The improvement of the rule of law of natural protected areas from the perspective of ecological civilization is based on the idea of ecological holism and ecological spatial governance paradigm,and includes the legal system from static dimension and the governance system from dynamic dimension.The legal system of natural protected areas should base on the order of constitutional values and norms of rights and obligations,and adopt the legislation model of"comprehensive law+slip laws".The fundamental principle system of natural protected areas law include ecological priority principle,precautionary principle,beneficiary compensation principle,holistic governance principle and co-governance principle.Zoning control and ecological protection red line are the core legal institutions of natural protected areas,and the types of natural protected areas should be clearly included in the ecological protection red line to realize the organic combination of the two legal institutions.The governance system of natural protected areas should adopt a pluralistic co-governance model led by the government,with sufficient regards to the indigenous residents and the participation of enterprises,establish a cross-departmental and cross-regional cooperation mechanism,pay attention to the protection of indigenous residents'rights,and establish a cooperation mechanism between administrative law enforcement and justice in natural protected areas on the basis of clarifying the priority of administrative law enforcement,so as to realize the effective implementation of the rule of law of natural protected areas.
关键词
生态文明/自然保护地法治/生态整体主义/生态空间治理/多元共治
Key words
ecological civilization/rule of law of natural protected areas/ecological holism/ecological spatial governance/pluralistic co-governance
维普
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