At the Fifteenth Convention of the Convention on the Convention on Biological Diversity in 2021,President Xi Jinping pointed out: "In order to strengthen the protection of biodiversity,China is accelerating the construction of a natural protection place system with national parks as the main body,Gradually the most important thing for the natural ecosystem、Natural landscape is the most unique、Natural Heritage Most Extreme、The area with the richest biological diversity is incorporated into the national park system。"January 2022,In the speech of the World Economic Forum,President Xi Jinping emphasized: "China is building the world's largest national park system。"Construction of a national park with Chinese characteristics,It is a major decision made by the Party Central Committee to stand in the national ecological security strategy,It is my country's firm promotion to the construction of ecological civilization、Build a beautiful China、An important measure to promote the harmonious coexistence of man and nature,For economic benefits、Social benefits、The unity of ecological benefits is of great strategic significance。
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The construction of the national park system cannot be separated from the support of the corresponding system specifications,With a series of policies of the party and the country、Introduction of regulations,my country National Park Construction has gradually entered a new stage of development governance in accordance with the law。January 2015,"Establishing Pilot Plan for the National Park System" issued,It marks the official start of the national park pilot。September 2017,"Establishment of the General Plan for the National Park System" was introduced,National Park Construction has a clearer guidance since then。June 2019,"Guiding Opinions on the Establishment of the Guiding Opinions Bet365 lotto review of the National Park as the main body",Established the main position of the national park in the natural protection land,It also clarified the establishment of public welfare governance of national parks、Community governance、Common governance and other protection methods。June 2022,The National Forestry and Grassland Bureau released the "Interim Measures for the Management of National Park",Clarify the principles of multiple participation of national parks。August 2022,"National Park Law (Draft)" (Draft for Soliciting Opinions) Published,Further improved the legal system of the national park,Ensure that the construction of the national park system with Chinese characteristics is based on the law,National Park Protection Management has the method to rely on。
Compared to Western countries,Although the construction of national parks in my country starts late,but has a strong post -hair advantage,Through leapfrog development, a diversified collaborative governance mode with Chinese characteristics。Overall,In terms of governance specifications,Forms a legal specification、Political Party Standards、National policy、Diversified specifications composed of social norms; on the subject of governance,Realized the central and local governments under the party's leadership、National Park Management Institution (National Park Administration)、Social Organization、Franchise Business Enterprise、The common participation of multiple subjects such as the public; in terms of institutional measures,Established a bet365 live casino games comprehensive law enforcement system with the National Park Management Bureau as the main body、The ecological environmental protection supervision system with party committees and governments at all levels、National Park Environmental Civil Public interest litigation system developed with social organizations、National Park Land Management System featuring the reform of the collective land system,enriched the new state of national park governance。
The main content of the multi -synergy governance mode of the National Park
The core connotation of the National Park Diversity Coordinated Governance Mode,It is the limitations of traditional institutional mechanisms,Take the logic of scientific governance between the diverse subjects、Methods to adapt to practical needs,Through institutional innovation formation and continuously improve the national park governance mechanism with Chinese characteristics。Its main content includes the following four aspects。
First, the ecological environmental protection supervision system with the party committee and governments at all levels as the supervision object,Grasp the "critical minority" of party and government leading cadres,Forming strong constraints on party committees and governments at all levels。February 2021,The Seventh Ecological Environmental Protection Inspection Team of the Central Committee carried out ecological environmental protection inspectors for the State Forestry and Grassland Bureau。Discovery found,The governance capacity is not compatible with the requirements of ecological protection,Highlighting the reform of the national park system and the central requirements still gap,The coordination mechanism of cross -provincial and district coordination has not effectively played。Questions pointed out by the inspection,The competent department of the National Park formulates a rectification plan in a timely manner,Public rectification of the society,Effectively promoted the synergy governance of national parks。
Second, the bet365 live casino games comprehensive law enforcement system with the National Park Management Bureau as the main body,Solving high management costs of natural protection in my country、Low governance efficiency,Cross overlap between various types of protective areas、Multi -management Questions。Current,It is generally established in various places with the National Park Administration as the main body、Comprehensive law enforcement system for resource and environmental law enforcement by the area and county comprehensive law enforcement bureau where the national park is located,Based on this, the relationship between the comprehensive law enforcement agency and the relevant functional departments,Orderly integrates comprehensive law enforcement forces in the national park,Initially formed a comprehensive law enforcement mechanism of the National Park's cross -department。
Third, the environmental civil public interest litigation system carried out by social organizations,Solve the problem of the lack of social forces participating in the natural protection land。During the in -depth advancement process of national park reform,Public interest on behalf of social organizations,Destruction of ecology in the national park area、Actions that damage the environment to the public interest litigation system,It has become a multi -governance structure that optimizes national parks、Implementation of an important starting point for effective governance supervision。
Fourth is to reform with collective land、New ecological compensation is a national park land management system formed by the core,Solve the high proportion of collective land in national parks、Unscooked ownership and other issues,Specific replacement、Lease、Sign compensation agreement、Land service reform and other ways。For example,Qianjiangyuan National Park through local service reform,Not changing the forest、Forest、Forest land land ownership,Uniformly authorize the use of use and management rights to the national park management agency,Realize the unified management of collective land,Significant results。
National Park multiple collaborative governanceModeling measures
Although it has achieved greater results,But the existing institutional system still needs to be improved urgently。In order to further implement the national park system reform tasks proposed by the Party Central Committee,Form more complete Chinese characteristic national park multiple collaborative governance mode,The following measures can be taken。
First, improve the national park ecological environmental protection supervision system。Need to start with two aspects: first,Strengthen the connection between the party regulations and national laws,Need to coordinate the "Regulations bet365 live casino games on the Work of Ecological Environmental Protection Inspection", "Measures for the Responsibility for Ecological Environmental Damage of Party and Government Leading Cadres (Trial)" and other national legal responsibilities in the "Civil Service Law" and "Environmental Protection Law" The status quo of inconsistent responsibility standards。Second,To improve the form of inspector accountability。Current ecological environmental protection supervision and accountability is mainly based on the accountability of the same body,The accountability of the judicial organs is relatively small,Low participation of the main body of the exotic accountability。So,To optimize the same body accountability、Strengthening the foreign body accountability,Clarify the Party Committee、Responsibility relationship between superiors and departments,Establishing an ecological environmental protection responsibility system with consistent power and responsibility。
Second is to improve the bet365 live casino games comprehensive law enforcement system of the national park resources and environment。Including two requirements: First,It is necessary to further strengthen the National Park Administration as the lead、The joint law enforcement mechanism cooperated by the local government law enforcement department; realized the guidance of the National Park Administration、Coordinate the working mechanism of cross -regional comprehensive law enforcement in national parks。Second,Based on the overall positioning of national parks in the construction of ecological civilization,It should be re -examined from the "strictest protection" goal、The relationship between the administrative power (comprehensive administrative law enforcement) and judicial power,The mechanism of effectively transferred to criminal judicial procedures for the administrative law enforcement procedures,At the same time, strengthen the collaboration mechanism、Implement information sharing,Forms a joint force against the ecological environment illegal criminal behavior within the national park。
Third, the institutional arrangement of improving bet365 best casino games social organizations to mention environmental civil public interest litigation。Current,Most social organizations fail to prosecute because of the support of professional talents who lack litigation skills,or because of too high the cost of litigation, unwilling to sue,Especially the ecological environment destruction cases in the national park、Appraisal is more difficult,Ecological environment elements are more complicated,The cost of litigation is more expensive。For this,On the one hand, it is necessary to strengthen the training of legal litigation legal skills,Cultivate professional talents of social organizations,Solving the problem of lack of prosecution; on the other hand, we must innovate the incentive mechanism of public interest litigation,Establish a public interest litigation fund,Energy of improving the prosecution of social organizations,Solve its high cost、Identification of difficulty and lack of prosecution will。
Fourth is to improve the use of collective land use and ecological compensation system for national parks。Need to implement the Office of the China Office carefully、The "Opinions on Establishing and Implementation Mechanism" released by the State Office in April 2021 (hereinafter referred to as "Opinions"),Improve the development mechanism of ecological product operation,Coordinating the use of collective land in the national park、Ecological compensation、Poverty Alleviation and other issues。According to the above "Opinions",Encourage the residents of the national park community and franchise enterprises to produce with a variety of production、Management method promotes the realization of ecological product value; further regulates compensation standard for collective land ecological protection for national parks,Expand the diversified compensation method,Perfect classification and calculation method,Improve ecological compensation funds and institutional guarantee mechanisms,Value realization of ecological products,Entering an ecological development、New road for green development。
(This article is a major project of the National Social Science Foundation "Optimization of the Optimization System for Evaluation and Evaluation System of Ecological Civilization Construction in the New Era" (22&ZD138) Pharmaceutical results)
(The author is a professor at the Institute of Environmental Law of Wuhan University; PhD in the School of Law School of Central South University)
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