestry grassland、Agriculture and Rural、Fisheries、Ocean、Water conservancy and other departments assume the duties of natural heritage supervision。So,Natural Heritage Protection Law needs to focus on building a coordination mechanism of various natural resource supervision departments。

  Legislative Coordination Plan

Natural protection land legislation such as "National Park Law" and "Nature Protection Law" under the formulation,General rules for the protection of natural heritage should be provided,Management system、Welfare management、Community co -management、Franchise operation and other aspects to achieve breakthroughs and innovation of legal systems。In terms of management system,Currently setting up a Nature Reserve on the same natural heritage、Scenic Scenic Area、Forest Park and other types of protection areas existing existence,As a result,Unexpectedly need to use legislation to rationalize the management system。In terms of ownership management,Reasonable allocation of property rights is the prerequisite for effective protection of natural heritage,At present, the ownership of the natural resources asset rights in various protection areas is not clear,And there are problems where non -state -owned property rights account Bet365 app download for excessive proportion,Not conducive to effective protection measures,It is necessary to establish a legal way to confirm the confirmation and circulation of property rights through the establishment of a ownership management system。In terms of community co -management,The contradiction between the protection of natural heritage and the development of the surrounding community for a long time,The cost of community residents for the protection of natural heritage failed to get reasonable compensation,Including traditional production and lifestyle restrictions、Wildlife caused personal property loss, etc.。If the losses of community residents cannot be compensated,It will directly affect their enthusiasm for protecting their natural heritage,But community residents play a vital role in the protection of heritage,Therefore、Franchise、interest distribution and other systems。

On the basis of improving the legislation of natural protection land,It is necessary for the legislature to formulate a special natural heritage protection law,Adjust the target to adapt to the protection of natural heritage、Object、Method and other special aspects。Natural Heritage Protection Law needs to be with the Nature Protection Law、Full connection of the Natural Resources Law,Pocils to provide legal rules that reflect the particularity of natural heritage protection,Including collaborative protection of diversified value、Key protection of highlighting natural and humanistic characteristics。The special legislation of the protection of natural heritage is the legislative mode commonly used in various countries,For example, the French "Heritage Code" emphasizes the major of natural heritage、Scientific protection,With registration protection and classification protection as the core,Taxes、Subsidies and other various incentive policies。On the basis of fully drawing on foreign legislation,Natural Heritage Protection Law may stipulate the standards of various ecological elements or Bet365 lotto review areas if it meets the standards of natural heritage,Special rules for the protection of natural heritage can be applied,It aims to protect the ecological environment with prominent natural and humanistic characteristics,and take into account scientific research、Aesthetics、Culture and other values,To build a coordinated and unified natural heritage protection legal system。

 (Author Unit: School of Law of Peking University)

Editor in charge: Chen Jing
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