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Part 1: Model Regulations on the Management of Nature Reserves
Article 1 In order to strengthen Natural Reserve These Regulations are formulated for the construction and management of and the protection of the natural environment and natural resources.
Article 2 The term "nature reserves" as mentioned in these Regulations refers to the areas set aside according to law for special protection and management of representative natural ecosystems, natural concentrated distribution areas of rare and endangered wild plant species, natural relics of special significance and other protected objects on land, land water bodies or sea areas.
Article 3 All construction and management of nature reserves within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China must comply with these Regulations.
Article 4 The State adopts economic and technological policies and measures conducive to the development of nature reserves, and incorporates the development plans of nature reserves into the national economic and social development plans.
Article 5 The construction and management of nature reserves shall properly handle the relationship with the local economic construction and the production and life of the residents.
Article 6 The administrative agencies of nature reserves or their competent administrative departments may accept donations from organizations and individuals at home and abroad for the construction and management of nature reserves.
Article 7 The people's governments at or above the county level shall strengthen their leadership over the work of nature reserves.
All units and individuals have the obligation to protect the natural environment and natural resources in the nature reserves, and have the right to report and accuse units and individuals that damage or occupy the nature reserves.
Article 8 The State implements a management system for nature reserves that combines comprehensive management with divisional management.
The competent administrative department of environmental protection under the State Council shall be responsible for the comprehensive management of nature reserves throughout the country.
The relevant administrative departments in charge of forestry, agriculture, geology and mineral resources, water conservancy and marine under the State Council shall be in charge of the relevant nature reserves within the scope of their respective duties.
The establishment and functions of the departments responsible for the administration of nature reserves under the local people's governments at or above the county level shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the specific local conditions.
Article 9 The people's government shall award units and individuals that have made outstanding achievements in the construction and management of nature reserves and in relevant scientific research.
Chapter II Construction of Nature Reserves
Article 10 A nature reserve shall be established for those who have one of the following regulations:
（1） Typical natural geographical areas, representative natural ecosystem areas and similar natural ecosystem areas that have been damaged but can be recovered after protection;
（2） Natural concentrated distribution areas of rare and endangered wild animal and plant species;
（3） Sea areas, coasts, islands, wetlands, inland waters, forests, grasslands and deserts with special protection value;
（4） Geological structures, famous karst caves, fossil distribution areas, glaciers, volcanoes, hot springs and other natural relics of great scientific and cultural value;
（5） Other natural areas that need special protection with the approval of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 11 Nature reserves are divided into national nature reserves and local nature reserves.
Natural reserves with typical significance at home and abroad, significant international influence in science or special scientific research value are classified as national nature reserves.
In addition to national nature reserves, other nature reserves with typical significance or important scientific research value are listed as local nature reserves. Local level nature reserves may be administered at different levels, and specific measures shall be formulated by the relevant administrative department of nature reserves under the State Council or the people's government of a province, autonomous region or municipality directly under the Central Government in accordance with the actual situation, and submitted to the administrative department of environmental protection under the State Council for the record.
Article 12 An application for the establishment of a national nature reserve shall be submitted by the people's government of the province, autonomous region or municipality directly under the Central Government where the nature reserve is located or by the relevant administrative department for natural protection under the State Council. After the application is reviewed by the review committee of the national nature reserve, the administrative department for environmental protection under the State Council shall coordinate and put forward proposals for examination and approval, which shall be submitted to the State Council for approval.
The establishment of a local level nature reserve shall be applied for by the people's government of the county, autonomous county, city or autonomous prefecture where the nature reserve is located or by the competent administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government concerned with the nature reserve, which shall, after being reviewed by the local level nature reserve review committee, be submitted to the provincial, autonomous region The competent administrative department of environmental protection of the people's government of the municipality directly under the Central Government shall coordinate and put forward proposals for examination and approval, submit them to the people's government of the province, autonomous region, or municipality directly under the Central Government for approval, and report them to the competent administrative department of environmental protection under the State Council and the competent administrative department of natural reserves under the State Council for the record.
The establishment of a nature reserve spanning two or more administrative regions shall be applied for by the people's government of the relevant administrative region after reaching consensus through consultation, and shall be examined and approved in accordance with the procedures prescribed in the preceding two paragraphs.
The establishment of marine nature reserves must be approved by the State Council.
Article 13 To apply for the establishment of a nature reserve, a declaration form for the establishment of a nature reserve shall be completed in accordance with the relevant provisions of the State.
Article 14 The scope and boundaries of nature reserves shall be determined by the people's government that approved the establishment of nature reserves, and the boundaries shall be marked and announced.
In determining the scope and boundary of a nature reserve, consideration shall be given to the integrity and appropriateness of the protected objects, as well as the needs of local economic construction and the production and living of residents.
Article 15 The cancellation of a nature reserve and the adjustment or change of its nature, scope and boundaries shall be subject to the approval of the people's government that originally approved the establishment of the nature reserve.
No unit or individual may move the boundary markers of nature reserves without authorization.
Article 16 Nature reserves shall be named according to the following methods:
National nature reserve: the place name of the nature reserve plus "national nature reserve".
Local level nature reserves: the place name where the nature reserves are located plus "local level nature reserves".
For nature reserves with special protected objects, the names of special protected objects may be added after the names of the places where the nature reserves are located.
Article 17 The competent administrative department of environmental protection under the State Council shall, together with the relevant competent administrative departments of nature reserves under the State Council, on the basis of investigation and assessment of the state of the natural environment and natural resources throughout the country, draw up plans for the development of national nature reserves, which shall be submitted to the State Council for approval after being comprehensively balanced by the planning department under the State Council.
The administrative organ of a natural reserve or the competent administrative department of the natural reserve shall organize the preparation of the construction plan of the natural reserve, incorporate it into the national, local or departmental investment plan in accordance with the prescribed procedures, and organize its implementation.
Article 18 Natural reserves may be artificial core areas, buffer areas and experimental areas.
The well preserved natural ecosystems and the concentrated distribution areas of rare and endangered animals and plants in the nature reserves shall be designated as core areas, and no units or individuals are allowed to enter; In addition to being approved in accordance with the provisions of Article 27 of these Regulations, they are not allowed to engage in scientific research activities.
The core area can be defined as a buffer zone of a certain area, which is only allowed to enter for scientific research and observation activities.
The buffer zone is an experimental zone, which can be used to engage in scientific experiments, teaching practice, visits, tourism, domestication, reproduction of rare and endangered wildlife and other activities.
When the people's government that originally approved the establishment of a nature reserve deems it necessary, it may delimit a certain area of protection zone in the nature reserve.
Chapter III Administration of Natural Reserves
Article 19 The competent administrative department of environmental protection under the State Council shall organize the relevant competent administrative departments of nature reserves under the State Council to formulate the technical norms and standards for the administration of nature reserves throughout the country.
The relevant administrative departments of nature reserves under the State Council may, in accordance with the division of duties, formulate technical specifications for the management of relevant types of nature reserves and report them to the administrative department of environmental protection under the State Council for the record.
Article 20 The competent administrative departments of environmental protection of the people's governments at or above the county level shall have the power to supervise and inspect the management of various types of natural reserves within their respective administrative areas; The relevant administrative departments of nature reserves under the people's governments at or above the county level shall have the power to supervise and inspect the management of nature reserves under their jurisdiction. The inspected units shall truthfully report the situation and provide necessary information. The inspectors shall keep confidential the technological and business secrets of the inspected units.
Article 21 National nature reserves shall be under the administration of the relevant administrative departments of nature reserves under the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government where they are located or the relevant administrative departments of nature reserves under the State Council. Local level nature reserves shall be under the administration of the relevant administrative departments of the local people's governments at or above the county level in the places where they are located.
The competent administrative departments of the nature reserves concerned shall set up special administrative organs in the nature reserves, staffed with professional and technical personnel, to be responsible for the specific management of the nature reserves.
Article 22 The main responsibilities of the administrative organ of a natural reserve are:
（1） Implement national laws, regulations, guidelines and policies on nature reserves;
（2） Formulate various management systems for nature reserves and uniformly manage nature reserves;
（3） Investigate natural resources and establish archives, organize environmental monitoring, and protect natural conservation and natural resources in nature reserves;
（4） To organize or assist relevant departments in conducting scientific research in nature reserves;
（5） Propaganda and education on nature protection;
（6） On the premise of not affecting the natural environment and natural resources of the nature reserve, organize and carry out visits, tourism and other activities.
Article 23 The funds needed for the management of nature reserves shall be arranged by the local people's government at or above the county level in the place where the nature reserves are located. The State shall give appropriate financial subsidies to the management of national nature reserves.
Article 24 The public security organ in the place where the nature reserve is located may, when necessary, set up local public security agencies in the nature reserve to maintain public order in the nature reserve.
Article 25 Units, residents and persons approved to enter nature reserves in nature reserves must abide by the various management systems of nature reserves and accept the management of the administrative agencies of nature reserves.
Article 26 Activities such as felling, grazing, hunting, fishing, collecting herbs, reclaiming land, burning wasteland, mining, quarrying and sand digging are prohibited in nature reserves; Except as otherwise provided by laws and administrative regulations.
Article 27 No one is allowed to enter the core area of a nature reserve. If, due to the need of scientific research, it is necessary to enter the core area to engage in scientific research, observation and investigation activities, an application and activity plan shall be submitted in advance to the administrative organ of the nature reserve and approved by the relevant administrative department of the nature reserve under the people's government at or above the provincial level; Among them, access to the core areas of national nature reserves must be approved by the relevant administrative departments of nature reserves under the State Council.
If it is really necessary for the original residents in the core area of the nature reserve to move out, they shall be properly resettled by the local people's government where the nature reserve is located.
Article 28 Tourism, production and business activities are prohibited in the buffer zones of nature reserves. For the purpose of teaching and scientific research, if it is necessary to enter the buffer zone of the nature reserve to engage in non-destructive scientific research, teaching practice and specimen collection activities, an application and activity plan shall be submitted to the nature reserve management agency for approval in advance.
Units and individuals engaged in the activities mentioned in the preceding paragraph shall submit copies of their results of activities to the administrative agencies of natural reserves.
Article 29 For those who want to visit and travel in the experimental areas of national nature reserves, the administrative agencies of nature reserves shall put forward plans, which shall be examined by the relevant administrative departments of nature reserves under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and then submitted to the relevant administrative departments of nature reserves under the State Council for approval; If visiting and tourism activities are carried out in experiments in local nature reserves, the administrative organ of nature reserves shall put forward a plan, which shall be approved by the relevant administrative departments of nature reserves under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Those who organize visits and tourism activities in nature reserves must follow the approved plan and strengthen management; Units and individuals who visit or travel in nature reserves shall be subject to the management of the administrative agencies of nature reserves.
It is strictly prohibited to set up visiting and tourism projects that are inconsistent with the protection direction of nature reserves.
Article 30 If the interior of a nature reserve is not zoned, it shall be managed in accordance with the provisions of these Regulations on core areas and buffer zones.
Article 31 Where foreigners enter a nature reserve at the local level, the receiving unit shall report in advance to the relevant administrative department of the nature reserve under the people's government of the province, autonomous region or municipality directly under the Central Government for approval; For entry into a national nature reserve, the reception unit shall report to the relevant administrative department for nature reserves under the State Council for approval.
Foreigners entering nature reserves shall abide by the laws, regulations and provisions concerning nature reserves.
Article 32 No production facilities shall be built in the core and buffer zones of nature reserves. In the experimental areas of nature reserves, no production facilities that pollute the environment or damage resources or landscapes may be built; For other projects under construction, the discharge of pollutants shall not exceed the national and local standards for pollutant discharge. Facilities that have been built in the experimental areas of nature reserves and whose pollutant emissions exceed the national and local discharge standards shall be treated within a time limit; If damage is caused, remedial measures must be taken.
The projects constructed in the protected areas of the nature reserves shall not damage the environmental quality of the nature reserves; If damage has been caused, it shall be remedied within a time limit.
The decision to control the pollution within a time limit shall be made by the authorities as prescribed by laws and regulations. Enterprises and institutions that have been ordered to control the pollution within a time limit must complete the control task on time.
Article 33 Units and individuals that have caused or are likely to cause pollution or damage to nature reserves as a result of accidents or other sudden events must take immediate measures to deal with the situation, promptly notify the units and residents that may be endangered, and report to the administrative agencies of nature reserves, the local administrative departments of environmental protection and the administrative departments of nature reserves, Accept investigation and handling.
Chapter IV Legal Liability
Article 34 Any unit or individual that, in violation of the provisions of these Regulations, commits one of the following acts shall be ordered to make corrections by the administrative agency of natural reserves, and may be fined between 100 yuan and 5000 yuan according to different circumstances:
（1） Moving or destroying the boundary markers of nature reserves without authorization;
（2） Entering the nature reserve without approval or disobeying the management of the administrative organ in the nature reserve;
（3） The units and individuals who are approved to engage in scientific research, teaching practice and specimen collection in the buffer zone of the nature reserve do not submit copies of the results of their activities to the management organ of the nature reserve.
Article 35 Units and individuals that, in violation of the provisions of these Regulations, engage in logging, grazing, hunting, fishing, medicine gathering, land reclamation, burning wasteland, mining, sand digging and other activities in nature reserves, in addition to being punished in accordance with relevant laws and administrative regulations, The competent administrative department of the people's government at or above the county level or its authorized nature reserve management organization shall confiscate the illegal gains, order it to stop the illegal act, restore the original state or take other remedial measures within a time limit; Those who cause damage to nature reserves may be fined between 300 yuan and 1000 yuan.
Article 36 Where the administrative organ of a natural reserve, in violation of the provisions of these Regulations, refuses the supervision and inspection of the administrative department of environmental protection or the administrative department of the relevant natural reserve, or practices fraud in the inspection, the administrative department of environmental protection of the people's government at or above the county level or the administrative department of the relevant natural reserve shall impose a fine of not less than 300 yuan but not more than 3000 yuan.
Article 37 Where a nature protection administration agency, in violation of the provisions of these Regulations, commits one of the following acts, the relevant administrative department of the nature reserve under the people's government at or above the county level shall order it to make corrections within a time limit; The persons directly responsible shall be given administrative sanctions by their work units or superior authorities:
（1） Carrying out visit and tourism activities in nature reserves without approval;
（2） Opening visiting and tourism projects that are inconsistent with the protection direction of nature reserves;
（3） Failing to carry out visit and tourism activities in accordance with the approved scheme.
Article 38 If anyone violates the provisions of these Regulations and causes losses to a nature reserve, the competent administrative department of the relevant nature reserve under the people's government at or above the county level shall order him to compensate for the losses.
Article 39 Whoever obstructs the administrators of nature reserves from performing their official duties shall be punished by the public security organs in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Article 40 If a violation of the provisions of these Regulations causes a major pollution or destruction accident in a nature reserve, and leads to serious consequences of heavy losses of public or private property or casualties, which constitute a crime, the persons directly in charge and other persons directly responsible shall be investigated for criminal responsibility according to law.
Article 41 If the administrators of nature reserves,,, constitute a crime, they shall be investigated for criminal responsibility according to law; If the circumstances are minor and do not constitute a crime, the unit to which he belongs or the higher authorities shall give him administrative sanctions.
Chapter V Supplementary Provisions
Article 42 The relevant administrative departments of nature reserves under the State Council may, in accordance with these Regulations, formulate measures for the administration of relevant types of nature reserves.
Part 2: Model Regulations on the Management of Nature Reserves
Article 2 The Jiushan Archipelago Marine Ecological Nature Reserve (hereinafter referred to as the Reserve) refers to the land area and sea area between the four points connecting 29 ° 32.4 'north latitude, 122 ° 3.3' east longitude, 29 ° 32.4 'north latitude, 122 ° 29.2' east longitude, 29 ° 16.2 'north latitude, 122 ° 3.3' east longitude, 29 ° 16.2 'north latitude and 122 ° 23.5' east longitude, with a total area of 114950 hectares.
If the scope and boundary of the reserve need to be adjusted, it shall be announced after being approved by the competent people's government.
Article 3 These Regulations shall apply to the protection, planning, utilization and management of protected areas.
Article 4 The municipal and Xiangshan county administrative departments of environmental protection shall be responsible for the comprehensive management of the nature reserves.
The marine administrative departments of the city and Xiangshan County shall be in charge of the administration of the protected areas.
The departments of land and resources, forestry, fishery and maritime affairs shall, in accordance with their respective responsibilities, coordinate in the protection and management of the Reserve.
Article 5 A special administrative organ shall be established in the Reserve according to law to be responsible for the specific administration of the Reserve.
The responsibilities of the reserve management organization are:
（1） Implement national, provincial and municipal laws and regulations on nature reserves;
（2） Investigate natural resources and establish archives, organize environmental monitoring, and maintain the marine natural environment and resources in the Reserve;
（3） Formulate various management systems of the Reserve and uniformly manage the Reserve;
（4） Publicity and education on marine natural resources and ecological environment protection;
（5） Other responsibilities specified by laws and regulations.
Article 6 The people's governments of the city and Xiangshan County shall allocate special funds for the protection, planning, utilization and management of the reserve.
Article 7 The administrative organ of the nature reserve shall, together with the relevant competent administrative departments, work out the overall plan of the nature reserve, which shall be examined by the municipal people's government and submitted for approval within the prescribed limits of authority.
Article 8 The Reserve shall focus on protecting the biological resources and marine ecological environment such as finless porpoise, large yellow croaker, cuttlefish without needle, rare birds, etc.
Article 9 The protection zone is divided into core zone, buffer zone and experimental zone:
（1） The core area is the area composed of Xiaodongyan, Guanchuan'ao, Huangjiao, Shangzhu Mountain, Qilin Head, Daqing Mountain, Jiangjunmao, Nan'er, Mabu Mountain, Mosquito Mountain and Xiaojiao, and the west side of the squid mouth of Nanjiu Mountain;
（2） The buffer zone is the area within the connecting line 3000 meters outside the boundary of the core area, and the area within the connecting line 200 meters outside the boundary of the core area from the shoreline of Nanjiushan Island;
（3） The area outside the core area and buffer area in the reserve is the experimental area.
Article 10 The specific scope of the core area, buffer area and experimental area (longitude and latitude lines) shall be announced locally by the reserve management agency, and relevant boundary markers, landmarks and protection facilities shall be set up.
No unit or individual may, without authorization, move or damage the boundary markers, landmarks and protective facilities in the reserve.
Article 11 No one is allowed to enter the core area without authorization. If, due to the need of scientific research, it is necessary to enter the core area to engage in observation and investigation activities, an application and activity plan shall be submitted to the administrative organ of the protected area in advance and approved by the competent marine administrative department.
Article 12 It is prohibited to carry out production and business activities in the buffer zone. On the premise of ensuring that the marine life and bird resources and the ecological environment are not damaged and polluted, scientific research, investigation, teaching practice and specimen collection activities can be properly carried out in the buffer zone with the approval of the reserve management organization.
Article 13 Those who engage in scientific research and teaching practice in experimental areas shall report their research and practice plans to the administrative organ of the reserve ten days in advance.
For those who are engaged in visit and tourism activities in the experimental area, the administrative organ of the protected area shall put forward a plan, which shall be approved by the competent marine administrative department. Those engaged in visit and tourism activities shall follow the approved plan and be subject to the management of the administrative organ of the protected area.
Article 14 Units and individuals approved to engage in scientific research, teaching practice and other activities in the core area and buffer zone shall submit copies of their activities results (including photos, videos, data, papers, charts, etc.) to the administrative organ of the protected area within six months from the end of the activities; If the deadline for submission cannot be met due to special circumstances, the deadline for submission may be appropriately extended, and the reason for extending the deadline shall be notified to the reserve management agency.
Article 15 It is prohibited to build any production facilities in the core area and buffer zone. It is prohibited to construct productive projects that pollute the environment and damage resources and landscapes in the experimental area; For other projects under construction, the discharge of pollutants shall not exceed the national and local standards.
Article 16 Collecting and catching activities in the core area and buffer zone are prohibited.
It is prohibited to conduct fishing activities other than drift gill net and fishing in the experimental area. The number of vessels permitted to engage in drift gill netting and fishing operations in the experimental area will no longer increase, but the total number of vessels shall gradually decrease.
Those engaged in the operations permitted in the preceding paragraph shall not collect or catch the animals under special protection and the fish, shrimp, shellfish and algae in the breeding and seedling stages. The types of fish, shrimp, shellfish and algae in the breeding and seedling stages shall be announced by the municipal department of fishery administration.
Article 17 Activities such as felling, grazing, hunting, sand quarrying, stone quarrying, reef digging, reef blasting, burning wasteland, collecting bird eggs and catching birds are prohibited in the Reserve.
Article 18 Those who violate the provisions of the second paragraph of Article 10, Article 11, Article 12, the second paragraph of Article 13 and Article 14 of these Regulations shall be ordered by the administrative organ of the Reserve to make corrections, take remedial measures, confiscate the illegal gains, and may be fined not less than 100 yuan but not more than 2000 yuan; If the circumstances are relatively serious, a fine of not less than 2000 yuan but not more than 5000 yuan shall also be imposed; If damage is caused to the reserve, a fine of not less than 10000 yuan but not more than 100000 yuan shall be imposed.
Article 19 Those who violate the provisions of Article 16 of these Regulations shall be punished by the administrative authorities of the protected areas in accordance with the relevant provisions of the Fisheries Law of the People's Republic of China; If damage is caused to the protected area, it shall be ordered to take remedial measures and be fined not less than 10000 yuan but not more than 100000 yuan.
Article 20 Those who violate the provisions of Article 17 of these Regulations shall be ordered by the administrative organ of the nature reserve to stop the illegal act, restore the original state or take other remedial measures within a time limit, confiscate their illegal gains, and may be fined not less than 300 yuan but not more than 2000 yuan; If the circumstances are relatively serious, a fine of not less than 2000 yuan but not more than 10000 yuan shall also be imposed; If damage is caused to the reserve, a fine of not less than 10000 yuan but not more than 100000 yuan shall be imposed.
Article 21 Where the provisions of Article 15 of these Regulations are violated, the relevant laws and regulations shall prevail.
Article 22 Those who violate the provisions of these Regulations and cause losses to the Reserve shall be liable for damages according to law.
Article 23 If the administrative organ of the protected area, other relevant administrative departments and their staff members; The persons directly in charge and other persons directly responsible shall be given administrative sanctions by their work units or higher authorities according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.
Part 3: Model Regulations on the Management of Nature Reserves
Article 2 Unless otherwise stipulated by the State, all units or individuals within the territory of the People's Republic of China that collect, hunt or trade in wild medicinal materials must abide by these Regulations.
Article 3 The State applies the principle of combining protection with hunting and harvesting to the resources of wild medicinal materials, and creates conditions for artificial planting and breeding.
Article 4 The species of wild medicinal materials under special state protection are divided into three grades:
Class I: rare and precious wild medicinal materials that are endangered (hereinafter referred to as Class I protected wild medicinal materials);
Class II: important wild medicinal material species with shrinking distribution area and depleted resources (hereinafter referred to as Class II protected wild medicinal material species);
Grade III: main commonly used wild medicinal materials species with severely reduced resources (hereinafter referred to as Grade III protected wild medicinal materials species).
Article 5 The list of species of wild medicinal materials under special state protection shall be formulated by the state administrative department for medicine in conjunction with the administrative department for wildlife and plants under the State Council.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate and send a copy of the list of species of wild medicinal materials that need to be added to the list of species of wild medicinal materials under special state protection to the national administrative department of medicine for the record.
Article 6 It is forbidden to collect and hunt the species of wild medicinal materials under first-class protection.
Article 7 The hunting and purchase of wild medicinal materials under second or third class protection must be carried out in accordance with the approved plan. The plan is made by the county
The above (including the county, the same below) medical administrative departments (including the relevant departments authorized by the local people's government to manage the work, the same below), together with the wildlife and plant administrative departments at the same level, shall formulate the plan and submit it to the medical administrative department at the next higher level for approval.
Article 8 Anyone who collects or hunts wild medicinal materials under Grade II or III protection shall not collect or hunt in the prohibited hunting areas or during the prohibited hunting periods, and shall not use prohibited tools for hunting.
The prohibited hunting areas, prohibited hunting periods and prohibited tools mentioned in the preceding paragraph shall be determined by the administrative department of medicine at or above the county level in conjunction with the administrative department of wildlife and plants at the same level.
Article 9 Anyone who collects or hunts wild medicinal materials under Grade II or III protection must hold a medicine collection certificate.
If it is necessary to cut or hunt after obtaining a medicine picking certificate, it must apply to the relevant departments for a cutting certificate or a hunting certificate respectively.
Article 10 The format of the drug taking certificate shall be determined by the State pharmaceutical administrative department. The medicine collection certificate shall be issued by the medical administration department above the county level in conjunction with the wildlife and plant administration departments at the same level.
The issuance of cutting certificates and hunting certificates shall be handled in accordance with the relevant provisions of the State.
Article 11 The establishment of a national or local reserve for wild medicinal materials resources requires the approval of the State Council or the local people's government at or above the county level.
The establishment of a reserve for wild medicinal materials resources in a national or local nature reserve must be approved by the competent department of the national or local nature reserve.
Article 12 Anyone who wants to enter a reserve of wild medicinal materials resources to engage in scientific research, teaching, tourism and other activities must obtain approval from the administrative department of the reserve. Anyone who wants to enter a wild medicinal material resource reserve within a national or local nature reserve must also obtain the consent of the competent department of the nature reserve. If the species of wild medicinal materials under Grade I protection are eliminated by nature, the medicinal materials companies at all levels shall be responsible for the operation and management of the medicinal materials, but shall not export them.
Article 14 The species of wild medicinal materials under Grade II and III protection belong to the species planned and managed by the State and are under the unified management of the Chinese Medicinal Materials Company; Other varieties shall be purchased by the county drug companies or their entrusted units according to the plan.
Article 15 Unless otherwise stipulated by the State, the medicinal parts of the species of wild medicinal materials under Grade II and III protection shall be exported in limited quantities.
The varieties subject to the system of limited export and export license shall be determined by the State pharmaceutical administrative department in conjunction with the relevant departments of the State Council.
Article 16 The specifications and grading standards for wild medicinal materials shall be formulated by the state administrative department for medicine in conjunction with the relevant departments under the State Council.
Article 17 Any unit or individual that has made outstanding achievements in the protection of wild medicinal materials resources shall be given spiritual encouragement or one-time material rewards by the medical administrative departments at all levels together with the relevant departments at the same level.
Article 18 If anyone violates the provisions of Articles 6, 7, 8 and 9 of these Regulations, the local administrative department for medicine at or above the county level shall, together with the relevant departments at the same level, confiscate the illegally collected wild medicinal materials and the means of use, and impose a fine.
Article 19 The local administrative department of medicine at or above the county level and the competent department of nature reserves shall have the power to stop those who violate the provisions of Article 12 of these Regulations; Those who have caused losses must bear the liability for compensation.
Article 20 In case of violation of the provisions of Articles 13, 14 and 15 of these Regulations, the administrative department for industry and commerce or relevant departments shall confiscate the wild medicinal materials and all illegal income, and impose a fine.
Article 21 Any staff member of the department in charge of protecting the resources of wild medicine stacks shall be given administrative sanctions by the unit to which he belongs or by the superior management department; Those who have caused losses to the resources of wild medicinal materials must be liable for compensation.
Article 22 If a party refuses to accept the decision on administrative penalty, he may, within 15 days of receiving the written decision on penalty, submit it to the people's court; If the decision on administrative penalty is neither executed nor enforced within the time limit, the department that made the decision on administrative penalty may apply to the people's court for compulsory execution.
Article 23 If the destruction of wild medicinal materials is serious enough to constitute a crime, the judicial organ shall investigate the criminal responsibility according to law.
Article 24 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate detailed rules for the implementation of these Regulations in accordance with these Regulations.
Part 4: Model Regulations on the Management of Nature Reserves
Article 1 These Regulations are formulated in accordance with relevant laws and regulations and in the light of actual conditions in order to protect, rationally develop and utilize the resources of Jiaozi Snow Mountain.
Article 2 The area under the protection and management of Jiaozi Snow Mountain (hereinafter referred to as the management area) is 253 square kilometers, located in the three townships (towns) of Wumeng, Zhuanlong and Snow Mountain in Luquan Yi and Miao Autonomous County, * * City, and the two townships (towns) of Hongtu and Shekui in Dongchuan District.
Article 3 The administrative areas shall follow the principles of strict protection, unified planning, unified management, rational development and sustainable utilization.
Article 4 The Municipal People's Government shall establish an administrative organ in the administrative area to protect and manage the administrative area.
Article 5 The municipal, county (district) construction, environmental protection, forestry, tourism, planning, land, agriculture, public security and other departments shall, in accordance with their respective duties, coordinate with the administrative agencies to do a good job in the protection and management of the administrative areas.
Article 6 The administrative organ shall commend and reward the units and individuals that have made outstanding contributions to the protection and management of the administrative area.
Chapter II Resources and Environmental Protection
Article 7 The administrative area shall be protected at three levels.
The primary protection zone is the core protection zone, which is only allowed to engage in approved scientific research and teaching activities.
The secondary protection zone is a landscape protection zone. The original landform, natural landscape and forest vegetation should be protected. All construction and business activities should be approved in accordance with the provisions of these Regulations.
Grade III protected area is a protected area, and various activities should be coordinated with the environment of the scenic spot.
1、 The scope of Grade II and Grade III protection zones shall be demarcated by the administrative agency in accordance with the approved overall plan, and boundary stakes and markers shall be erected to mark them.
No unit or individual may destroy or change boundary markers or markers without authorization.
Article 8 The trees in the management area shall be managed according to the plan.
Ancient and famous trees in the management area shall be registered and recorded, and protection instructions shall be set up. Cutting, transplanting and damaging are prohibited.
It is prohibited to cut down trees in the administrative area without authorization; If it is really necessary to cut down trees, they should meet the requirements of the planning of the administrative area, and after being examined and approved by the administrative agency, they should be reported to the competent forestry administrative department for approval.
Article 9 Lakes, rivers (streams), river beds, springs, waterfalls, etc. within the administrative area shall not be enclosed, filled, blocked, intercepted or altered by others without authorization, except for renovation and utilization in accordance with the planning of the administrative area.
Article 10 It is forbidden to hunt or injure wildlife in the administrative areas.
Article 11 Mining, quarrying, sand digging and earth fetching in Grade I and II protected areas are prohibited.
For the maintenance of roads and facilities in the management area, if it is really necessary to collect stones, sand and earth in the three-level protection area, the mining and excavation shall be carried out at the designated place and the environment of the mining area shall be restored according to regulations after the approval of the management organization and the approval of the relevant administrative departments such as land and resources.
Residents in the administrative area who, due to their living needs, collect stones, sand and earth for their own use in Grade III protection zones shall go to the designated places within the areas designated by the administrative agencies to collect and dig.
Article 12 Bamboo, wood, flowers and plants, seeds and animals that have not been quarantined by the animal and plant quarantine department are prohibited from being introduced into the administrative area.
Article 13 The following acts are prohibited in Grade I and Grade II protected areas:
（1） Inscribe, carve or deface on rocks and trees;
（2） Digging, trampling, felling and climbing flowers and trees;
（3） Littering and stacking garbage and wastes or discharging pollutants;
（4） Burning wasteland, reclaiming wasteland and burying graves;
（5） Store and carry inflammable, explosive, toxic and harmful materials;
（6） Carrying kindling, picnicking and other illegal fire operations;
（7） Fishing, grazing and camping;
（8） Other acts that damage resources and the environment.
Article 14 Caravans are prohibited from entering Grade I protected areas.
Without the approval of the administrative authority, caravans are prohibited from entering the secondary protected area.
Chapter III Planning and Construction
Article 15 The overall plan and detailed plan of the administrative area shall be prepared by the administrative organ and then submitted to the people's government of * * Municipality for approval. When the overall plan and detailed plan need to be modified or changed, the management organization shall propose a plan and submit it to the People's Government of * * City for approval.
The approved overall plan and detailed plan of the management area are the basis for the protection, development and utilization of resources in the management area, and no unit or individual may violate or change them without authorization.
Article 16 The construction of scenic spots and tourist service facilities in the administrative area shall be carried out in accordance with the approved detailed plan.
No project is allowed to be built in the Grade I Reserve.
It is forbidden to construct facilities that damage the landscape, pollute the environment or hinder sightseeing in the secondary protection zone; Only sightseeing trails, rest booths, toilets, peel boxes and other sightseeing environmental sanitation facilities can be built. The construction and installation of the above tourist service facilities shall be coordinated with the surrounding scenery in combination with the landform. The construction of cable cars and cableways shall conform to the plan, be examined and approved by the administrative organ, and be submitted to the competent administrative department with the power of examination and approval before proceeding.
It is forbidden to construct projects that damage the landform, natural mountains, forest vegetation or pollute in Grade III protection zones.
All kinds of tourist facilities shall be inspected and maintained regularly; Those that pollute the environment or damage the landscape during operation and use shall be removed within a time limit.
Article 17 Construction projects in the administrative areas shall be comprehensively developed and constructed as supporting facilities. Various structures, buildings and tourist service facilities should be coordinated with the surrounding landscape and environment in terms of layout, height, volume, shape, style and color, reflecting the local national culture and local characteristics.
Article 18 Construction projects implemented in the administrative area shall be reviewed and approved by the administrative agency according to the planning of the administrative area, and shall not be started until the relevant procedures are handled by the administrative departments in charge of environmental protection, planning and construction.
Article 19 The environmental protection facilities of the approved construction projects in the management area shall be designed, constructed and put into use simultaneously with the main works; Those failing to meet the environmental protection requirements shall not be constructed or put into use.
Article 20 During the construction of a construction project, the construction unit shall take measures to protect the scenery, vegetation, water and geomorphic environment around the construction site, and shall not cause pollution or damage; Construction waste shall be cleared and transported in a timely manner and dumped and disposed of at designated places; At the end of construction, the site shall be cleaned in time to restore the original environment.
Chapter IV Management and Service
Article 21 Units, residents and tourists in the management area shall protect the resources and public facilities in the management area, maintain the environmental sanitation in the management area, comply with the management regulations and tour requirements, and accept the management, supervision and guidance of the management agency.
Article 22 The administrative organ shall support and encourage the local enterprises and the masses to make rational use of the resources in the Grade III protected areas and the surrounding areas, carry out production and business activities consistent with the characteristics of resources and the direction of protection, develop the tertiary industry dominated by tourism, and drive the local economic development.
Article 23 Any unit or individual that needs to engage in various business activities in the administrative area shall go through other formalities after obtaining the consent of the administrative agency. All business activities shall be carried out in the place approved by the administrative authority. The indicating signs of the business premises shall be made in accordance with the patterns and specifications prescribed by the administrative agency and shall be installed at the designated places.
Article 24 Business operators shall publicize the service charging items and standards, ensure the quality of service, and shall not force tourists to sell commodities or provide services, or cheat, coerce or mislead tourists to consume.
Article 25 It is prohibited to set up, post and distribute advertisements in Grade I and Grade II protected areas.
Article 26 The administrative organ shall strengthen the safety management of public security, fire control, forest protection and fire prevention, road traffic, tourist facilities, etc. in the administrative area, establish and improve the safety management system, protect the safety of tourists and the integrity of scenery, and maintain public order in the administrative area. Regular inspection shall be conducted on vehicles, cable cars, cableways and other traffic facilities under management; Warning signs shall be set up on dangerous roads, busy crossings and dangerous sections to strengthen management and maintenance.
Article 27 The administrative agency shall set up signs in accordance with the provisions of road traffic management and keep them in good condition.
Vehicles in the management area shall drive along the routes specified by the management organization and stop at the specified places.
Article 28 The administrative agency shall, in accordance with the State regulations and relevant laws and regulations, do a good job in environmental hygiene and food safety in the administrative area, manage the hygiene and food safety in the catering and service industries, and may, according to needs, stipulate the commodities and service items that are prohibited from being operated in the administrative area, as well as the fuels and packaging items that are prohibited from being used.
Article 29 The administrative organ shall formulate an emergency plan against natural disasters such as avalanches, rainstorms, fog, mud rock flows and other public emergencies, equip information equipment and warn information in a timely manner.
The management institution shall scientifically and reasonably determine the tourist capacity and tour routes of each scenic spot and scenic spot, formulate specific plans to guide tourists in peak tourist seasons, and prohibit the admission of tourists beyond the capacity.
The management organization may, according to the needs of environmental protection and ecological restoration, regularly close and take turns at important scenic spots and attractions.
Article 30 The administrative agencies shall formulate the precautions for tourism, set up pictorial signs for tour guides, do a good job of publicity and education for civilized tourism, guide tourists to observe public order, and protect resources, environmental sanitation, and public facilities in the administrative areas.
Article 31 The resources and facilities in the administrative area shall be used with compensation. All units and individuals that use the resources in the management area to conduct business activities and use facilities shall pay resource protection fees and facility maintenance fees to the management agency for the maintenance, construction and environmental protection of the management area. The specific charging standards shall be subject to the standards approved by the People's Government of * * Province.
Chapter V Legal Liability
Article 32 Those who violate the provisions of Paragraph 6 of Article 7 of these Regulations shall be ordered by the administrative agency to restore to the original state, compensate for the losses, and may also be fined between 500 yuan and 2000 yuan.
Article 33 Those who violate the provisions of Article 9 of these Regulations shall be ordered by the administrative organ to restore the original state within a time limit, and shall be fined not less than 50000 yuan but not more than 100000 yuan; If it delays or refuses to restore the original state, it shall bear all expenses incurred in restoring the original state.
Article 34 Those who violate the provisions of the third paragraph of Article 11 of these Regulations shall be ordered by the administrative agency to stop the illegal act, restore the original state within a time limit, and be fined 100 yuan per cubic meter. If the volume is less than 1 cubic meter, it shall be calculated as 1 cubic meter; If the circumstances are serious, a fine of not less than 1000 yuan but not more than 5000 yuan shall be imposed.
Article 35 Those who violate the provisions of Paragraph 1 of Article 13 of these Regulations shall be ordered by the administrative agency to stop the illegal act, take remedial measures within a time limit, and be fined between 100 yuan and 1000 yuan.
Those who violate the provisions of Item 2 of Article 13 of these Regulations shall be ordered by the administrative organ to make corrections, confiscated the flowers, plants and trees that have been dug, felled or broken, and may also be fined not less than 100 yuan but not more than 1000 yuan.
Those who violate one of the provisions of item 3, item 4, item 5, item 6 and item 8 of Article 13 of these Regulations shall be ordered by the administrative department to make corrections within a time limit, move within a time limit, restore to the original state, and confiscate the inflammable, explosive, toxic and harmful substances and kindling materials stored and carried; If it fails to make corrections or restore the original state within the time limit, the administrative agency shall impose a fine of not less than 5000 yuan but not more than 20000 yuan on the unit and not less than 1000 yuan but not more than 5000 yuan on the individual; Graves that do not move within the time limit shall be forcibly moved by the administrative organ.
Those who violate the provisions of Item 7 of Article 13 and Article 14 of these Regulations shall be ordered by the administrative agency to make corrections and be fined between 100 yuan and 500 yuan.
Article 36 Those who violate one of the provisions of the second, third and fourth paragraphs of Article 16 of these Regulations shall be ordered by the administrative organ to dismantle within a time limit; If it fails to dismantle within the time limit, the administrative agency shall impose a fine of not less than 50000 yuan but not more than 100000 yuan on the unit, and a fine of not less than 10000 yuan but not more than 50000 yuan on the individual.
Article 37 Those who violate the provisions of Article 20 of these Regulations shall be ordered by the administrative organ to make corrections within a time limit and restore the original state; If it fails to make corrections within the time limit, the administrative agency shall impose a fine of not less than 10000 yuan but not more than 50000 yuan on the unit and not less than 5000 yuan but not more than 10000 yuan on the individual.
Article 38 Those who violate one of the provisions of Articles 23 and 25 of these Regulations shall be ordered by the administrative agency to make corrections within a time limit; If it fails to make changes within the time limit, the administrative agency shall impose a fine of not less than 1000 yuan but not more than 5000 yuan on the unit and not less than 500 yuan but not more than 1000 yuan on the individual.
Article 39 In case of violation of the provisions of Article 8, Article 10, Paragraph 1 and Paragraph 2 of Article 11, Article 12, Paragraph 1 of Article 16, Article 18, Article 19, and Article 24 of these Regulations, the competent administrative departments of forestry, land, planning, environmental protection, construction, and pricing shall impose administrative penalties according to law.
Article 40 If the management institution finds any act in violation of these Regulations but has no right to deal with it, it shall timely transfer it to or notify the department that has the right to deal with it, and the department that has the right to deal with it shall timely deal with it according to law, and notify the management institution of the handling situation.
Article 41 If the administrative agency, in violation of the provisions of these Regulations, commits one of the following acts, the responsible person in charge and other persons directly responsible shall be given administrative sanctions according to law:
（1） Failing to investigate and register various resources in the management area, establish files and set up signs as required;
（2） Failing to approve construction projects and business projects in accordance with the planning requirements of the administrative area and the approval procedures prescribed in these Regulations;
（3） Failing to set up warning signs and make precautionary instructions as required;
（4） Accepting tourists beyond the allowable capacity and carrying out sightseeing activities in areas without safety guarantee, resulting in casualties;
（5） Poor management causes damage to resources and environment in the management area;
（6） Colluding with business units or individuals to extort tourists;
（7） Unauthorized increase in the collection standards of resource protection fees and facility maintenance fees;
（8） Misappropriating resources protection fees and facilities maintenance fees;
（9） Failing to deal with the acts violating these Regulations according to law;
（10） Others.
Article 42 Those who violate the provisions of these Regulations and cause losses shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Part 5: Model Regulations on the Management of Nature Reserves
Key words of the paper: environmental and resource protection, legal system, local legislation
The Fourth Plenary Session of the 18th CPC Central Committee proposed that the overall goal of comprehensively promoting the rule of law is to build a socialist rule of law system with Chinese characteristics and build a socialist country under the rule of law. This is also the first time since September 1997, 17 years after the 15th National Congress of the Communist Party of China put forward the strategy of "governing the country according to law", that the plenary session of the Communist Party of China took "governing the country according to law" as the theme, undoubtedly charting a new road map for China to build a country ruled by law in the future. This roadmap is to adhere to the socialist system with Chinese characteristics under the leadership of the Communist Party of China, implement the socialist theory of the rule of law with Chinese characteristics, form a complete system of legal norms, an efficient system of rule of law implementation, a strict system of rule of law supervision, a strong system of rule of law guarantee, form a complete system of intra party laws and regulations, adhere to the rule of law We will work together to promote administration in accordance with the law, adhere to the integrated construction of a rule of law country, a rule of law government, and a rule of law society, achieve scientific legislation, strict law enforcement, fair justice, and law compliance by all people, and promote the modernization of the country's governance system and capacity. Since the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China in 1978, under the leadership of the Party, China has formed a socialist system of laws and regulations with Chinese characteristics, with the Constitution as the commander, the laws of the relevant laws of the Constitution, civil law, commercial law, administrative law and other legal departments as the backbone, and composed of laws, administrative regulations, local regulations and other multi-level legal norms, The construction of the legal system in various fields, including the construction of the environmental legal system, should be included. Under the guidance of the strategy of "governing the country according to law", in contrast to the difficulties and problems in the construction of the local legal system of environmental and resource protection in Yunnan Province, we should start from the legal and regulatory system, the legal implementation system, the legal supervision system, the legal guarantee system, and the internal party legal system of environmental and resource protection in Yunnan Province, Further improve and perfect the legal system construction of environmental resources protection in Yunnan Province. At the Fourth Plenary Session of the 18th CPC Central Committee, it was proposed to "protect the ecological environment with strict legal system". This requires us to speed up the formulation and improvement of strict local laws and regulations with Yunnan characteristics, together with the effective implementation of relevant national environmental and resource protection laws and regulations in Yunnan, so as to achieve the legalization of environmental and resource protection in Yunnan.
1、 Basic information on the construction of local laws and regulations system for environmental and resource protection in Yunnan Province
Yunnan is an ecological security barrier and a treasure house of biodiversity in southwest China, undertaking the strategic task of maintaining regional, national and even international ecological security. Yunnan has a good ecological environment and natural endowment, and was the first to propose to build a strong green economy province. There is a long way to go for environmental resources and ecological protection. With the continuous advancement of the democratic and legal construction process in China, the environmental resources legislation in Yunnan Province has also been continuously strengthened and improved. In recent years, local people's congresses at all levels and their standing committees in Yunnan Province have established the concept of scientific and democratic legislation, and actively carried out national autonomy legislation, economic legislation, and ecological environment legislation on the premise of ensuring the quality of legislation. Compared with other places, the local legislative work of environmental resources protection in Yunnan Province started earlier, especially in the setting of environmental resources legislative framework, which basically set up environmental resources planning, environmental resources management institutions and responsibilities, environmental resources supervision and management, environmental resources protection, utilization and improvement, prevention and control of environmental pollution and other public hazards, legal responsibilities and other contents. Carefully sort out the local laws and regulations on environmental and resource protection in Yunnan Province. Since 1992, Yunnan Province has formulated the Environmental Protection Regulations of Yunnan Province, the Agricultural Environmental Protection Regulations of Yunnan Province, the Geological Environment Protection Regulations of Yunnan Province, the Radio Electromagnetic Environment Protection Regulations of Yunnan Province, the Wetland Protection Regulations of Yunnan Province Regulations of Yunnan Province on the Protection of Yunlong Reservoir, Regulations of Yunnan Province on the Protection of Yangzong Lake, Regulations of Yunnan Province on the Protection of Dianchi Lake, Regulations of Yunnan Province on the Protection of Niulan River, Regulations of Yunnan Province on the Protection of Scenic Spots, Measures of Yunnan Province for the Implementation of the Mine Safety Law of the People's Republic of China, Measures of Yunnan Province for the Implementation of the Water and Soil Conservation Law of the People's Republic of China Several Regulations of Yunnan Province on Paid Development of Barren Mountains, Regulations of Yunnan Province on the Protection of Precious Tree Species, Regulations of Yunnan Province on the Protection of Terrestrial Wildlife, Regulations of Yunnan Province on the Protection of Forests, Regulations of Yunnan Province on the Protection of Chenghai, Regulations of Yunnan Province on the Protection of Fuxian Lake, Regulations of Yunnan Province on the Protection of Xingyun Lake, Regulations of Yunnan Province on the Protection of Qilu Lake Local regulations on environmental resources protection, such as the Regulations on the Administration of the Dashanbao Black necked Crane National Nature Reserve in Zhaotong, Yunnan Province, and the Fishery Regulations of Yunnan Province. In addition, some ethnic autonomous regions have also formulated corresponding separate regulations on environmental resources protection, such as the Regulations on the Administration of Forest and Wildlife Type Nature Reserves in Wenshan Zhuang and Miao Autonomous Prefecture of Yunnan Province, the Regulations on the Administration of Xishuangbanna Dai Autonomous Prefecture Nature Reserves in Yunnan Province, the Regulations on the Administration of Natural Rubber in Xishuangbanna Dai Autonomous Prefecture of Yunnan Province Regulations on Forest Protection and Management of Gengma Dai and Wa Autonomous County in Yunnan Province, Environmental Protection Regulations of Xishuangbanna Dai Autonomous Prefecture in Yunnan Province, etc. According to statistics, up to now, Yunnan Province has issued nearly 30 local regulations on environmental and resource protection, as listed above; More than 20 government regulations related to environmental and resource protection have been issued, such as the Administrative Accountability Measures for Environmental Protection in Yunnan Province; Nearly 20 normative documents of the People's Government of Yunnan Province have been issued, such as the Notice of the People's Government of Yunnan Province on Printing and Distributing the Implementation Plan for the Prevention and Control of Air Pollution in Yunnan Province, the Opinions of the People's Government of Yunnan Province on Strengthening the Key Work of Environmental Protection, and other normative documents issued by the prefecture and city governments, such as the Detailed Rules for the Implementation of the Action Plan for the Prevention and Control of Air Pollution in Kunming. It can be said that the local legal system of environmental and resource protection in Yunnan Province has been initially established. Formally, these local laws and regulations, government rules and normative documents have been continuously improved and perfected, providing a strong legal guarantee for the protection of environmental resources in Yunnan Province; At the same time, it is these local laws and regulations, government rules and normative documents, together with national laws and regulations, departmental rules and international treaties on environmental and resource protection, that basically cover the main areas of environmental protection in Yunnan Province. These laws and regulations, government rules and normative documents are complete in categories, functions and internal coordination, The environmental and resource protection in Yunnan Province has laws and regulations to follow, and the five in one environmental and resource protection has basically been legalized.
2、 Problems in the Construction of Local Laws and Regulations on Environmental and Resource Protection in Yunnan Province
In recent years, environmental resources protection and ecological civilization construction in Yunnan Province have achieved substantial results. Ecological civilization must be ecological system civilization. System civilization cannot be separated from legislation, which is the premise and foundation of environmental resource protection and ecological civilization construction. Strengthening the local legislation of environmental resources protection and ecological civilization construction in Yunnan is the general trend (that is, the strategic need to maintain regional, national and even international ecological security), but also forced by the situation (the ecological environment is relatively fragile, ecological security is threatened, and the situation is grim). In recent years, the local legislation of environmental resources protection and ecological civilization construction in our province has achieved remarkable results, and has established the zoning system, natural reserve system, ecological demonstration area system, planning system, target responsibility system, construction project management system, ecological environment monitoring and damage accident prevention, early warning system, etc. While correctly examining the great achievements made in the local legislation on environmental and resource protection and ecological civilization construction in Yunnan Province, we should also be soberly aware that there are many imperfections in the environmental and resource protection legislation in Yunnan Province, especially there are still many gaps with the strategic objectives and tasks of environmental and resource protection proposed by the Third and Fourth Plenary Sessions of the 18th CPC Central Committee: First, these local laws and regulations, Most of them have the color of departmental legislation. If we carefully compare and analyze the provisions of different laws and regulations, we can find that there are many conflicts and coverage omissions in both the regulatory system and regulatory responsibilities. Each department has its own basic and specialized laws that are responsible for their implementation, and they form their own systems. Most of the drafts of these laws are drafted by these departments themselves, more or less with the color of departmental interests. Most laws with each department as the main implementation subject only stipulate the responsibilities of their own departments in a relatively specific way, and most laws only stipulate the responsibilities of other departments in principle. This is not conducive to the overall planning and promotion of the rule of law of ecological environment and resources. Second, laws and regulations should also settle disputes over the establishment of the regulatory system. Third, the current system of launching and drafting local legislation needs to be changed. The existence of such problems as the above is not only a problem of Yunnan's personality, but also a common problem across the country. For this reason, the Fourth Plenary Session of the 18th CPC Central Committee calls for the reform of the legislative model and the construction of a socialist legal system with Chinese characteristics. We must adhere to the principle of legislation first and play the leading and promoting role of legislation. We will further promote scientific and democratic legislation, improve the collection and demonstration system for legislative projects, improve the ways and means for legislators to lead and for all sectors of society to participate in legislation in an orderly manner, expand the ways for citizens to participate in legislation in an orderly manner, and change the phenomenon of departmental legislation.
On October 27, 2014, at the sixth meeting of the Central Leading Group for Comprehensively Deepening Reform, it was pointed out that scientific legislation is an important link in dealing with the relationship between reform and the rule of law. We should link legislation with reform decisions, ensure that major reforms are based on law, and that legislation actively adapts to the needs of reform and development. When studying reform plans and measures, we should simultaneously consider the legislative issues involved in the reform, and put forward legislative needs and suggestions in a timely manner. If it has been proved effective in practice, it should be raised to law in time. If the practical conditions are not mature and need to be tried first, authorization shall be made according to legal procedures. Laws and regulations that do not meet the requirements of reform should be revised and repealed in a timely manner. We should strengthen the work of legal interpretation, and clarify the meaning of legal provisions and the legal basis for application in a timely manner. This also points out the direction for improving and perfecting the construction of local laws and regulations on environmental and resource protection in Yunnan Province.
3、 Thoughts and Assumptions on Several Issues of Improving and Perfecting the Construction of Local Laws and Regulations for Environmental and Resource Protection in Yunnan Province
The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China proposed to protect the ecological environment with a strict legal system, accelerate the establishment of an ecological civilization legal system that effectively restricts development behavior and promotes green, circular and low-carbon development, strengthen the legal responsibility of producers for environmental protection, and significantly increase the cost of violations. Establish and improve the legal system of natural resource property rights, improve the legal system of land and space development and protection, formulate and improve laws and regulations on ecological compensation, soil, water, air pollution prevention and marine ecological environment protection, and promote the construction of ecological civilization. We will link legislation with reform decisions, ensure that major reforms are based on the law, and that legislation actively adapts to the needs of reform and economic and social development. If it has been proved effective in practice, it should be raised to law in time. If the practical conditions are not mature and need to be tried first, authorization shall be made according to legal procedures. Laws and regulations that do not meet the requirements of reform should be revised and repealed in a timely manner. Carefully study and think about the strategic objectives and tasks of environmental and resource protection proposed at the Third and Fourth Plenary Sessions of the 18th CPC Central Committee, and put forward the following thoughts and ideas on improving and perfecting the construction of local laws and regulations on environmental and resource protection in Yunnan Province in combination with the reality of Yunnan Province:
First, in combination with the actual situation of Yunnan, the Provincial People's Congress should take the lead in organizing the legal system and relevant departments of the provincial government to compile a catalogue of environmental and resource protection legislative projects in Yunnan, formulate plans and schedules for environmental and resource protection legislative projects, and establish, improve and perfect a set of effective measures to restrict the development of ecological environment in Yunnan as soon as possible and promote green and circular development in Yunnan Local laws and government regulations on ecological civilization of low-carbon development.
Second, we should improve the local legislative model of environmental and resource protection as soon as possible to prevent the departmental interests of local legislation. The initiation of the formulation or amendment of local laws and regulations concerning Yunnan's environment and resources can be decided by the Provincial People's Congress and its Standing Committee according to law enforcement inspection or research, or by the Provincial People's Congress or its Standing Committee submitted by the provincial government for deliberation. The provincial government can put forward opinions by various government departments before making the proposed decision; If the Provincial People's Congress or its Standing Committee decides to initiate the formulation or amendment of local regulations on environment and resources, the relevant special committee or working committee of the Standing Committee of the Provincial People's Congress can only be responsible for drafting the provisions, and the Legislative Affairs Office of the provincial government or even various departments can not be entrusted to draft the draft, so as to ensure the fairness and transcendence of the draft regulations; After the relevant special committee or the relevant working committee of the standing committee of the provincial people's congress conducts research and produces the draft of environmental and resource protection, the legislative affairs office of the provincial government and various departments can be convened to listen to opinions, but these opinions can only be used for reference by the provincial people's congress. The detached legislative system helps to solve the problems of departmental legislation, regulatory blind spots and mutual accountability. Similarly, when the Legislative Affairs Office of the Provincial People's Government decides to formulate or modify government regulations related to environmental and resource protection, it should also conduct research in person, fully listen to opinions from all walks of life, draft articles, and again solicit opinions from the community. The opinions of departments can only be used as reference, and local legislation cannot be led by departments.
Third, it is necessary to establish and improve the legal system of natural resource property rights that is consistent with the reality of Yunnan Province, and accelerate the formulation and improvement of laws and regulations on soil, water, air pollution prevention and the ecological environment protection of nine plateau lakes in Yunnan Province. Property right system is the cornerstone of market economy. The property right system of natural resources assets with clear ownership, clear rights and responsibilities, and effective supervision is the basic system for building ecological civilization. The local legislation of environmental and resource protection is a systematic project. Therefore, according to the newly revised Environmental Protection Law and in combination with the actual situation of Yunnan Province, we should accelerate the pace of revising the Environmental Protection Regulations of Yunnan Province. In the process of revision, we should deeply study and formulate the content of natural resource property rights, ecological compensation, water source protection, rocky desertification control, mineral resources protection, etc. suitable for Yunnan Province To guide the basic principles, basic legal systems and system requirements of major legal measures for environmental and resource protection; At the same time, on the basis of the country's need to establish and improve the legal system of property rights of natural resources, it is necessary to implement the ownership of natural resources assets owned by the whole people in a timely manner, establish a system to uniformly exercise the responsibilities of the owners of natural resources assets owned by the whole people, and authorize them to exercise the ownership, use, benefit and disposal rights of the owners on behalf of the whole people, The number, scope and purpose of various types of natural resource assets owned by the whole people shall be subject to unified supervision in the sense of ownership, and the owner's equity shall be enjoyed. In view of the rich natural resources, huge total assets and different resource attributes in Yunnan, the central government and local governments can respectively perform the duties of owners on behalf of the state, scientifically determine the respective property rights structure of ownership by the whole people and collective ownership, and reasonably divide and protect the ownership, management rights, franchise rights, etc; At the same time, it is necessary to speed up the formulation and improvement of local laws and government regulations on soil, water and air pollution prevention in Yunnan Province and ecological environment protection of nine plateau lakes, such as the Detailed Rules for the Implementation of Kunming Air Pollution Prevention Action Plan, which can be upgraded to local laws and regulations when conditions are ripe. At present, due to the lack of such basic local laws and regulations, the local laws and regulations on environmental and resource protection in Yunnan Province are scattered, incomplete and not applicable. Such as environmental protection regulations, terrestrial wildlife protection regulations, agricultural environmental protection regulations, nature reserves management regulations, precious tree species protection regulations, forest land management regulations, scenic spots regulations, wetland protection regulations and nine plateau lakes protection regulations.
Fourth, we should accelerate the construction of local laws and regulations on the development and protection of land and space in Yunnan Province. The protection of environmental resources and the construction of ecological civilization do not require people to treat nature passively, but actively use nature, transform nature, and better serve mankind on the basis of grasping the laws of nature. Therefore, protection and development has become an unsolvable problem in local legislation of environmental resources protection and ecological civilization construction. We must adhere to the principle of giving priority to protection and appropriate development and utilization. Protection inevitably means limiting the development of local economy without exploiting and utilizing natural resources and developing economy, which is difficult to be generally accepted by the local government and people. Therefore, the theoretical proposition of developing in protection and protecting in development is formed. However, it is difficult to grasp this "degree" in local legislation. Strict protection will inevitably prohibit or restrict the development of specific areas, and local people will not agree. If the development is not prohibited or restricted, the ecological resources may be destroyed. Therefore, local legislation should work hard on regulating this "degree", on regions, what is prohibited, what is restricted, alternative means and supervision modes, and require local governments to formulate economic development goals according to different regions and different periods of construction, and integrate economic construction into environmental resource protection and ecological civilization construction, Improve the regional human living conditions while protecting the environmental resources and rebuilding the ecosystem, such as vigorously developing the plateau featured eco efficient agriculture, and establishing the plateau featured eco efficient agriculture in the ecologically fragile areas. Innovating the system of ecological civilization should not simply talk about the ecological environment or economic development in isolation. Yunnan is also the ecological security barrier in the southwest. A large part of the province has been included in restricted development zones and prohibited development zones. The state requires that the area of protected areas in Yunnan Province should reach more than 14% of the total land area of the province, shoulder the responsibility of protecting the ecological environment, and achieve green development, circular development, and low-carbon development, These ecological environment resources protection areas will sacrifice the interests of industrial development, which will form the contradiction between economic development and environmental protection. In order to innovate the ecological civilization system, we should closely combine the situation of Yunnan Province and seriously handle the relationship between economic development and environmental protection. We should neither "fish with all our might" for economic development, nor "seek fish from trees" for environmental protection. We should not only have golden mountains and silver mountains, but also have green waters and green mountains.
Fifthly, accelerate the formulation and improvement of local laws and regulations suitable for ecological compensation in Yunnan. At present, the paid use of forest resources in Yunnan Province implements three systems: the collection and use management of forest cultivation funds, the compensation for forest land occupied and collected, and the collection and management of forest vegetation restoration fees. The compensation system for forest ecological benefits has been implemented, and the state-owned national and provincial public welfare forests are subsidized by 5 yuan per mu per year; The national public welfare forest with collective and individual ownership is subsidized by 15 yuan per mu per year, and the provincial public welfare forest is subsidized by 10 yuan per mu per year. In 2013, a total of 1.55 billion yuan of compensation was paid. The annual compensation from the central government for the subsidy and reward mechanism for grassland ecological protection is 480 million yuan. According to the national main functional zoning, 18 counties in Yunnan Province are designated as key ecological functional zones of restricted development zones, and the central finance will make financial transfer payments for compensation. In 2013, the central financial compensation amount was 1.886 billion yuan, and the provincial financial support of Yunnan Province was 1.179 billion yuan. Only 18 counties in Yunnan Province belong to the national key ecological functional areas, which are included in the scope of the central transfer payment. However, the ecological functional areas in Yunnan Province cover a wide range. There are 44 counties in the key areas of biodiversity protection determined by the provincial government, and the scope of ecological compensation is narrow and the compensation standard is low. In addition, in the actual operation of transfer payment for key ecological functional areas, Yunnan Provincial Finance has expanded the scope of subsidies to 129 counties (cities, districts). The transfer payment policy for key ecological functional areas has a large gap with the actual demand, and the compensation dislocation with the actual ecological functional areas is also large, so the expected effect of the policy is difficult to highlight.
One of the bottlenecks in the construction of ecological civilization is the lack of funds. At present, the national investment is limited, the local investment is difficult, the setting of fees is difficult, the paid use of natural resources is a drop in the bucket, the ecological environment compensation system is difficult to introduce, and the social forces participate together, introduce foreign capital, financial assistance, and tax support is insufficient. We must adhere to the principle of "restoration of the destroyer, payment by the user, and compensation by the beneficiary", and raise funds for ecological civilization construction through various ways. Local legislation should clarify that the government should increase investment and vigorously introduce foreign capital. Yunnan's rich environmental resources determine the importance and urgency of establishing an ecological compensation mechanism in Yunnan The ecological compensation of mineral resources development and other aspects are worth thinking about. The local legislation of environmental resources protection in Yunnan Province has great achievements in the establishment of ecological compensation mechanism. It should actively adopt various ways to suggest the country to establish an ecological environment compensation mechanism as soon as possible: first, determine the key areas of compensation. From the reality of Yunnan, we should focus on the establishment of ecological compensation mechanisms for urban water sources and small watersheds. The second is to determine the subject and principle of ecological compensation. The subject of ecological compensation should be determined according to the responsibility and status of stakeholders in specific ecological protection or destruction events; The compensation principle can consider four aspects: the destructor pays, the user pays, the beneficiary pays, and the protector gets compensation. The third is to determine the compensation standard. Various compensation standards should be refined to maximize the important role of ecological compensation mechanism in environmental and resource protection. Fourth, determine the ways and means of ecological compensation. In addition to the government compensation mechanism, we should also actively explore the market compensation mechanism to promote the diversified development of compensation subjects and compensation channels.
Part 6: Model Regulations on the Management of Nature Reserves
general provisions
Article 1 These Regulations are formulated for the purpose of strengthening the administration of scenic spots and historic sites, and effectively protecting and rationally utilizing the resources of scenic spots and historic sites.
Article 2 These Regulations shall apply to the establishment, planning, protection, utilization and management of scenic spots.
The term "scenic spots" as mentioned in these Regulations refers to areas with ornamental, cultural or scientific values, relatively concentrated natural and cultural landscapes, beautiful environment, and available for people to visit or carry out scientific and cultural activities.
Article 3 The State applies the principles of scientific planning, unified management, strict protection and sustainable utilization to scenic spots.
Article 4 The administrative agencies of scenic spots set up by the local people's governments at or above the county level in the places where the scenic spots are located shall be responsible for the protection, utilization and unified management of the scenic spots.
Article 5 The competent construction department under the State Council shall be responsible for the supervision and administration of scenic spots throughout the country. Other relevant departments under the State Council shall be responsible for the supervision and administration of scenic spots in accordance with the division of duties as prescribed by the State Council.
The competent construction departments of the people's governments of provinces and autonomous regions and the competent scenic spots departments of the people's governments of municipalities directly under the Central Government shall be responsible for the supervision and administration of scenic spots within their respective administrative areas. Other relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the supervision and administration of scenic spots in accordance with the prescribed division of duties.
Article 6 All units and individuals have the obligation to protect the resources of scenic spots and historic sites, and have the right to stop and report acts that damage the resources of scenic spots and historic sites.
Chapter II Establishment
Article 7 The establishment of scenic spots shall be conducive to the protection and rational utilization of scenic resources.
The newly established scenic spots and natural reserves shall not overlap or overlap; Where established scenic spots overlap or intersect with natural reserves, the planning of scenic spots and natural reserves shall be coordinated.
Article 8 Scenic spots are divided into national scenic spots and provincial scenic spots.
If the natural landscape and cultural landscape can reflect the important natural change process and major historical and cultural development process, are basically in a natural state or maintain the original historical appearance, and are national representative, they can apply for the establishment of national scenic spots; Those with regional representation may apply for the establishment of provincial scenic spots.
Article 9 When applying for the establishment of a scenic spot, relevant materials containing the following contents shall be submitted:
（1） Basic conditions of scenic resources;
（2） The scope of the proposed scenic spots and the core scenic spots;
（3） The nature and protection objectives of the proposed scenic spot;
（4） Tourist conditions for the proposed scenic spot;
（5） Contents and results of negotiation with the owners and users of natural resources such as land and forests and properties such as houses in the proposed scenic spots.
Article 10 For the establishment of a national scenic spot, the people's government of a province, autonomous region or municipality directly under the Central Government shall submit an application. The competent construction department under the State Council, together with the competent environmental protection department, the competent forestry department, the competent cultural relics department and other relevant departments under the State Council, shall organize argumentation, put forward examination opinions, and submit them to the State Council for approval and publication.
For the establishment of a provincial scenic spot, the people's government at the county level shall submit an application. The competent construction department of the people's government of the province or autonomous region or the competent scenic spot department of the people's government of the municipality directly under the Central Government shall, in conjunction with other relevant departments, organize argumentation, put forward examination opinions, and submit them to the people's government of the province, autonomous region or municipality directly under the Central Government for approval and publication.
Article 11 The legitimate rights and interests of the owners and users of natural resources such as land and forests and of property such as houses in scenic spots shall be protected by law.
The people's government applying for the establishment of a scenic spot shall consult fully with the owners and users of the land, forests and other natural resources, houses and other properties in the scenic spot before applying for approval.
If the establishment of a scenic spot causes losses to the owners and users of natural resources such as land and forests and properties such as houses in the scenic spot, compensation shall be made according to law.
Chapter III Planning
Article 12 The plan of a scenic spot is divided into a general plan and a detailed plan.
Article 13 The compilation of the overall plan of a scenic spot shall reflect the requirements of harmonious coexistence between man and nature, coordinated regional development and overall economic and social progress, adhere to the principle of giving priority to protection and subordinating development to protection, and highlight the natural characteristics, cultural connotation and local characteristics of the scenic spot resources.
The general plan of a scenic spot shall include the following contents:
（1） Landscape resource evaluation;
（2） Ecological resource protection measures, layout of major construction projects, development and utilization intensity;
（3） The functional structure and spatial layout of scenic spots;
（4） Prohibited development and restricted development scope;
（5） Tourist capacity of scenic spots;
（6） Relevant special planning.
Article 14 The overall plan of a scenic spot shall be completed within two years from the date of its establishment. The planning period of the master plan is generally 20 years.
Article 15 The detailed planning of scenic spots shall be formulated according to the different requirements of the core scenic spots and other scenic spots, determine the site selection, layout and scale of infrastructure, tourism facilities, cultural facilities and other construction projects, and clarify the scope of construction land and planning and design conditions.
The detailed plan of a scenic spot shall conform to the overall plan of the scenic spot.
Article 16 The planning of national scenic spots shall be formulated by the construction department of the people's government of the province or autonomous region or the scenic spot department of the people's government of the municipality directly under the Central Government.
The plans for provincial scenic spots shall be formulated by the people's governments at the county level.
Article 17 In the compilation of the plan for scenic spots and historic sites, the units with the corresponding qualification levels shall be selected by means of fair competition such as bidding.
The plan for a scenic spot shall be formulated in accordance with the scope, nature and protection objectives of the scenic spot that have been examined and approved, and in accordance with the relevant laws, regulations and technical specifications of the State.
Article 18 In drawing up plans for scenic spots and historic sites, the opinions of relevant departments, the public and experts should be widely solicited; When necessary, a hearing shall be held.
The materials submitted for approval for the planning of scenic spots and historic sites shall include the opinions of all sectors of society, the adoption of the opinions and the reasons for not adopting them.
Article 19 The overall plan of a national scenic spot shall be examined by the people's government of a province, autonomous region or municipality directly under the Central Government and then submitted to the State Council for examination and approval.
The detailed plan of a national scenic spot shall be submitted by the competent construction department of the people's government of a province or autonomous region or the competent scenic spot department of the people's government of a municipality directly under the Central Government to the competent construction department of the State Council for examination and approval.
Article 20 The overall plan for a scenic spot at the provincial level shall be examined and approved by the people's government of the province, autonomous region or municipality directly under the Central Government and submitted to the competent construction department under the State Council for the record.
The detailed plan of a scenic spot at the provincial level shall be examined and approved by the construction department of the people's government of the province or autonomous region or the scenic spot department of the people's government of the municipality directly under the Central Government.
Article 21 The plans for scenic spots and historic sites shall be announced to the public after being approved, and any organization or individual shall have the right to consult them.
Units and individuals in scenic spots shall abide by the approved planning of scenic spots and obey the planning administration.
Without approval of the plan of a scenic spot, no construction activities shall be carried out in the scenic spot.
Article 22 The approved plans for scenic spots shall not be modified without authorization. If it is really necessary to modify the scope, nature, protection objectives, ecological resources protection measures, layout of major construction projects, intensity of development and utilization, as well as the functional structure, spatial layout and tourist capacity of the scenic spots in the overall plan of the scenic spots, it shall be reported to the original examination and approval authority for approval; Any modification of other contents shall be reported to the original examination and approval authority for the record.
If it is really necessary to revise the detailed plan of a scenic spot, it shall be submitted to the original examination and approval authority for approval.
Where a government or a government department modifies the plan of a scenic spot, causing property losses to citizens, legal persons or other organizations, it shall make compensation according to law.
Article 23 Two years prior to the expiration of the planning period of the master plan of a scenic spot, the planning organization organ shall organize experts to evaluate the plan and make a decision on whether to reformulate the plan. The original plan shall remain valid until the new plan is approved.
Chapter IV Protection
Article 24 The landscape and natural environment in scenic spots shall be strictly protected in accordance with the principle of sustainable development and shall not be damaged or changed at will.
The administrative agencies of scenic spots shall establish and improve various management systems for the protection of scenic spots and historic resources.
Residents and tourists in scenic spots shall protect the scenery, water bodies, forest and grass vegetation, wild animals and various facilities in scenic spots.
Article 25 The administrative agencies of scenic spots shall investigate and appraise the important landscapes in the scenic spots, and formulate corresponding protection measures.
Article 26 The following activities are prohibited in scenic spots:
（1） Activities such as mountain opening, quarrying, mining, land reclamation, grave building and monument erection that damage the landscape, vegetation and landform;
（2） Build facilities for storing explosive, inflammable, radioactive, toxic and corrosive substances;
（3） Scribing or smearing on scenery or facilities;
（4） Littering.
Article 27 It is prohibited to set up various development zones in scenic spots in violation of the planning of scenic spots and historic sites, and to build hotels, guest houses, training centers, sanatoriums and other buildings irrelevant to the protection of scenic resources in the core scenic spots; Those that have already been constructed shall move out step by step in accordance with the plan for scenic spots and historic sites.
Article 28 Any construction activity outside the scope prohibited by Articles 26 and 27 of these Regulations in a scenic spot shall be examined and approved by the administrative agency of the scenic spot and go through the examination and approval procedures in accordance with the provisions of relevant laws and regulations.
For the construction of cable cars, cableways and other major construction projects in national scenic spots, the project site selection plan shall be submitted to the competent construction department under the State Council for approval.
Article 29 The following activities in a scenic spot shall be examined and verified by the administrative organ of the scenic spot and reported to the relevant competent department for approval in accordance with the provisions of relevant laws and regulations:
（1） Setting up and posting commercial advertisements;
（2） Hold large-scale recreation and other activities;
（3） Activities that change the natural state of water resources and water environment;
（4） Other activities that affect ecology and landscape.
Article 30 The construction projects in the scenic spots shall conform to the planning of the scenic spots and be coordinated with the landscape, and shall not damage the landscape, pollute the environment, or hinder sightseeing.
Where construction activities are carried out in scenic spots, the construction unit and the construction unit shall formulate plans for pollution prevention and control and water and soil conservation, and take effective measures to protect the surrounding scenery, water bodies, forest and grass vegetation, wildlife resources, topography and landform.
Article 31 The State shall establish a management information system for scenic spots to dynamically monitor the implementation of the planning of scenic spots and the protection of resources.
The administrative agencies of scenic spots in the places where national scenic spots are located shall report annually to the competent construction department under the State Council the implementation of the planning of scenic spots and the protection of natural resources such as land and forests; The competent construction department under the State Council shall promptly send a copy of the protection of land, forests and other natural resources to the relevant departments under the State Council.
Chapter V Utilization and Management
Article 32 The administrative agencies of scenic spots shall, according to the characteristics of scenic spots, protect the traditional ethnic and folk culture, carry out healthy and beneficial sightseeing and cultural entertainment activities, and popularize historical, cultural and scientific knowledge.
Article 33 The administrative agencies of scenic spots shall, according to the planning of scenic spots, make rational use of the resources of scenic spots and historic sites, and improve the transportation, service facilities and tourist conditions.
The administrative agencies of scenic spots shall set up scenic spot signs, road signs, safety warnings and other signs in the scenic spots.
Article 34 The administration of places for religious activities in scenic spots shall be carried out in accordance with the provisions of the State on the administration of places for religious activities.
Where the protection, utilization and management of natural resources, the protection of cultural relics and the management of nature reserves are involved in scenic spots, the provisions of relevant national laws and regulations shall also be implemented.
Article 35 The competent construction department under the State Council shall supervise, inspect and evaluate the implementation of the plan and the protection of resources of national scenic spots. Problems found shall be corrected and handled in a timely manner.
Article 36 The administrative organ of scenic spots shall establish and improve the safety guarantee system, strengthen safety management, ensure the safety of sightseeing, and urge the business units in scenic spots to accept the supervision and inspection of relevant departments according to laws and regulations.
It is prohibited to accept tourists beyond the allowable capacity and carry out sightseeing activities in areas without safety guarantee.
Article 37 The administrative agencies of scenic spots shall be responsible for selling the tickets to the scenic spots. Ticket prices shall be subject to the provisions of laws and regulations on price.
For transportation, service and other projects in scenic spots, the administrative agency of scenic spots shall, in accordance with relevant laws, regulations and scenic spot planning, determine the operators by means of fair competition such as bidding.
The administrative agencies of scenic spots and historic sites shall sign contracts with operators to determine their respective rights and obligations according to law. The operator shall pay the paid use fee of the scenic spot resources.
Article 38 The ticket income and the paid use fees of scenic resources in scenic spots shall be managed by two lines of income and expenditure.
The ticket income and paid use fees of scenic resources in scenic spots shall be used exclusively for the protection and management of scenic resources and compensation for the loss of the owners and users of the properties in scenic spots. The specific administrative measures shall be formulated by the financial department and the competent pricing department of the State Council in conjunction with the competent construction department of the State Council and other relevant departments.
Article 39 The administrative agencies of scenic spots and historic sites shall not engage in profit-making business activities, and shall not entrust the planning, management, supervision and other administrative functions to enterprises or individuals.
No staff member of the administrative organ of a scenic spot may concurrently work in an enterprise within the scenic spot.
Chapter VI Legal Liability
Article 40 Those who violate the provisions of these Regulations and commit one of the following acts shall be ordered by the administrative authorities of scenic spots and historic sites to stop the illegal act, restore the original state or demolish within a time limit, confiscate the illegal income and impose a fine of not less than 500000 yuan but not more than 1 million yuan:
（1） Activities that destroy the landscape, vegetation, topography and landform such as mountain opening, quarrying and mining in scenic spots;
（2） Building facilities for storing explosive, inflammable, radioactive, toxic and corrosive substances in scenic spots;
（3） Building hotels, guest houses, training centers, sanatoriums and other buildings unrelated to the protection of scenic resources in the core scenic area.
Where a local people's government at or above the county level and its relevant competent department approve the implementation of the act specified in the first paragraph of this Article, the directly responsible person in charge and other directly responsible persons shall be demoted or removed from office according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 41 Those who, in violation of the provisions of these Regulations, engage in construction activities outside the scope of prohibition in scenic spots without the examination and verification of the administrative agency of scenic spots, shall be ordered by the administrative agency of scenic spots to stop construction and dismantle within a time limit, and shall be fined not less than 20000 yuan but not more than 50000 yuan for individuals, and not less than 200000 yuan but not more than 500000 yuan for units.
Article 42 Where, in violation of the provisions of these Regulations, major construction projects such as cable cars and cableways are built in national scenic spots, and the site selection scheme of the project has not been approved by the competent construction department under the State Council, and the relevant departments of the local people's governments at or above the county level have examined and issued site selection opinions, the directly responsible person in charge and other directly responsible persons shall be given sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 43 Where an individual, in violation of the provisions of these Regulations, conducts activities that damage the landscape, vegetation, topography and landform, such as reclaiming land, repairing graves and erecting monuments in a scenic spot, the administrative agency of the scenic spot shall order him to stop the illegal act, restore the original state within a time limit or take other remedial measures, confiscate the illegal income, and impose a fine of not less than 1000 yuan but not more than 10000 yuan.
Article 44 Whoever, in violation of the provisions of these Regulations, carves or smears on scenery or facilities or litters in scenic spots or historic sites shall be ordered by the administrative authorities of scenic spots or historic sites to restore to the original state or take other remedial measures, and shall be fined 50 yuan; Whoever carves, smears or intentionally damages cultural relics, places of interest and historic sites under State protection by other means shall be punished in accordance with the relevant provisions of the Law on Administrative Penalties for Public Security; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 45 If anyone, in violation of the provisions of these Regulations, conducts the following activities in a scenic spot without examination and verification by the administrative authority of the scenic spot, the administrative authority of the scenic spot shall order him to stop the illegal act, restore the original state within a time limit or take other remedial measures, confiscate the illegal income and impose a fine of not less than 50000 yuan but not more than 100000 yuan; If the circumstances are serious, a fine of not less than 100000 yuan but not more than 200000 yuan shall be imposed:
（1） Setting and posting commercial advertisements;
（2） Holding large-scale recreation and other activities;
（3） Activities that change the natural state of water resources and water environment;
（4） Other activities that affect ecology and landscape.
Article 46 If a construction unit, in violation of the provisions of these Regulations, causes damage to the surrounding scenery, water bodies, forest and grass vegetation, wildlife resources, topography and landforms during the construction process, the administrative agency of scenic spots and historic sites shall order it to stop the illegal act, restore the original state within a time limit or take other remedial measures, and impose a fine of not less than 20000 yuan but not more than 100000 yuan; If it fails to restore the original state or take effective measures within the time limit, the administrative agency of scenic spots shall order it to stop construction.
Article 47 If, in violation of the provisions of these Regulations, the competent construction department under the State Council, the local people's government at or above the county level and its relevant competent departments commit one of the following acts, the persons directly in charge and other persons directly responsible shall be given sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Setting up various development zones in scenic spots in violation of the planning of scenic spots;
（2） The master plan of the scenic spot has not been completed within 2 years since the establishment of the scenic spot;
（3） Selecting a unit with no corresponding qualification level to prepare the scenic spot planning;
（4） Approving construction activities in the scenic spot before the approval of the plan of the scenic spot;
（5） Modifying the planning of scenic spots without authorization;
（6） Other acts of failing to perform the duties of supervision and administration according to law.
Article 48 In case of violation of the provisions of these Regulations and the administrative agency of a scenic spot committing one of the following acts, the local people's government at or above the county level that established the administrative agency of the scenic spot shall order it to make corrections; If the circumstances are serious, the directly responsible person in charge and other directly responsible persons shall be demoted or removed from their posts; If a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Accepting tourists beyond the allowed capacity or carrying out sightseeing activities in areas without safety guarantee;
（2） Failing to set up scenic spot signs, road signs, safety warnings and other signs;
（3） Engaging in profit-making business activities;
（4） Entrusting planning, management, supervision and other administrative functions to enterprises or individuals;
（5） Allowing the staff of the administrative agency of the scenic spot to work part-time in the enterprises in the scenic spot;
（6） Examining and approving the construction activities in the scenic spot that do not conform to the planning of the scenic spot;
（7） Failing to investigate and deal with any illegal act found.
Article 49 Where the illegal acts specified in the first paragraph of Article 40, Article 41, Article 43, Article 44, Article 45 and Article 46 of these Regulations have been punished by the relevant departments in accordance with the provisions of relevant laws and administrative regulations, the administrative authorities of scenic spots shall not punish them any more.
Article 50 If an illegal act specified in Paragraph 1 of Article 40, Article 41, Article 43, Article 44, Article 45 or Article 46 of these Regulations infringes upon the property of the State, a collective or an individual, the relevant unit or individual shall bear civil liability according to law.
Article 51 If, in accordance with the provisions of these Regulations, an order is made to dismantle the buildings, structures or other facilities illegally built in the scenic spots within a time limit, the units or individuals concerned must immediately stop the construction activities and dismantle them themselves; If construction continues, the organ that made the decision to order demolition within a time limit shall have the power to stop it. If the unit or individual concerned is not satisfied with the decision to order the demolition within a time limit, it may, within 15 days from the date of receiving the decision to order the demolition within a time limit, report to the people's court; If the violator fails to dismantle the building within the time limit, the organ that made the decision to order the building to be demolished within a time limit shall apply to the people's court for compulsory execution according to law, and the cost shall be borne by the violator.
Part 7: Model Regulations on the Management of Nature Reserves
Full text of the Regulations of Guangxi Zhuang Autonomous Region on Marine Environmental Protection Chapter I General Provisions
Article 1 In order to protect and improve the marine environment, prevent and control pollution damage, rationally develop and utilize marine resources, maintain ecological balance, and promote sustainable economic and social development, these Regulations are formulated in accordance with the Marine Environment Protection Law of the People's Republic of China, relevant laws and administrative regulations, and in the light of the actual conditions of this autonomous region.
Article 2 Units and individuals engaged in navigation, exploration, development, engineering construction, production, tourism, scientific research and other activities in the sea areas under the jurisdiction of the autonomous region, or engaged in activities affecting the marine environment in the coastal land areas, shall abide by these Regulations.
If pollution and damage to the marine ecological environment are caused outside the sea areas under the jurisdiction of the autonomous region, the relevant laws of the state and these Regulations shall apply.
Article 3 The coastal people's governments at or above the county level should strengthen the marine environment and marine ecological protection system, strengthen the capacity for disaster prevention and mitigation, and prevent and control pollution, promptly solve major problems in marine environmental protection, and incorporate marine environmental protection into their local plans for national economic and social development, and include marine environmental protection into the assessment system for environmental protection objectives, And incorporate the funds for marine environmental protection into the financial budget at the corresponding level.
Article 4 The competent administrative departments of environmental protection of the coastal people's governments at or above the county level, as the departments responsible for the unified supervision and administration of environmental protection, shall guide, coordinate and supervise the marine environmental protection work of the sea areas under the jurisdiction of the people's governments at the corresponding levels, and shall be responsible for the prevention and control of pollution damage to the marine environment caused by land-based pollutants and coastal construction projects within their respective administrative areas.
The competent marine administrative departments of the coastal people's governments at or above the county level shall be responsible for the supervision and administration of the marine environment in the sea areas under the jurisdiction of the people's governments at the corresponding levels, organize the investigation, monitoring, surveillance, evaluation and scientific research of the marine environment, and be responsible for the environmental protection against the pollution damage to the marine environment caused by marine engineering construction projects and marine dumping of wastes.
The fishery, forestry, water administration and other administrative departments of the coastal people's governments at or above the county level and the maritime administrative agencies shall, within their respective functions and duties, perform their duties of supervision and administration of marine environmental protection according to law.
Article 5 The coastal people's governments at or above the county level shall strengthen the publicity of laws and regulations on marine environmental protection, encourage and support scientific and technological innovation in marine environmental protection, comprehensive utilization of marine resources, and promote cleaner production; Encourage and support units and individuals to carry out marine environmental protection public welfare activities and report pollution damage to the marine environment, encourage social investment in marine ecological environment protection, and commend and reward units and individuals who have made outstanding achievements in protecting and improving the marine environment.
Chapter II Supervision and Administration of the Marine Environment
Article 6 The marine administrative departments of the people's governments of the autonomous regions shall, in conjunction with the administrative departments in charge of environmental protection, work out the marine environmental protection plans of the autonomous regions in accordance with the national marine environmental protection plan, the regional marine environmental protection plan for key sea areas, and the marine functional zoning of the autonomous regions, which shall be implemented after being submitted to the people's governments of the autonomous regions for approval and promulgation.
Marine environmental protection planning includes marine environmental protection objectives, main tasks, main measures, marine environmental pollution emergency capacity building, key sea areas, marine ecological construction project arrangements, and requirements for relevant departments of the autonomous region and cities and counties with coastal districts.
The plan for marine environmental protection shall be linked up with the plan for environmental protection and the plan for coastal development.
Article 7 The marine administrative departments of the people's governments of cities divided into coastal districts and at the county level shall, in conjunction with the administrative departments of environmental protection, fishery, etc., and the maritime administrative agencies, work out an implementation plan for marine environmental protection in accordance with the marine environmental protection plan of the autonomous region, and submit it to the people's government at the same level for approval and publication before implementation, and report it to the people's government at the next higher level for marine The competent administrative department of environmental protection shall put on record.
Article 8 The marine administrative departments of the people's governments of the autonomous regions shall, in conjunction with the administrative departments of environmental protection and standardization, work out the marine environmental quality standards of the autonomous regions for the items not specified in the national marine environmental quality standards on the basis of the marine environmental quality conditions and economic and technological conditions of the autonomous regions, and report them to the people's governments of the autonomous regions for approval and promulgation before implementation.
Article 9 The people's government of a city divided into coastal districts shall establish and improve the early warning linkage mechanism for marine natural disasters and marine environmental pollution accidents.
The marine administrative departments of the coastal people's governments at or above the county level shall, together with the relevant departments, establish and improve the marine environment monitoring network, strengthen the monitoring, monitoring, early warning, forecasting and information management of marine natural disasters and marine environment pollution accidents, establish a mechanism for sharing data on marine environment monitoring and surveillance, and comply with the national and autonomous regional marine environment quality standards The standards and norms for environmental monitoring and surveillance shall regularly evaluate the quality of the marine environment of the sea areas under their jurisdiction and report to the people's government at the same level.
The departments that exercise the power of supervision and administration of the marine environment according to law are respectively responsible for the monitoring and surveillance of the marine environment of the waters under their jurisdiction.
Article 10 The contents of marine environmental quality assessment include the basic information of marine chemistry, marine biology and ecology, coastal marine environmental conditions, and the discharge of pollutants from major estuaries and sewage outlets.
Article 11 The competent marine administrative departments of the coastal people's governments at or above the county level shall regularly provide the competent environmental protection administrative departments at the same level with the marine environmental monitoring data needed for the preparation of environmental quality bulletins.
The competent administrative department of environmental protection shall provide the competent marine administrative department at the same level with information related to the supervision and management of the marine environment.
Article 12 Units and individuals engaged in marine environment investigation and monitoring shall report to the marine administrative department of the coastal people's government at or above the county level for the record, unless otherwise stipulated by the State.
Article 13 The coastal people's governments at or above the county level shall organize the relevant departments to formulate emergency plans for marine natural disasters such as red tides, storm surges, waves, tsunamis and major marine environmental pollution accidents.
Units that may cause major marine environmental pollution accidents, such as offshore oil exploitation, coastal petrochemical, paper making, metallurgy, nuclear power, shipping, ports, etc., shall, in accordance with the relevant provisions of the state and the autonomous region, formulate emergency plans for marine environmental pollution accidents, and submit them to the competent environmental protection and marine administrative departments of the local coastal people's governments at or above the county level for the record.
Article 14 People's governments at or above the county level along the coast shall strengthen their ability to respond to marine pollution accidents, establish professional emergency rescue teams and equip them with special emergency rescue equipment, facilities and apparatus.
Units that may cause major marine environmental pollution accidents, such as offshore oil exploitation, coastal petrochemical, paper making, metallurgy, nuclear power, shipping, and ports, shall establish part-time emergency rescue teams, equip them with necessary special emergency rescue equipment, facilities, and equipment, and organize regular drills.
Article 15 In the event of sudden marine natural disasters such as red tide, storm surge, sea wave, tsunami and major marine environmental pollution accidents, the coastal people's government at or above the county level shall launch the emergency plan in a timely manner, notify the relevant units and individuals that may be endangered as soon as possible, take effective measures, do a good job in disaster prevention and mitigation and handling of pollution accidents, and eliminate or reduce the harm, In accordance with relevant regulations, it shall timely release information on the development and emergency disposal of sudden marine natural disasters and major marine environmental pollution accidents.
Article 16 In the event of a marine environmental pollution accident, the parties concerned shall immediately take measures to avoid or reduce pollution damage, report to the nearest department exercising the power of marine environmental supervision and management, such as marine and environmental protection, and accept investigation and handling.
If the party concerned fails to take effective measures in a timely manner, the department with the power to supervise and manage the marine environment shall, according to its duties, take emergency measures to avoid or reduce pollution damage. The expenses required for taking emergency disposal measures shall be borne by the responsible person according to law.
Article 17 After receiving a report on marine environmental pollution accidents, the marine and environmental protection departments of the coastal people's governments at or above the county level that exercise the power of supervision and management of the marine environment shall immediately take necessary measures to prevent the situation from escalating. If the accident falls within the scope of the department's responsibilities, it shall be investigated and handled in a timely manner according to law; If it does not fall within the scope of the department's responsibilities, it shall timely notify and transfer it to the department with supervision and management power for investigation and handling, and inform the parties concerned.
Chapter III Marine Ecological Protection
Article 18 The people's government of the autonomous region shall, in accordance with the requirements of marine ecological environment protection and legal procedures, select and establish marine nature reserves and special marine reserves.
Article 19 The marine administrative departments of the coastal people's governments at or above the county level shall, in conjunction with the administrative departments of environmental protection, fisheries and forestry, deal with the typical and representative marine ecosystems such as mangroves, coral reefs, seagrass beds, coastal wetlands, islands, bays, estuaries and important fishery waters where no marine nature reserves or special marine reserves have been established, The natural concentrated distribution area of rare and endangered marine organisms, the survival area of marine organisms with important economic value, and the marine natural historical sites and natural landscapes with important scientific and cultural value shall be reported to the people's government at the same level to establish a marine ecological monitoring area, so as to keep abreast of changes in the marine ecological environment.
Article 20 Units and individuals that have been approved according to law to excavate sand and gravel on the coast and in the sea areas shall carry out excavation within the areas designated by the coastal people's governments at or above the county level and take necessary ecological protection and safety measures, and shall not endanger the safety of the coast, docks, navigation channels, cross sea bridges, coastal roads, seawalls, submarine pipelines, etc.
Except for the construction and dredging of port facilities and waterways such as wharves, breakwaters, approach dikes and revetments, harbor basins, access channels, anchorage grounds, etc., it is prohibited to excavate sand and gravel in the following areas:
（1） Important fish migration routes, feeding grounds, wintering grounds, spawning grounds and habitats;
（2） Marine aquatic animal and plant breeding area, aquatic germplasm resources protection area, traditional sea catching area;
（3） Marine nature reserves, special marine reserves, marine shelter belts, marine ecological monitoring areas, coastal baths;
（4） Other sea areas specified by laws and regulations.
Article 21 The construction of artificial reefs and the proliferation and release of offshore artificial resources shall conform to the marine functional zoning, marine environmental protection planning and relevant technical specifications.
The fishery administrative departments of the coastal people's governments at or above the county level shall strengthen the supervision, administration and ecological monitoring of the artificial reef areas, closed fishing seasons and the activities of the proliferation and release of offshore artificial resources.
Article 22 The introduction of marine animal and plant species shall be subject to scientific demonstration. Where the import of marine animal and plant species is approved, the controllable experiment shall be conducted on the imported marine animal and plant species in the area designated by the approval authority; If it is found that it has caused or may cause harm to the marine ecosystem, it shall promptly take effective measures to eliminate the harm and report to the marine, fishery and forestry administrative departments of the local coastal people's governments at or above the county level.
The administrative departments for marine, fishery and forestry under the coastal people's governments at or above the county level shall organize follow-up observation of the imported marine animal and plant species. If they find that they may cause harm to the marine ecosystem, they shall take timely measures to avoid the occurrence of harm or mitigate and eliminate the harm.
Chapter IV Prevention and Control of Marine Environmental Pollution
Article 23 The people's government of the autonomous region shall, in accordance with the marine environmental capacity, marine functional zoning, marine environmental protection planning of the key sea areas of the autonomous region and the total amount control indicators for the discharge of major pollutants into the sea set by the state, organize the formulation of the total amount control indicators for the discharge of major pollutants into the sea and the plan for the control of the discharge of major pollution sources into the sea of the key sea areas of the autonomous region.
The people's governments of cities and county-level cities divided into coastal districts shall, in accordance with the total amount control indicators of the main pollutants discharged into the sea and the control plan of the main pollution sources discharged into the sea in the key sea areas of the autonomous region, formulate the implementation plan for the total amount control indicators of the main pollutants discharged into the sea and the control plan of the main pollution sources discharged into the sea in the key sea areas under their jurisdiction, and report it to the people's government at the next higher level for the record.
Article 24 People's governments at or above the county level and their environmental protection, water administration, land and resources, agriculture and other departments shall, within the scope of their respective duties, strengthen the supervision and management of the prevention and control of water pollution at the sources and basins of rivers entering the sea within their respective administrative areas, and implement the responsibility system for water quality protection and management at the junction of rivers entering the sea, Ensure that the water quality of rivers entering the sea does not exceed the discharge standards of water pollutants and the total amount control indicators of major water pollutants stipulated by the state and the autonomous region.
The administrative departments of environmental protection and the administrative departments of water under the coastal people's governments at or above the county level shall strengthen the monitoring of the water quality of the rivers entering the sea to ensure that the water quality of the rivers entering the sea is not lower than the water quality requirements determined in the marine functional zoning and marine environmental protection planning; If it is found that the water quality does not meet the requirements, it shall be investigated and handled according to law.
Article 25 Mariculture shall conform to relevant plans such as marine functional zoning, marine environmental protection plans, fishery and aquaculture plans, and strictly control the total amount of mariculture in shallow beaches.
Units and individuals engaged in mariculture should breed in approved areas, promote ecologically healthy breeding methods, feed and fertilize rationally, and use drugs for mariculture should comply with the provisions and standards of the state and the autonomous region for the safe use of pesticides and fishery drugs. They should not dispose of aquaculture production and domestic wastes in the sea area, and aquaculture wastewater containing pathogens should be treated innocuously, Only after the relevant discharge standards of the state and autonomous region are met, can they be discharged into the sea to prevent pollution of the marine environment.
Article 26 The establishment of sewage outlets into the sea shall conform to the marine functional zoning, the marine environmental protection plan and the offshore environmental functional zoning.
It is prohibited to build new sewage outlets in marine nature reserves, special marine reserves, important fishery waters, coastal scenic spots, tourist resorts and other sea areas that need special protection. If the pollutants discharged from the original drain outlet exceed the prescribed discharge standards, the competent administrative department of environmental protection of the coastal people's government at or above the county level shall, according to law, order the relevant units to control the pollution within a time limit; If it still fails to meet the requirements after treatment, it shall be ordered to relocate or close the drain outlet according to law.
Article 27 The competent administrative departments of environmental protection and the competent marine administrative departments of the coastal people's governments at or above the county level shall, in accordance with the total amount control indicators for the discharge of major pollutants into the sea and the requirements of the control plan for the discharge of major pollution sources into the sea, strengthen the monitoring of the discharge of pollutants into the sea and from land sources into the sea.
Units that have been approved to discharge land-based pollutants into the sea according to law shall send copies of the relevant technologies and data concerning the declared types, quantities and concentrations of pollutants discharged and the prevention and control of marine environmental pollution to the competent marine administrative departments, and ensure that the types, quantities and concentrations of pollutants discharged meet the relevant standards set by the state and the autonomous region.
Article 28 People's governments at or above the county level along the coast shall build and improve facilities for centralized sewage treatment in coastal cities and towns, implement centralized sewage treatment and discharge sewage up to the standard.
For hotels, restaurants, tourist sites, livestock and poultry large-scale breeding and other related places outside the area covered by the supporting pipe network of urban sewage centralized treatment facilities, sewage treatment facilities shall be built to treat the sewage generated by the unit, and the sewage can be discharged only after reaching the discharge standard.
Coastal industrial parks and industrial enterprises not located in the industrial parks shall build centralized sewage treatment facilities to treat sewage in a centralized manner, and implement offshore deep-water discharge up to the standard in accordance with the environmental assessment requirements of the park planning and the project environmental assessment requirements.
Article 29 Units and individuals that have been approved according to law to discharge pollutants or dump wastes into the sea shall pay pollutant discharge fees or dumping fees in accordance with State regulations.
The pollutant discharge fees and dumping fees collected by the coastal people's governments at or above the county level according to law shall be used for the rectification of marine environmental pollution and may not be diverted for other purposes.
Article 30 Coastal ports, wharves, loading and unloading stations and ship repair and building plants shall build facilities for receiving and treating ship pollutants and wastes, and implement centralized treatment of ship wastes.
Vessels and their related operations shall not, in violation of regulations, discharge oily sewage, ballast water, wastes, ship garbage and other toxic and harmful substances into port waters or the sea.
Ships from epidemic ports and their wastes, garbage, sewage, ballast water and other pollutants shall be reported to the inspection and quarantine department at the port where they call, and shall be treated innocuously in accordance with relevant regulations.
Article 31 Environmental protection facilities for coastal and marine engineering construction projects shall be designed, constructed and put into operation simultaneously with the main works. The construction project may not be put into trial operation without the environmental protection facilities having been examined and approved by the administrative department that originally examined and approved the environmental impact statement of the project; If the environmental protection facilities have not been checked and accepted by the administrative department that originally examined and approved the environmental impact statement of the project, or if they fail to pass the check and acceptance, the construction project may not be put into production or use.
The construction unit of a coastal or marine project shall, according to law, apply to the administrative department that originally examined or approved the environmental impact statement of the project for acceptance of environmental protection facilities 30 working days before the coastal or marine project is put into operation. If they fail to pass the acceptance, they shall rectify within a time limit.
Article 32 Reclaiming land from the sea is prohibited in areas of shipping value in natural harbours, important seedling bases and breeding sites, as well as in the natural spawning grounds, breeding grounds, feeding grounds of fish, shrimp, crabs, shellfish and algae on water surfaces and beaches, and in important migration routes.
Units and individuals that have been approved according to law to engage in reclamation activities shall adopt the method of reclamation before reclamation and effective measures to prevent marine environmental pollution; The filling materials used shall meet the requirements of marine environmental impact assessment, and no toxic and harmful materials such as household garbage and medical garbage shall be used for sea reclamation.
The construction unit of reclamation projects shall entrust qualified units to carry out marine environment tracking and monitoring, and construct in strict accordance with the provisions of the environmental impact assessment documents.
Article 33 Units and individuals that use the sea areas shall, in a timely manner, remove garbage and wastes from the areas within the sea areas.
Article 34 Those responsible for marine pollution accidents that endanger the marine ecological environment, marine aquatic resources and marine protected areas due to engineering construction, oil exploitation, discharge of pollutants, marine transportation, dumping of wastes, etc. shall eliminate the hazards; If losses are caused to the state, units or individuals, compensation shall be made according to law.
For the part of a marine pollution accident that causes heavy losses to the State, the department exercising the power of supervision and administration of the marine environment in accordance with these Regulations shall, on behalf of the State, claim damages against the person responsible, and the compensation obtained shall be used for the protection and restoration of marine ecology and the proliferation of aquatic resources.
Chapter V Marine Environmental Impact Assessment
Article 35 The construction, reconstruction and expansion of coastal and marine projects shall conform to the marine functional zoning and marine environmental protection plans, and environmental impact assessment shall be carried out according to law.
Article 36 The environmental impact assessment documents of coastal projects shall be examined and approved by the competent administrative department of environmental protection.
The environmental impact assessment documents of offshore projects shall be submitted to the competent administrative department of environmental protection for the record after being approved by the competent marine administrative department.
Article 37 The competent departments of environmental protection and marine administration of the coastal people's governments at or above the county level shall, before approving or approving the environmental impact assessment documents for coastal and marine projects, solicit opinions from the competent departments of fishery administration and the maritime administrative agencies; When necessary, a hearing may be held. Among them, the reclamation project shall hold a hearing to listen to the opinions of the society and the local public.
Article 38 Where the nature, scale, location, production technology or environmental protection measures to be taken of a coastal or marine project have undergone major changes after the environmental impact assessment documents of the project have been approved or examined, the construction unit shall re apply for approval or examine and approve the environmental impact assessment documents of the project.
If the environmental impact assessment document of a coastal project or an offshore project is not commenced until five years have elapsed since the date of approval or examination, the environmental impact assessment document shall be submitted to the original examination and approval department or the examination and approval department for re examination before the commencement of the construction of the project.
Chapter VI Legal Liability
Article 39 Whoever, in violation of the provisions of Article 20 of these Regulations, mines and excavates sand and gravel outside the areas designated by the coastal people's governments at or above the county level shall be ordered by the marine administrative departments of the coastal people's governments at or above the county level to stop the mining activities, confiscated of the illegal gains and concurrently imposed a fine of not less than 10000 yuan but not more than 50000 yuan; If the circumstances are serious, a fine of not less than 50000 yuan but not more than 100000 yuan shall also be imposed; If the circumstances are especially serious, a fine of not less than 100000 yuan but not more than 200000 yuan shall also be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 40 Whoever, in violation of the provisions of the first paragraph of Article 22 of these Regulations, fails to conduct controllable experiments on the introduced marine animal and plant species in the area designated by the approval authority shall be ordered by the marine administrative department of the people's government at or above the county level to make corrections within a time limit and take remedial measures, and shall be fined not less than 10000 yuan but not more than 100000 yuan; If it causes harm, it shall be ordered to eliminate the harm.
Article 41 Those who, in violation of the provisions of the second paragraph of Article 25 of these Regulations, dispose of aquaculture production and domestic wastes in the sea area, or discharge aquaculture wastewater containing pathogens into the sea area without innocuous treatment, shall be ordered by the department of fishery administration of the people's government at or above the county level to make corrections within a time limit and be fined not less than 2000 yuan but not more than 20000 yuan; If the circumstances are serious, a fine of not less than 20000 yuan but not more than 100000 yuan shall be imposed.
Article 42 If anyone, in violation of the provisions of the second paragraph of Article 32 of these Regulations, fails to enclose and fill the sea in an approved manner, or the filling materials used do not meet the requirements for marine environmental impact assessment, or uses toxic and harmful materials such as household garbage and medical garbage to fill the sea, the environmental protection or marine administrative department of the people's government at or above the county level shall, within the limits of its authority, order him to make corrections within a time limit, Take remedial measures; If it fails to make corrections within the time limit, it shall be ordered to stop construction and operation, and shall be fined not less than 50000 yuan but not more than 200000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 43 Where the relevant departments of marine environment supervision and administration and their staff members commit one of the following acts, the competent department at a higher level or the supervisory department shall give administrative sanctions to the persons directly in charge and other persons directly responsible according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Failing to stop or take necessary measures according to law when discovering violations of the provisions of these Regulations or marine pollution accidents, resulting in serious pollution damage consequences;
（2） Examining and approving the environmental impact assessment documents of coastal and marine projects beyond the scope of authority;
（3） Approving the commencement of construction without approval or approval of the environmental impact assessment documents of coastal and marine projects;
（4） Misappropriating pollutant discharge fees and dumping fees;
（5） Other acts of favoritism, malpractice, abuse of power and dereliction of duty.
Article 44 For acts in violation of the provisions of these Regulations, if laws and administrative regulations already provide for legal liability, such provisions shall prevail.
Chapter VII Supplementary Provisions
Article 45 These Regulations shall come into force as of February 1, 20xx.
The current situation of marine environmental protection was published in the Marine Environmental Protection Law of 1982, revised in 1999, and implemented from April 20xx. The new law has made specific provisions on the supervision and management of the marine environment, the investigation, monitoring, surveillance, evaluation and scientific research of the marine environment, the prevention and control of marine pollution engineering construction projects and the containment of marine pollution damage caused by dumping of wastes.
The Bohai Sea Blue Sea Action Plan is one of the initiatives to clean the sea in recent years. It has made a number of restrictive provisions on the discharge of wastes from offshore oil (gas) fields and ships into the sea and dumping of wastes into the sea.
Part 8: Model Regulations on the Management of Nature Reserves
Entrusted by the Agriculture, Resources and Environmental Protection Commission, I hereby make the following statement on the Regulations on the Protection and Management of Wenzhou Ecological Park in Zhejiang Province (Draft) (hereinafter referred to as the Draft Regulations):
1、 Necessity of formulating regulations and drafting process of draft regulations
Wenzhou Ecological Park is located in the center of Wenzhou metropolitan planning, with a total area of more than 130 square kilometers, and consists of three wetlands and Daluo Mountain. Among them, the three wetlands cover an area of 13 square kilometers, with dense internal water networks, and are composed of 161 islands. They have beautiful natural scenery, belong to the ancient alluvial plain, and are known as the "green kidney" of the city; The connected Daluo Mountain covers an area of 117 square kilometers. There are four provincial and municipal scenic spots, including Xianyan, Yaoxi, Chashan, Tianzhu Temple, and more than 500 natural and cultural attractions. It is an important ecological barrier for Wenzhou city and is known as the "green lung" of the city. Wenzhou Ecological Park is rich in ecological, natural, cultural, historical, tourism and landscape resources. It is the largest "green heart" in southeast coastal cities and a rare urban natural resource. Protecting its ecological environment plays an extremely important role in regulating the urban climate of Wenzhou, improving the living environment, expanding industrial space and enhancing the competitiveness of the city. To this end, the Wenzhou Municipal Government began to prepare for the establishment in November 2002 and formally established the Wenzhou Ecological Park Management Committee in May 2004. In May and September 2004, the Wenzhou Municipal Party Committee and the Wenzhou Municipal Government again requested authorization or entrusted management of the Wenzhou Ecological Park in the form of documents. However, due to the constraints of Wenzhou Ecological Park across the "two districts and one city" (i.e. Longwan District, Ouhai District, Rui'an City) administrative region and many departments involved, plus the lack of legal basis for the protection, construction and management of the existing ecological park, the management committee is still unable to perform its duties and implement effective management, The ecological environment resources of Wenzhou Ecological Park are also difficult to be effectively protected and used as a whole. Therefore, in order to strengthen the protection and management of Wenzhou Ecological Park, it is very necessary to formulate regulations.
After the regulations were included in the first class project of the legislative plan of the Standing Committee of the Provincial People's Congress in 2006, the Agriculture, Resources and Environmental Protection Committee of the Provincial People's Congress attached great importance to them. At the beginning of February, a law drafting group was specially established, which was attended by the Law Working Committee of the Standing Committee of the Provincial People's Congress, the Provincial Environmental Protection Bureau, Wenzhou Municipal People's Congress, the Municipal Legislative Affairs Office, the Municipal Environmental Protection Bureau, and relevant experts and practitioners, The first draft of the bill was drafted at the end of March. Later, he communicated with Wenzhou Municipal People's Congress and the government for many times on the issue of the protection and management system of the ecological park, and solicited opinions from relevant departments of Wenzhou City, "two districts and one city" and relevant provincial departments. On this basis, after expert argumentation and several revisions, and after deliberation and approval by the plenary session of our Committee, the current draft regulations were formed.
2、 The guiding ideology and general idea of drafting regulations
The draft regulations, based on the Constitution and relevant laws and regulations, aim to fully implement the scientific concept of development and strive to build a harmonious society, set out from the requirements of maintaining ecological balance, protecting ecological functions, and ensuring ecological security, adhere to the principles of scientific planning, effective protection, unified management, and sustainable use, and both strengthen the protection of ecological environment and resources in Wenzhou Ecological Park, And promote its sustainable, healthy and orderly development. Based on this guiding ideology, the general idea of its legislation is: first, to clarify the management system. Starting from the requirements of both mobilizing "two initiatives" (the Ecological Park Management Committee and Wenzhou City, "two districts and one city" and relevant functional departments) and facilitating unified management, Wenzhou Municipal People's Government shall establish the Wenzhou Ecological Park Management Committee, which shall exercise the protection, construction and management functions and powers of the Ecological Park according to the authorization or commission. The second is to ensure correct positioning. The legislative orientation is to protect the ecological function, reasonably develop and utilize various resources of Wenzhou Ecological Park, correctly handle the relationship between protection and utilization, and make the bill truly reflect the spirit of the scientific outlook on development. Third, highlight local characteristics. Under the principle of maintaining the unity of the national legal system, further clarify the relationship with the superior law, highlight the particularity of the protection and management of Wenzhou Ecological Park, and make targeted provisions, so that the draft regulations better meet the actual needs of the protection and management of Wenzhou Ecological Park.
3、 Explanations on Several Main Issues of the Bill
（1） About the name of the bill. In the legislative plan of the Standing Committee of the Provincial People's Congress, the name of the regulation is "Zhejiang Wenzhou Ecological Park Management Regulations". During the consultation, some departments in Wenzhou City proposed that the protection of ecological environment and resources in Wenzhou Ecological Park should be done well, not only as a management issue, but more importantly as a protection issue. The purpose of management is to better protect, which is also the original intention of legislation. The legislative orientation should focus on protection. If the management is not based on the goal of protection, it will be difficult to recover once the Wenzhou Ecological Park is damaged. We believe that these views are very correct. According to the original intention of the legislation and the contents specified in the draft regulations, the name of the regulation is changed to the Regulations on the Protection and Management of Wenzhou Ecological Park in Zhejiang Province.
（2） On the protection and management system of ecological parks. The protection and management system of Wenzhou Ecological Park is the most important issue to be solved by the regulations. In view of the current reality that Wenzhou Eco Park crosses administrative regions and has many departmental constraints, and taking into account the existing management system and the importance and feasibility of the protection and construction of the Eco Park, Article 6 of the draft regulation stipulates in principle the establishment and powers of the Eco Park Management Committee, that is, Wenzhou Municipal People's Government establishes the Wenzhou Eco Park Management Committee, which is responsible for the planning The protection, construction and management work shall exercise the following functions and powers in accordance with the law: First, the management functions and powers directly exercised by laws and regulations. The Management Committee shall "organize the preparation of detailed plans and annual plans for the protection and protective development and utilization of ecological resources in the ecological park area according to the overall plan of the ecological park, and submit them to the Wenzhou Municipal People's Government for approval before implementation"; Second, the authority to authorize and entrust management. According to the actual needs of the protection, construction and management of the ecological park, the management committee shall exercise "the powers granted by the Wenzhou Municipal People's Government" and "the management powers entrusted by the Longwan District, Ouhai District, Rui'an Municipal People's Government and relevant functional departments"; Third, the authority to supervise and coordinate management. The management committee "supervises and coordinates the planning, protection, construction and management of the ecological park by the relevant functional departments". The dispatched offices of the functional departments of Wenzhou Municipal People's Government in the ecological park are under the dual leadership of the dispatched competent department and the ecological park management committee. The dispatched offices of the national and provincial vertical management departments in the ecological park should support and cooperate with the ecological park management committee in its work. Other matters not stipulated shall still be managed according to the current system.
（3） On the leading role of planning. In order to ensure the effective management of the protection of Wenzhou Ecological Park, the draft regulations strengthen the management model led by planning. First, the bill clearly stipulates the legal status of planning to reflect the leading role of planning. The first paragraph of Article 9 of the draft regulation stipulates that "the overall planning of the ecological park is the basic basis for the planning, protection, construction and management of the ecological park, and all units and individuals must strictly implement it". Secondly, the bill makes special provisions on the preparation and approval procedures of planning to enhance the authority of planning. The second paragraph of Article 9 and Article 11 of the draft regulations stipulate that "the overall plan of ecological harmony shall be prepared by Wenzhou Municipal People's Government and submitted to the Standing Committee of Wenzhou Municipal People's Congress for deliberation and approval". "The detailed planning and special planning of the ecological park shall be organized and prepared by the Ecological Park Management Committee according to the overall planning of the ecological park, reported to the Wenzhou Municipal People's Government for approval and implementation, and reported to the Standing Committee of the Wenzhou Municipal People's Congress for the record. Among them, the planning of scenic spots shall be coordinated with the overall planning of the ecological park, and reported for approval in accordance with the Regulations of Zhejiang Province on the Administration of Scenic Spots". Finally, Articles 10 and 12 of the draft regulations respectively stipulate the principles of planning compilation and the system of soliciting opinions to ensure the scientificity and rationality of planning compilation.
（4） On the compensation and resettlement of collective land housing demolition and ecological compensation. According to the overall planning of the ecological park, it is necessary to demolish some rural residents' houses in the ecological park. However, there are still no clear provisions on the compensation and resettlement of collective land housing demolition in the current laws and regulations, which has brought many problems. Therefore, in order to protect the legitimate rights and interests of rural residents, and in consideration of the connection with the relevant national and provincial laws and regulations, the second paragraph of Article 16 of the draft regulation stipulates that: "If the implementation of planning requires the demolition of houses on collective land in the ecological park, the legitimate rights and interests of rural residents shall be protected. The compensation and resettlement measures for demolition shall be formulated by Wenzhou Municipal People's Government and implemented after being reviewed and approved by the Standing Committee of Wenzhou Municipal People's Congress. If there are national and provincial regulations, they shall be implemented ". In addition, in the protection and construction of Wenzhou Ecological Park, in order to make compensation for the interests of local people, Article 24 of the bill stipulates in principle that "Wenzhou Municipal People's Government shall set up a special fund for ecological compensation of the ecological park, and the specific methods for raising, using and managing it shall be formulated by Wenzhou Municipal People's Government."
（5） On the protection of cultural heritage. In addition to some existing material and cultural heritage, there are many ancient villages abandoned on Daluo Mountain in Wenzhou Ecological Park, which is very necessary to be protected. However, because these ancient villages are not cultural relics at present, they are not protected by the existing laws and regulations on cultural relics. In order to protect them, the first paragraph of Article 21 of the bill stipulates: "Buildings (structures), ruins, sites, etc. within the ecological park that are not listed in the protection of cultural relics but have certain historical, scientific and artistic values shall be listed in the protection list of the ecological park and publicized. They shall be strictly protected and shall not be damaged, removed or dismantled without authorization".
Wenzhou Ecological Park is also rich in intangible cultural heritage, such as "singing in the south". Due to the influence of modern western culture and lifestyle, the local local folk customs, folk art and other intangible cultural heritage are in danger of loss. Intangible cultural heritage, like tangible cultural heritage, has the same important historical, scientific and artistic value, but there is no legal basis for its protection at present. In this case, it is necessary to enact local regulations to protect it. For this reason, the second paragraph of Article 21 of the bill stipulates that "relevant departments shall take measures to protect local intangible cultural heritage such as local folk customs and folk arts".
Part 9: Model Regulations on the Management of Nature Reserves
Key words: scenic spots; laws and regulations; Application; Case;
CLC No.: TU986 Document identification code: A
1、 Definition of scenic spots
According to the Regulations on Scenic Spots in China, "Scenic spots referred to in these Regulations refer to areas with ornamental, cultural or scientific values, concentrated natural and cultural landscapes, beautiful environment, and available for people to visit or carry out scientific and cultural activities [1]."
2、 Legislative Status of Scenic Spots Abroad
Foreign countries do not use the name "scenic spot", but call it a national park or nature reserve. Therefore, there is no independent Scenic Area Law abroad. There are three forms of legislative protection for scenic spots:
1. Bring scenic spots into the nature reserve system and formulate relevant laws on nature reserves;
2. Bring scenic spots into the national park system and formulate the National Park Law;
3. Include the relevant provisions of scenic spots in some comprehensive laws.
3、 Legislative Status of Scenic Spots in China
Although there is no real Law on Scenic Spots in China at present, there are many relevant laws and regulations, which have played an important role in protecting the resources of scenic spots and their planning and utilization. For example, the Regulations on Scenic Spots, the Measures for the Implementation of the Interim Regulations on the Administration of Scenic Spots, the Regulations on Administrative Penalties for Scenic Spots, the Regulations on the Administration of Construction of Scenic Spots, and the Environmental Hygiene Management Standards for Scenic Spots.
4、 Problems in Legal Protection and Management of Scenic Spots in China
The laws and regulations of scenic spots formulated and promulgated in China have made remarkable achievements in the protection and management of scenic spots.
1. Low legal specifications
The protection and management of scenic spots in China today are mainly based on the Provisional Regulations on the Administration of Scenic Spots issued by the State Council. However, due to the low rank of this administrative regulation, its legal effect in the implementation process is also weak, and it cannot effectively stop some excessive development activities that exploit legal loopholes, This is extremely unfavorable for the sustainable development of scenic spots. Therefore, China urgently needs a strong law and regulations.
2. Lagging legislative action
During the initial implementation of the Provisional Regulations on the Administration of Scenic Spots, China's scenic spots have indeed been effectively protected and managed. However, with the continuous development of social economy, the current situation of the protection and management of scenic spots is also changing with each passing day. However, the Interim Regulations on the Administration of Scenic Spots are still in the interim stage, and the formal legislation of scenic spots has not been promulgated, leading to more and more common behaviors of handling affairs with more laws in China. The current laws and regulations related to scenic spots in China lag behind and lack authority, which has become a prominent problem to be solved urgently.
Chaotic management system
The management organization of scenic spots in China is mainly the local government, while the supervision and management are in the charge of the central and higher authorities. Although this can solve the problem of differences caused by China's vast territory, and mobilize the enthusiasm of all aspects. However, due to the lack of effective supervision, local governments act independently and blindly pursue economic benefits and local interests, making decisions that are not conducive to the healthy development of scenic spots. In addition, because the scenic spots are rich in resources and extensive in content, involving tourism, forestry, urban construction and other departments, while the responsibilities of each department are unclear and the subordination relationship is complex, there will be multiple management problems, leading to low management efficiency of scenic spots.
The scenic spot planning is out of control
The system of scenic spots is huge, involving all aspects, and its planning must be comprehensive and unified. However, it is difficult to plan and construct scenic spots in a unified way due to the decentralized management of scenic spots in China. However, at the planning level of a single scenic spot, due to the lack of necessary investigation and research on the current situation, value, scope, capacity and other aspects of the scenic spot itself, there is a lack of integrity, authenticity and coordination with the surrounding environment in the implementation of the planning. In addition, there is a lack of design units specialized in planning scenic spots in China. The current scenic spot planning is subject to urban planning and cannot meet the specific needs of scenic spots, leading to the emergence of nondescript scenic spots.
5、 Suggestions on Perfecting the Legal Protection and Management of Scenic Spots in China
China has a vast land and abundant resources of scenic spots, so we need to improve the law in the face of such a huge system of scenic spots. Therefore, for the above legal protection and management of scenic spots, we put forward the following suggestions:
1. Improve the legal system
Perfecting the legal system of scenic spot management in China and establishing effective management systems and regulations play a vital role in strengthening the legal protection and management of scenic spots. To protect the resources of scenic spots and realize their sustainable development, the key lies in a sound policy and legal system. Establish restrictive policies for behaviors threatening the development of scenic spots; Establish incentive policies for behaviors conducive to their protection activities. Coordinate the development of scenic spots and regional economic development, so that the management and protection of scenic spots can be in accordance with laws, and relevant law enforcement departments can act in accordance with laws, so as to achieve the sustainable development of scenic spots and effectively play the comprehensive benefits of scenic spots.
2. Improve management system
The design and arrangement of the management system of scenic spots should be mechanistic. According to the current situation of scenic resources, it should coordinate the checks and balances among the relevant stakeholders, and coordinate the relationship between the protection and utilization of scenic resources. Therefore, it is particularly important to improve the management system of scenic spots. The scenic spot should set up a unified management organization and clarify its nature and responsibilities, as well as the authority of different types of regional management organizations; Under the State Council, establish a comprehensive coordination mechanism, uniformly plan and coordinate the construction and management of scenic spots, strengthen the contact between various departments, reduce friction, and realize the unified management of scenic spots; Establish a supervision system for the management of scenic spots, designate evaluation standards and systems for the management of scenic spots to evaluate the Bank of Beijing, and give citizens certain participation rights to jointly supervise the management of scenic spots by using news media.
Strengthen scenic area planning
The current planning of scenic spots in China has been formed for a long time, which is no longer applicable to the current situation of scenic spots. The understanding and grasp of the sustainable use of resources and natural landscape elements are also relatively lacking, and it needs to be revised according to the new situation and requirements. Therefore, our country should establish a special planning organization in accordance with the law to take charge of the planning of scenic spots, including experts in landscape, architecture, ecology, urban planning and other aspects to plan and cooperate with each other. The plan formulated must coordinate the development of various undertakings and contradictions in all aspects of the scenic spot, and must be subject to the overall planning of the region and coordinated with other relevant industrial plans. The following principles should be paid attention to when formulating the plan:
Effectively protect the non renewable and fragile scenic resources;
Coordinate the relationship between effective protection and rational utilization of scenic resources;
The scenic spots should be managed in a unified way in strict accordance with China's Planning Law;
Strictly follow the process steps of planning preparation.
Once the planning of scenic spots is reviewed and approved by the corresponding people's government, it will have legal benefits, and the relevant departments must strictly implement its contents.
6、 Conclusion
As China's scenic spots have become protected objects, relevant professional scholars have gradually realized the severe situation faced by China's scenic spots. It has become an urgent task to improve the legal system of scenic spots and the management system of scenic spots. Only in this way can the management work of the scenic spot have laws to follow and rules to follow, can the illegal acts be effectively stopped, the scenic spot can achieve healthy and sustainable development, and the resources can be reasonably recycled. With the continuous improvement of the legal system and management system of scenic spots, the protection and management of scenic spots in China will also develop in a good direction, get more public recognition, and its legal and management system will also play its due role.
reference:
[1] The State Council. Interim Regulations on the Administration of Scenic Spots [S]. 1985
[2] Wang Degen, Lu Lin, Liu Changxue. Research on Improving the Current Management System of Scenic Spots in China -- Taking Tianzhu Mountain Scenic Spot as an Example [J]. Tourism Journal, 2003, (3): 67-69
[3] Xie Ninggao. Discussion on Several Issues of National Key Scenic Spots [J]. Planner, 2003, (7)
[4] Zhang Tingzhu. On Government Regulation of Scenic Spots [J]. China Landscape Architecture, 2002, (2): 37-40
