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Part 1: Model Regulations on Nature Reserves
The 32nd Meeting of the Standing Committee of the Twelfth National People's Congress of Ningbo City deliberated and approved the Marine Ecology of Jiushan Islands in Ningbo Natural Reserve regulations 》(hereinafter referred to as the Regulations). Now, in accordance with the provisions of the Legislative Law, it is reported to the Standing Committee of the Provincial People's Congress for approval, and the following explanations are made on the relevant issues of the regulations:
1、 Necessity of making regulations
Jiushan Archipelago is located in Xiangshan County of our city, with a total area of 114950 hectares. It is rich in natural resources and typical marine ecosystem, including a variety of national key protected fish resources and bird resources, with high special protection value. On April 18, 2003, with the approval of the provincial government, a provincial marine ecological nature reserve was established in this area. However, due to the excessive development and utilization and the adverse impact of the traditional production and lifestyle of the surrounding fishermen, the marine ecological environment and biological resources of Jiushan Archipelago have been damaged to some extent. At the same time, due to the lack of special laws and regulations for the reserve, the lack of relevant management means, resulting in insufficient protection. Therefore, it is very necessary to formulate these Regulations in order to strengthen the management of Jiushan Islands Nature Reserve, protect the marine ecological environment and rare, economic and biological resources, and promote the sustainable development of marine scientific research and marine economy.
2、 Regulation making process
The Regulations of Ningbo Jiushan Islands Marine Ecological Nature Reserve is a legislative research project of the Standing Committee of the Municipal People's Congress in 2005, and the relevant units have done a lot of preliminary research work. This year, the Standing Committee of the Municipal People's Congress included the regulation in the legislative formulation project of 2006. In late July, the 31st meeting of the Standing Committee of the 12th Municipal People's Congress reviewed the regulations (draft) proposed by the Municipal People's Government. After the meeting, the Legislative Affairs Committee published the draft in full in Ningbo Daily and on the information website of Ningbo National People's Congress. It held a symposium with the participation of relevant government departments, the administrative agencies of the Reserve, the streets of the Reserve, the deputies to the National People's Congress, local villagers, fishermen, etc., and sent the draft to the relevant municipal departments, some deputies to the National People's Congress, and the legal affairs committee consultants of the Municipal People's Congress for comments, It was also submitted to the Legislative Affairs Committee of the Standing Committee of the Provincial People's Congress for consultation with the Provincial People's Congress and relevant provincial departments. On this basis, the Legislative Affairs Commission conducted a unified review of the draft and formed a revised draft. On September 28, the 32nd meeting of the Standing Committee of the 12th Municipal People's Congress deliberated and passed the regulations.
3、 Description of the main contents of the regulations
（1） The scope of the reserve and the division of the core area, buffer area and experimental area. According to the provisions of the provincial government on the establishment of the Jiushan Archipelago Provincial Marine Ecological Nature Reserve, Article 2 of the Regulations clearly stipulates the scope of the reserve with longitude and latitude lines, with a total area of 114950 hectares of land and sea areas.
According to relevant regulations, the protection zone is divided into core zone, buffer zone and experimental zone. The core zone covers an area of 5884 hectares, accounting for 5.1% of the total area of the protection zone. The buffer zone covers an area of 11375 hectares, accounting for 9.9% of the total area. The experimental zone covers an area of 97691 hectares, accounting for 85% of the total area. Article 9 of the regulations defines the scope of the three zones respectively.
（2） The competent administrative departments and specific management institutions of the Reserve. According to the relevant regulations of the State, the nature reserves shall implement a management system that combines comprehensive management with divisional management. In this regard, the first and second paragraphs of Article 4 of the Regulations clearly stipulate that "the municipal and Xiangshan County environmental protection administrative departments are responsible for the comprehensive management of the protected area, and the municipal and Xiangshan County marine administrative departments are responsible for the management of the protected area."
According to the relevant provisions of the Regulations on Nature Reserves issued by the State Council, Article 5 of the Regulations stipulates that a special management organization shall be set up in the reserve, which shall be authorized to be responsible for the specific management of the reserve, and clearly defines the relevant responsibilities.
（3） On the protection and management of protected areas. According to the characteristics of the marine ecosystem of Jiushan Archipelago Marine Ecological Nature Reserve, Article 8 of the Regulations stipulates that "the reserve focuses on protecting the biological resources and marine ecological environment such as finless porpoise, large yellow croaker, cuttlefish without needle and rare birds."
In accordance with the relevant provisions of the Regulations on Nature Reserves issued by the State Council, and in combination with the actual situation of the Jiushan Archipelago Marine Ecological Nature Reserve, the regulations focus on specific provisions on the protection and management measures of the reserve. Article 11 stipulates: "No one is allowed to enter the core area without authorization. If it is necessary for scientific research to enter the core area to engage in observation and investigation activities, an application and activity plan shall be submitted to the administrative agency of the protected area in advance and approved by the competent marine administrative department." Article 12 stipulates: "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 conducted in the buffer zone with the approval of the reserve management agency. " Article 13 stipulates that 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. Article 15 stipulates: "It is prohibited to build any production facilities in the core area and the buffer zone. It is prohibited to build productive projects in the experimental zone that pollute the environment and damage resources and landscapes. For other projects, their pollutant emissions shall not exceed the national and local standards." Article 16 stipulates that it is prohibited to conduct fishing activities in the core area and the buffer zone. 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. Article 17 stipulates that "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."
Part 2: Model Regulations on 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 Nature Reserves
The nature reserves bear the public interest of ecological security, and the purpose is to make the ecological environment necessary for the survival and development of the country in a state free from and less damaged or threatened. At present, the provisions on the protection of farmers' interests in nature reserves in the legislation of nature reserves in China are not perfect. In practice, the management of nature reserves mainly relies on the top-down administrative means of relevant competent government departments to force farmers to comply with the mandatory and prohibitive restrictions in the Regulations of the People's Republic of China on Nature Reserves (hereinafter referred to as the Regulations on Nature Reserves), The characteristics of government leadership are very obvious. As the rights of farmers in the nature reserves to develop natural resources are limited, the contradiction between farmers in the nature reserves and the administrative departments is deepening. The law must balance the conflict between ecological protection and farmers' interests, and realize the interaction of the interests of the two under the premise of giving priority to public interests. 1、 Conflict of interests: The restriction of public interests on farmers' private interests in the legislation of nature reserves is usually interpreted as the government's "quasi expropriation" behavior. Because, in addition to depriving private ownership based on public interests, restricted private property rights have become a new "expropriation principle", namely quasi expropriation [2]. "quasi expropriation" refers to that the government uses too much public power to restrict private real estate property rights for the purpose of public interests, which constitutes a special expropriation; As a necessary cost and special sacrifice of public interests, quasi expropriation should also give fair compensation to the expropriated. [ 3] Article 26 of the Regulations on Nature Reserves stipulates that activities such as felling, grazing, hunting, fishing, medicine picking, reclamation, burning wasteland, mining, quarrying, sand digging, etc. are prohibited in nature reserves. Articles 27 and 28 of the Regulations on Nature Reserves stipulate that no one is allowed to enter the core area of the nature reserve, and tourism and production activities are prohibited in the buffer zone of the nature reserve. It can be seen that the restriction of the regulations of nature reserves on farmers' right to the development and utilization of natural resources in nature reserves is in essence in line with the situation of quasi collection. If excessive restrictions are imposed on the behavior of individual land users, the land user will suffer special sacrifice. The way to balance public interests and private interests under quasi expropriation is that while the state establishes the legal system of ecological environment compensation, the loss suffered by the land user can be compensated. [ 4) However, while restricting the private interests of farmers, the regulations of nature reserves in China do not fully consider the special sacrifices made by farmers in ecological protection and lack consideration of the legitimate rights and interests of farmers. With the establishment of nature reserves, violations of the interests of farmers in the nature reserves in the name of ecological public interests have occurred from time to time, which triggered a great resistance of farmers to the establishment of nature reserves. Specifically, on the one hand, the establishment of nature reserves by the government has greatly restricted the free lifestyle and economic development behavior of farmers in the reserves, and legally deprived them of the right to use and develop land and other natural resources. On the other hand, due to the serious shortage of ecological compensation given by the government to local farmers, the government did not organize ecological migration of farmers in the nature reserve, and the labor force did not transfer to other industries, so many farmers in the core area and buffer zone basically did not stop the agricultural, mining, and animal husbandry development activities in the original area. Illegal activities such as felling trees and grazing by farmers and enterprises that damage nature reserves frequently occur. Unilateral implementation of ecological control by the government without ecological compensation for farmers in the reserve has produced negative consequences of anti ecological protection. [ 5] II. Balance of private interests: interpretation of the legitimacy of farmers' interest demands in nature reserves According to the externality theory, public goods will have externalities in their supply and consumption process. When the benefits generated by the actor are shared by others, this externality is positive externality. When the cost caused by a person's behavior is borne by someone other than the actor, this kind of externality is negative externality. As a public product, the ecological environment loaded by nature reserves has obvious external effects. On the one hand, the positive externalities of the establishment of nature reserves are as follows: the behavior of farmers in nature reserves to provide ecological products such as planting trees plays an important role in water conservation, water and soil conservation and ecological balance conservation, creating great ecological benefits for the whole region and even the whole country. On the other hand, the negative externalities of establishing nature reserves are as follows: according to the provisions of the Regulations on Nature Reserves in China, the purpose of setting up natural resource reserves is to restrict and prohibit artificial activities and development activities, especially economic activities, in nature reserves by setting up core areas, buffer zones and experimental zones, Priority shall be given to the protection of ecological functions in nature reserves. It can be seen that nature reserves sacrifice the dependence of local community farmers on the original resources and environment and normal development opportunities. Obtaining positive externalities brings negative externalities, and reducing or compensating negative externalities can maximize the benefits of the nature reserve system. To eliminate or reduce negative externalities, the first choice is to give property rights to public goods. On this basis, property rights regulation mainly protects people's property rights from infringement by implementing certain legal systems; At the same time, the supervisors exercise property rights according to certain rules, and coordinate and resolve the contradictions and conflicts in the process of exercising property rights. Due to the existence of negative externalities, the institutional allocation of land resources in the Reserve results in an increase in public interests, while the other part of people, namely land rights holders, is damaged. Therefore, some interests should be transferred from the proceeds of public interests, and compensation should be made to land users who obtain negative externalities. The principle of interest filling is to recover the part of public benefits of individuals in land use, and compensate the part of personal benefits less than social benefits, so as to achieve a balance between public and private benefits. [ 6) The excessive restrictions imposed by the state on the land use right of nature reserves to protect the ecological environment should be compensated reasonably to internalize the external effects of ecological protection and ensure the effective supply of ecological products. Therefore, the government should fully compensate farmers in nature reserves for their property losses due to land use restrictions at fair market prices. This will not only reduce farmers' impulse to destroy nature reserves, but also encourage land use behavior to comply with the legal provisions of ecological protection in nature reserves. 3、 The way to balance interests: the choice of the system to protect the legitimate rights of farmers in nature reserves 1. the transformation of the legislative concept of nature reserves. the maintenance of nature reserves is a long-term and arduous task. Practice has proved that it is not enough to rely solely on the coercive force of the government. In the process of construction and maintenance of nature reserves, the positioning of the government can only play a guiding role rather than an administrative force or order role. Through the incentive mechanism of interest induction, countries all over the world make farmers' construction and maintenance of nature reserves become a self acting behavior. Voluntary ecological protection agreements cost much less than the government's mandatory regulation, and the effect of ecological protection will be more lasting. Article 8 of the German Federal Law on Nature Conservation and Landscape Planning stipulates that federal legislation should ensure that before implementing the provisions of this Law, it should review whether these objectives can also be achieved by contract or agreement. [ 7) The "stakeholder cooperative ecological protection", "cooperative ecological protection" and "public participation in ecosystem management" adopted by European and American countries have long become alternative dispute resolution methods to resolve conflicts in various nature reserves. These alternative dispute resolution methods help to reach consensus among groups representing different interests, thus reducing conflicts between the government and farmers in nature reserves, and are more effective than mandatory and confrontational ecological management methods in implementing ecological protection. The legislation of nature reserves in China should also be in line with international standards, and the concept of ecological protection legislation should be changed from instruction, coercion and punishment to consultation, cooperation and communication# P # Page title # e # 2. The institutional structure of the protection of farmers' legal rights in natural reserves. According to the provisions of the Regulations on Natural Reserves, the management organization of natural reserves or the administrative department of the natural reserves should organize the preparation of the construction plan of natural reserves, incorporate it into the national, local or departmental investment plan according to the prescribed procedures, and organize the implementation. Due to the large demand for funds for the construction of nature reserves and the uneven financial per capita revenue of the local government where the nature reserves are located, the local government should determine the setting of nature reserves and the extent of land restrictions according to the financial supply capacity of public goods, and the governments at all levels of the nature reserves should choose which land needs more ecological protection in the form of nature reserves balance; Different types of nature reserves shall be treated differently. Because different lands in nature reserves have different ecological functions, and the ecological value and economic value of development of each piece of land are different. According to the availability of land resources and the ecological value of land, China's current Regulations on Nature Reserves regulate the land in nature reserves by categories: the first type is the land type that prohibits human activities - core area, the second type is the regional type that restricts human activities - buffer area, and the third type is the land type that people live in harmony with nature - zone. The author suggests that the land use planning of nature reserves should give full play to the economic functions of the land in nature reserves to gradually improve and enhance the living standards of farmers in nature reserves. The optimal area of nature reserves and the appropriate proportion of the above three types of land should be determined according to the financial capacity of the government, the characteristics of the protected objects and the types of ecosystems. The legislation of nature reserves should minimize the establishment of nature reserves that prohibit human activities, and increase the proportion of the third type of areas. This not only alleviates the financial pressure and burden of the state and local governments, but also alleviates the contradiction between the survival and development of farmers and the establishment of nature reserves. According to the Regulations on Nature Reserves, 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. In view of the lack of a normal and stable financial input mechanism for the construction, protection and management of nature reserves in China, the author suggests setting up an ecological compensation fund for nature reserves. The ecological compensation fund mainly comes from the following channels: First, clearly distinguish the ecological compensation responsibilities of the central government and local governments. Most of the funds for the construction of national nature reserves should be allocated by the central government and supplemented by the local government. The construction funds for local nature reserves shall be allocated by the provincial government, or may be supplemented by the financial allocation of the central government to make up for the shortage of construction funds for nature reserves. Secondly, actively strive for international assistance and social donations to establish the Natural Reserve Foundation. Finally, collect social idle funds by issuing ecological lottery tickets, and put some of them into the ecological protection fund. The financial investment in nature reserves is mainly used for ecological compensation, resettlement fees and biodiversity protection fees given by farmers as the right holders of collective use of natural resources due to restrictions on the usufruct of natural resources in nature reserves. While the government gives farmers whose legal rights have been affected appropriate economic compensation, farmers should also bear the legal obligation to limit development activities and take necessary measures to transform the economy and industry. According to the Regulations on Nature Reserves, no units or individuals are allowed to enter the core area of the nature reserve, no production facilities are allowed to be built, and no scientific research activities are allowed except with legal approval; In determining the scope and boundaries of nature reserves, consideration should be given to the integrity and appropriateness of the protected objects, as well as the needs of local economic construction and farmers' production and life. Therefore, to achieve the legislative purpose of ecological protection, the local government will conduct ecological migration to farmers in the core area of the nature reserve. First of all, ecological migration should be planned. The plan should include the objectives, objects, measures, tasks, implementation stages and other contents of the implementation, which should be implemented by the relevant departments after careful demonstration. Secondly, through relevant legislation, the rights of compensation, residence, development, supervision, right to know, right to participate in immigration affairs, right to appeal and relief, right to social security and other rights derived from the migration of ecological migrants are guaranteed. The ecological protection of nature reserves depends solely on the government's land expropriation of nature reserves, which is costly. Practice has proved that the mechanism of the United States and the United Kingdom that do not need direct land acquisition can encourage and ensure the enthusiasm of farmers in nature reserves for ecological protection. By setting up ecological easements and voluntary ecological protection projects, the United States has not only increased the participation rate of land users in ecological protection in nature reserves, but also greatly reduced the government's compensation expenditure. The legislation of nature reserves in Britain follows the "voluntary principle" as the guiding ideology, and restricts the latter's land use behavior by signing a "management contract" with the relevant land users to establish public easement. There are similarities and differences between the two countries: the use of non expropriation measures can solve the limitations of rigid measures of land use control, reduce the conflict between the right of control and property rights holders, and give full play to the enthusiasm of land users in the maintenance of nature reserves. The local government of nature reserves can learn from the mature legislative experience of nature reserves in Britain and the United States, and fully mobilize the enthusiasm of the collective, farmers and society to participate in ecological protection. According to Article 9 of the Regulations on Nature Reserves, the people's government will reward units and individuals who have made outstanding achievements in the construction and management of nature reserves and in relevant scientific research. The nature reserve area will implement the system of "one case, one discussion" award and compensation and labor instead of capital. The "two committees" of the village are responsible for the specific organization and implementation. In accordance with the principle of "the nature remains unchanged, the channels are not disordered, the management is separate, and the merits of each are recorded", a variety of special funds for ecological protection are used together, arranged in an overall way, and invested in a centralized way to promote the optimal allocation of public resources. [ 8) To fully mobilize the enthusiasm of farmers to provide ecological products through the masses' investment in labor, government incentives and subsidies, social donation support, and technical guidance provided by relevant departments. At the same time, the government can also make full use of contract negotiation to manage the nature reserve, that is, before the establishment of the nature reserve, the management department should negotiate with farmers on land use restrictions and use forms, and require the land use right owner to operate the land in a way that meets the requirements of ecological protection. After reaching consensus on the contract, both parties shall sign a binding administrative "management agreement". The agreement can enable the land owners and users in the Reserve to consciously perform the legal obligations of the ecology of the Reserve.
Part 4: Model Regulations on Nature Reserves
1. Departments for comprehensive treatment, prevention and handling of heresy issues: focus on publicizing and popularizing the autonomous region's regulations on comprehensive management of social security and anti heresy laws and regulations.
2. Development and Reform Department: focus on publicizing and popularizing laws and regulations on macro-control, circular economy promotion law, cleaner production promotion law, energy conservation law, price law, anti-monopoly law, autonomous region development planning regulations and other laws and regulations.
3. Economic and Information (Industry and Information) Department: focus on promoting and popularizing the Electricity Law, the Law on Promotion of Small and Medium sized Enterprises, the Law on Energy Conservation, the Law on Promotion of Clean Production, the Regulations on Registration and Management of Social Organizations, the Regulations on Radio Management, the Regulations on Pesticide Management, the Regulations on Management of Monitored Chemicals, the Regulations on Safety Management of Civil Explosives, the Regulations on Promotion of Informatization in the Autonomous Region, and the laws and regulations on industrial management.
4. Ethnic Affairs Department: Focus on publicizing and popularizing laws and regulations such as the Law on Regional Ethnic Autonomy, the Regulations on Religious Affairs, the Regulations on Religious Affairs of Autonomous Regions, the Regulations on Ethnic Unity and Progress in Autonomous Regions, the Administrative Regulations on Religious Activities of Foreigners in China, and the Implementation Rules.
5. State owned Assets Department: focus on publicizing and popularizing laws and regulations such as the Law on the State owned Assets of Enterprises and the Interim Regulations on the Supervision and Administration of State owned Assets of Enterprises.
6. Education department: focus on publicizing laws and regulations such as the Law on Universal Education, the Law on Compulsory Education, the Law on Teachers, the Law on Vocational Education, and the Regulations on Education Supervision.
7. Science and technology (intellectual property) department: focus on publicizing laws and regulations such as the Law on Science and Technology Progress, the Law on Promoting the Transformation of Scientific and Technological Achievements, the Law on Science and Technology Popularization, the Patent Law, the detailed rules for the implementation of the Patent Law, the Regulations on Science and Technology Progress of the Autonomous Region, and the Regulations on Science and Technology Popularization of the Autonomous Region.
8. Public security department: focus on publicizing and popularizing criminal law, anti-terrorism law, public security management punishment law, resident ID card law, gun control law, exit and entry management law, road traffic safety law, assembly, demonstration law, drug law, fire law, security service management regulations, civil explosives safety management regulations, precursor chemicals management regulations Computer information system security protection regulations and other laws and regulations.
9. Security department: focus on publicizing and popularizing national security law, anti espionage law and other laws and regulations.
10. Civil affairs department: focus on publicizing and popularizing the Organic Law of Villagers' Committees, the Organic Law of Urban Residents' Committees, the Marriage Law, the Adoption Law, the Charity Law, the Law on the Protection of the Rights and Interests of the Elderly, the Public Welfare Donation Law, the Military Service Law, the Regulations on the Registration and Management of Social Organizations, the Regulations on Funeral and Funeral Management, the Regulations on the Praise of Martyrs, the Regulations on the Registration and Management of Civilian run Non enterprise Units, the Regulations on the Provision of Five Guarantees in Rural Regulations on Natural Disaster Relief, Regulations on the Administration of Geographical Names, Regulations on the Pension and Preferential Treatment of Servicemen, Regulations on the Administration of Foundations, Regulations on the Resettlement of Retired Soldiers, Regulations on the Administration of Administrative Divisions, Interim Measures for Social Assistance, Measures for the Implementation of the Administration of Funeral Activities in the Autonomous Region, Measures for the Publicity of Village Affairs in the Autonomous Region, Interim Measures for the Administration of the Reserve of Disaster Relief Materials at the Autonomous Region Level, Measures for the Administration of Elderly Care Institutions Laws and regulations such as the Interim Measures of the Autonomous Region for Temporary Assistance to Urban and Rural People in Need.
11. Judicial administration department: focus on publicizing and popularizing laws and regulations such as the Constitution, the Lawyer Law, the Notarization Law, the People's Mediation Law, the Prison Law, the Drug Control Law, the Legal Aid Regulations, and the Autonomous Region's Legal Publicity and Education Regulations.
12. Financial department: focus on publicizing and popularizing laws and regulations such as budget law, accounting law and government procurement law.
13. Human resources and social security department: focus on publicizing and popularizing laws and regulations such as labor law, civil servant law, labor contract law, employment promotion law, labor dispute mediation and arbitration law, social insurance law, unemployment insurance regulations, industrial injury insurance regulations, labor security supervision regulations, employees' paid annual leave regulations, personnel management regulations of public institutions, etc.
14. Land and resources department: focus on publicizing and popularizing laws and regulations such as the Land Administration Law, the Mineral Resources Law, the Surveying and Mapping Law, the Implementation Regulations of the Land Administration Law, the Regulations on the Protection of Basic Farmland, the Administrative Measures for the Registration of Mineral Resources Development, the Administrative Regulations on Mineral Resources in the Autonomous Region, and the Measures for the Implementation of the Land Administration Law in the Autonomous Region.
15. Environmental protection departments: focus on publicizing and popularizing the Environmental Protection Law, the Environmental Impact Assessment Law, the Water Pollution Prevention Law, the Air Pollution Prevention Law, the Solid Waste Pollution Prevention Law, the Radioactive Pollution Prevention Law, the Environmental Noise Pollution Prevention Law, the Clean Production Promotion Law, the Autonomous Region Coal, Oil and Gas Development Environmental Protection Regulations, the Autonomous Region Nature Reserve Management Regulations The autonomous region's measures for prevention and control of environmental pollution by hazardous waste, the autonomous region's measures for environmental management of petroleum exploration and development, and other laws and regulations.
16. Urban and rural housing construction department: focus on publicizing and popularizing laws and regulations such as property law, construction law, urban real estate management law, urban and rural planning law, property management regulations, construction project safety production management regulations, construction project quality management regulations, urban real estate development and operation management regulations, and urban housing ownership registration regulations in autonomous regions.
17. Transportation department: focus on publicizing and popularizing laws and regulations such as highway law, waterway law, road transportation regulations, inland river traffic safety management regulations, domestic waterway transportation management regulations, highway safety protection regulations, toll road management regulations, etc.
18. Water conservancy department: focus on publicizing and popularizing water law, flood control law, water and soil conservation law, water intake permit and water resource fee collection management regulations, reservoir and dam safety management regulations, flood control regulations, river channel management regulations, Tarim river water resources management regulations of the autonomous region, groundwater resources management regulations of the autonomous region, implementation measures of the autonomous region's river sand mining permit system Autonomous Region Hydrological Management Measures, Autonomous Region Water Conservancy Project Management and Protection Measures and other laws and regulations.
19. Agricultural sector: focus on popularizing laws and regulations such as the Agricultural Law, Fisheries Law, Agricultural Technology Promotion Law, Seed Law, Rural Land Contract Law, Agricultural Product Quality Safety Law, Rural Land Contract Management Dispute Mediation and Arbitration Law, Farmer Professional Cooperative Law, Agricultural Mechanization Promotion Law, Basic Farmland Protection Regulations, Plant Quarantine Regulations, Pesticide Management Regulations, etc.
20. Forestry department: focus on publicizing and popularizing the Forest Law and its implementation regulations, the Wildlife Protection Law and the terrestrial wildlife protection implementation regulations, the Seed Law, the Sand Prevention and Control Law, the Natural Reserve Regulations, the Wildlife Protection Regulations, the Forest Disease and Insect Pest Prevention Regulations, the Plant New Variety Protection Regulations, the Forest Fire Prevention Regulations, the Plant Quarantine Regulations, the Grain for Green Regulations Autonomous Region Wild Plant Protection Ordinance, Autonomous Region Wetland Protection Ordinance, Autonomous Region Plain Natural Forest Protection Ordinance, Autonomous Region Obligatory Tree Planting Ordinance and other laws and regulations.
21. Animal husbandry department: focus on publicizing and popularizing the grassland law, wildlife protection law, animal husbandry law, animal epidemic prevention law, breeding livestock and poultry management regulations, feed and feed additive management regulations, grassland fire prevention regulations, dairy quality and safety supervision and management regulations, autonomous region dairy regulations and other laws and regulations.
22. Commerce department: focus on publicizing and popularizing the Foreign Trade Law, the Law on Chinese Foreign Equity Joint Ventures, the Law on Chinese Foreign Contractual Joint Ventures, the Law on Foreign funded Enterprises, the Auction Law, the Anti monopoly Law, the Administrative Regulations on Commercial Franchising, the Administrative Regulations on Foreign Contracted Projects, the Administrative Regulations on Foreign Labor Cooperation, the Anti dumping Regulations, the Anti subsidy Regulations, the Administrative Regulations on Direct Marketing Regulations on the Administration of Technology Import and Export and other laws and regulations.
23. Culture department: focus on publicizing and popularizing laws and regulations such as the Law on the Protection of Cultural Relics and the Implementation Regulations, the Law on the Protection of Intangible Cultural Heritage, the Regulations on the Administration of Entertainment Places, the Regulations on the Administration of Commercial Performances, the Regulations on the Administration of Internet Service Business Places, and the Regulations on Public Cultural and Sports Facilities;
24. Health and family planning departments: focus on publicizing and popularizing the Law on Medical Practitioners, the Law on the Prevention and Control of Infectious Diseases, the Law on Maternal and Infant Health Care, the Law on Blood Donation, the Law on the Prevention and Control of Occupational Diseases, the Law on Mental Health, the Regulations on Traditional Chinese Medicine, the Regulations on the Administration of Health in Public Places, the Regulations on the Administration of Medical Institutions, the Regulations on the Handling of Medical Accidents, the Regulations on the Emergency Response to Public Health Emergencies, the Regulations on the Prevention and Nurse Regulations, Population and Family Planning Law, Floating Population Family Planning Work Regulations, Family Planning Technical Service Management Regulations and other laws and regulations.
25. Foreign and Overseas Chinese Affairs Department: focus on publicizing and popularizing laws and regulations such as the Passport Law, the Law on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family Members of Overseas Chinese, and the Law on the Administration of Exit and Entry.
26. Audit department: focus on publicizing and popularizing laws and regulations such as the Audit Law, Budget Law, Accounting Law, Regulations on the Implementation of the Audit Law, and Regulations on the Punishment and Punishment of Illegal Financial Acts.
27. Supervision department: focus on publicizing and popularizing the revised Administrative Supervision Law, relevant implementation opinions formulated by the People's Government of the Autonomous Region, regulations on punishment of civil servants in administrative organs and other laws and regulations.
28. Tax department: focus on publicizing and popularizing the tax collection and management law, invoice management method, enterprise income tax law, individual income tax law, vehicle and vessel tax law, provisional regulations on cultivated land occupation tax, provisional regulations on urban maintenance and construction tax, provisional regulations on resource tax, provisional regulations on property tax, provisional regulations on urban land use tax, provisional regulations on land value-added tax, provisional regulations on deed tax Provisional Regulations on Stamp Tax, Provisional Regulations on Consumption Tax and other laws and regulations.
29. Industry and commerce department: focus on publicizing and popularizing the company law, contract law, partnership law, sole proprietorship enterprise law, trademark law, consumer protection law, anti unfair competition law, anti-monopoly law, advertising law, autonomous region regulations on the protection of the legitimate rights and interests of consumers and other laws and regulations.
30. Quality supervision department: focus on publicizing and popularizing laws and regulations such as product quality law, measurement law, standardization law, special equipment safety law, certification and accreditation regulations, industrial product production license management regulations, special equipment safety supervision regulations, etc.
31. Food and drug supervision department: focus on the publicity and popularization of laws and regulations such as the Food Safety Law, the Drug Administration Law, the Regulations for the Implementation of the Food Safety Law, the Regulations for the Implementation of the Drug Administration Law, the Regulations for the Administration of Narcotic Drugs and Psychotropic Substances, the Regulations for the Supervision and Administration of Medical Devices, the Regulations for the Hygiene Supervision of Cosmetics, and the Regulations for the Administration of precursor chemicals.
32. Press, Publication, Radio, Film and Television Department: focus on publicizing and popularizing laws and regulations such as the Copyright Law, the Regulations on the Protection of the Right of Information Network Communication, the Regulations on the Administration of Radio and Television, the Regulations on the Administration of Films, the Regulations on the Administration of Publishing, the Regulations on the Administration of Printing Industry, and the Measures for the Administration of Internet Information Services.
33. Sports department: focus on popularizing laws and regulations such as the Sports Law, the National Fitness Regulations and the Sports Development Regulations of the Autonomous Region.
34. Safety supervision department: focus on publicizing and popularizing laws and regulations such as the Law on Work Safety, the Law on Mine Safety, the Regulations on the Safety Management of Dangerous Chemicals, the Regulations on the Safety Management of Fireworks and Firecrackers, the Regulations on Work Safety Licenses, the Regulations on the Reporting, Investigation and Handling of Work Safety Accidents, etc.
35. Statistics department: focus on popularizing laws and regulations such as statistical law, economic census regulations, agricultural census regulations and population census regulations.
36. Tourism department: focus on publicizing and popularizing laws and regulations such as the Tourism Law, the Regulations of Travel Agencies, the Administrative Measures for Chinese Citizens to Travel Abroad, the Administrative Regulations for Tour Guides, and the Tourism Regulations of the Autonomous Region.
37. Grain sector: focus on publicizing and popularizing laws and regulations such as grain circulation regulations.
38. Civil air defense department: focus on publicizing and popularizing the civil air defense law and other laws and regulations.
39. Legal department of the government: supervise and inspect the work of administrative law enforcement departments in popularizing laws and regulations such as the Administrative Procedural Law, the Administrative Reconsideration Law, the Administrative License Law, the Administrative Punishment Law, the Administrative Compulsory Law, the Arbitration Law, and the National Compensation Law.
40. Financial management department: focus on publicizing and popularizing laws and regulations such as the People's Bank of China Law, the Commercial Bank Law, the Banking Supervision and Administration Law, the Bill Law, the Securities Law, the Anti money Laundering Law, the Insurance Law, the Foreign Exchange Administration Regulations, the Credit Information Administration Regulations, and the prevention and disposal of illegal fund-raising, anti financial fraud, etc.
41. Letters and Calls Department: focus on publicizing and popularizing laws and regulations such as Letters and Calls Regulations
42. Secrecy department: focus on publicizing and popularizing laws and regulations such as the Law on Guarding State Secrets and the Implementation Regulations.
43. Meteorological department: focus on publicizing and popularizing the meteorological law, regulations on weather modification management, and laws and regulations on the management of raising and releasing unmanned free or tethered balloons, meteorological disaster prevention and mitigation, etc.
44. Seismological departments: focus on publicizing and popularizing laws and regulations such as the Law on Earthquake Prevention and Disaster Reduction, the Regulations on Emergency Response to Destructive Earthquakes, the Regulations on the Administration of Earthquake Monitoring, the Regulations on the Administration of Seismic Safety Evaluation, and the Regulations on the Administration of Earthquake Prediction.
45. Archives Department: focus on publicizing and popularizing laws and regulations such as the Archives Law and its implementation measures.
46. Customs department: focus on publicizing and popularizing the customs law, customs rank regulations, customs affairs guarantee regulations, customs administrative punishment implementation regulations, intellectual property customs protection regulations, import and export tariff regulations, import and export goods origin regulations, customs statistics regulations, customs inspection regulations, temporary regulations on ship tonnage tax and other laws and regulations.
47. Inspection and Quarantine Department: focus on publicizing and popularizing laws and regulations such as the Import and Export Commodity Inspection Law and its implementation regulations, the Entry and Exit Animal and Plant Quarantine Law and its implementation regulations, the Frontier Health and Quarantine Law and its implementation rules, the Food Safety Law and its implementation regulations, and the Certification and Accreditation Regulations.
48. Postal administration department: focus on publicizing laws and regulations such as postal zd, autonomous region postal regulations, etc.
49. Communication management department: focus on popularizing laws and regulations such as telecommunications regulations.
50. Secret department: focus on publicizing and popularizing laws and regulations such as commercial password management regulations, commercial password product production management regulations, commercial password product sales management regulations, and commercial password product use management regulations.
51. Language competent department: focus on publicizing and popularizing laws and regulations such as the national common language law and the autonomous region's language work regulations.
Other administrative organs or organizations shall focus on publicizing the laws and regulations implemented by their own departments.
2、 The judicial department focuses on the publicity of criminal, civil, economic and administrative laws and regulations
52. People's Courts and People's Procuratorates: focus on publicizing and popularizing the criminal law, criminal procedure law, civil law (including the general principles of civil law and civil laws such as contracts, property rights, tort and inheritance) and civil procedure law, administrative procedure law, administrative enforcement law and other laws and regulations, as well as the judicial interpretation of the "two highs".
3、 People's organizations such as trade unions, the Communist Youth League, the Women's Federation, and social organizations such as the Association for Science and Technology, the Disabled Persons' Federation focus on promoting laws and regulations for the protection and promotion of rights and interests of specific social groups
53. Trade union: focus on publicizing trade union law, labor law, labor contract law, occupational disease prevention law and other laws and regulations.
54. Youth League Committee: focus on publicizing and popularizing laws and regulations such as the Law on the Protection of Minors, the Law on the Prevention of Juvenile Delinquency, and the Regulations of the Autonomous Region on the Protection of Minors.
55. Women's Federation: focus on the publicity and popularization of laws and regulations such as the Law on the Protection of Women's Rights and Interests, the Marriage Law, the Law on the Protection of Minors, and the Law on the Protection of the Rights and Interests of the Elderly.
56. Association for Science and Technology: focus on promoting laws and regulations such as science and technology popularization.
57. Disabled Persons' Federation: focus on publicizing and popularizing laws and regulations such as the Disabled Persons' Security Law.
58. The Office for the Aged: focus on promoting and popularizing laws and regulations such as the Law on the Protection of the Rights and Interests of the Elderly and the Regulations of the Autonomous Region on the Protection of the Legal Rights and Interests of the Elderly.
Part 5: Model Regulations on Nature Reserves
Regulations of Gansu Province on the Protection of Bingling Temple Grottoes
Adopted at the 33rd Meeting of the Standing Committee of the 12th Provincial People's Congress on June 8, 2017
Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on the Protection of Cultural Relics and other relevant laws and regulations, and in combination with the actual situation of the Bingling Temple Grottoes, in order to strengthen the protection and management of the Bingling Temple Grottoes, a world cultural heritage, and inherit and promote the outstanding historical culture of the Chinese nation.
Article 2 These Regulations shall apply to the protection and management of the Bingling Temple Grottoes.
Article 3 The protection and management of the Bingling Temple Grottoes shall follow the principles of effective protection, scientific management and rational utilization, and maintain the authenticity and integrity of the Bingling Temple Grottoes and their historical features and natural environment.
Article 4 The provincial administrative department for cultural relics shall be in charge of the protection of the cultural relics of the Bingling Temple Grottoes.
The Bingling Temple Grottoes Protection and Management Organization is specifically responsible for the daily protection and management of Bingling Temple Grottoes.
Article 5 The people's government at or above the county level in the place where the Bingling Temple Grottoes are located shall incorporate the protection of the Bingling Temple Grottoes into the national economic and social development plan at the corresponding level.
The relevant departments of the people's government at or above the county level in the place where the Bingling Temple Grottoes are located shall do a good job in the protection of the Bingling Temple Grottoes within the scope of their respective duties.
Article 6 The scope of protection of Bingling Temple Grottoes is divided into key protection areas and general protection areas. Beyond the scope of protection, construction control zones can be demarcated according to the actual needs of cultural relics protection. The protection area and construction control zone shall be demarcated and announced by the provincial people's government.
Protection signs and boundary markers shall be set up in the protection area and construction control zone, and no unit or individual may move or damage them without authorization.
Article 7 Objects to be protected in Bingling Temple Grottoes:
（1） The historical style and natural environment of Bingling Temple Grottoes as a whole;
（2） Cave buildings, wooden structures in front of caves, temple buildings, ancient pagodas, steles and other relics;
（3） Murals, statues, inscriptions and other parts constituting the whole grotto niche;
（4） Cultural relics and other important materials;
（5） Underground and underwater cultural relics;
（6） Other objects that should be protected according to law.
Article 8 The people's government at or above the county level in the place where the Bingling Temple Grottoes are located shall formulate emergency plans for the prevention of natural disasters such as earthquakes, rainstorm, mountain torrents, mud rock flows, etc. within the protection area of the Bingling Temple Grottoes.
The relevant departments of the people's government at or above the county level in the place where the Bingling Temple Grottoes are located and the Bingling Temple Grottoes Protection and Administration Agency shall, in accordance with their respective duties, do a good job in implementing the emergency plan.
Article 9 The Binglingsi Grottoes Protection and Administration Agency shall establish a monitoring and early warning system for the safety of cultural relics, natural disasters, the flow of people, the environment, water bodies, biological hazards, etc., strengthen the monitoring of cultural relics, and take emergency measures when finding abnormalities or dangerous factors.
Article 10 The Bingling Temple Grottoes Protection and Administration Institution shall, in accordance with the relevant provisions of the State, establish and improve the management system, and equip facilities for theft prevention, fire prevention, lightning protection, water damage prevention, biological hazards prevention, etc. to ensure the safety of cultural relics.
Article 11 The Bingling Temple Grottoes are State owned immovable cultural relics, which shall not be transferred, mortgaged, leased, or operated as enterprise assets. Any change in the use of the Bingling Temple Grottoes shall be reported by the provincial people's government to the State Council for approval.
Article 12 The following activities are prohibited in the Bingling Temple Grottoes Key Protection Zone:
（1） Mountain blasting, drilling, excavation, sand mining, stone quarrying, soil borrowing and other activities that may change the topography;
（2） Unauthorized occupation or destruction of river systems and roads;
（3） Grazing, felling trees and destroying vegetation;
（4） Carrying, transporting, abandoning or storing inflammable, explosive, highly toxic or radioactive materials;
（5） Camping, rock climbing, picnicking, burning leaves, weeds and garbage;
（6） Post, scribble, carve, climb and climb on cultural relics, buildings, structures, protective facilities and tourism infrastructure;
（7） Other activities that damage or destroy historical features, natural environment and cultural relics.
Article 13 No construction project shall be carried out in the Bingling Temple Grottoes Key Protection Zone; Within the general protection zone of Bingling Temple Grottoes, no project unrelated to the protection of cultural relics may be constructed. If, under special circumstances, it is necessary to carry out construction projects or blasting, drilling, excavation and other operations within the protection area of the Bingling Temple Grottoes, approval must be obtained from the provincial people's government, and prior to approval, consent must be obtained from the administrative department for cultural relics under the State Council.
Article 14 Construction projects carried out within the construction control zone of the Bingling Temple Grottoes shall not damage their historical features; The project design scheme shall be submitted to the urban and rural construction planning department for approval after being approved by the corresponding administrative department for cultural relics.
For large-scale capital construction projects in the construction control zone, the construction unit shall report to the provincial cultural relics administrative department in advance to organize the units engaged in archaeological excavation to carry out archaeological investigation and exploration in places where cultural relics may be buried within the scope of the project. If cultural relics are found, the administrative department for cultural relics at the provincial level shall, in accordance with the requirements for the protection of cultural relics, work together with the construction unit to agree on protective measures. In case of major discoveries, the administrative department for cultural relics at the provincial level shall promptly report to the administrative department for cultural relics under the State Council for handling.
Article 15 Within the scope of protection and the construction control zone, no facilities that pollute the Bingling Temple Grottoes and the environment shall be built, no activities that may affect safety and the environment shall be carried out, and those that have caused pollution shall be treated within a time limit.
Article 16 The Bingling Temple Grottoes Protection and Administration Agency shall, according to the needs of protection and administration, delimit the no shooting areas and set up signs.
The reproduction and rubbing of cultural relics in Bingling Temple Grottoes shall be reported for approval in accordance with relevant regulations.
Article 17 Units and individuals engaged in business activities in the Bingling Temple Grottoes Key Protection Zone shall be subject to the management of the Bingling Temple Grottoes Protection and Administration Agency and operate in the designated areas.
Article 18 No new sites for religious activities shall be established in the key protection area of Bingling Temple Grottoes, and the existing sites for religious activities shall not be expanded. Religious activities shall be carried out in accordance with the relevant provisions on the protection of cultural relics.
Article 19 The utilization of Binglingsi Grottoes shall be public welfare first, sustainable, reasonable and appropriate. The Bingling Temple Grottoes Protection and Management Agency shall scientifically check and verify the tourist carrying capacity and publish it to the public.
Article 20 The Binglingsi Grottoes Protection and Administration Institution shall strengthen exchanges and cooperation with relevant scientific research institutions and organizations to carry out scientific research.
The Binglingsi Grottoes Protection and Administration Institution shall enjoy intellectual property rights in accordance with the law with respect to the research results of the cultural relics and scientific protection technology of the Binglingsi Grottoes, as well as the publications, audio-visual products, etc. produced by the materials provided by it.
Article 21 Those who violate the provisions of Paragraph 1 of Article 12 of these Regulations shall be ordered to make corrections by the provincial administrative department for cultural relics; If the circumstances are serious, the illegal gains shall be confiscated and a fine of not less than 50000 yuan but not more than 500000 yuan shall be imposed.
Those who violate the provisions of the first paragraph of Article 14 of these Regulations shall be ordered to make corrections by the provincial administrative department for cultural relics; If serious consequences are caused, a fine of not less than 50000 yuan but not more than 500000 yuan shall be imposed.
Article 22 Those who violate the provisions of Items 2, 3, 4, 5 and 6 of Article 12 of these Regulations shall be ordered to make corrections by the Bingling Temple Grottoes Protection and Administration Agency; If the circumstances are serious, a fine of not less than 50 yuan but not more than 1000 yuan shall be imposed.
Article 23 Those who, in violation of the provisions of Article 13 of these Regulations, build new permanent buildings and structures that are not related to the protection of cultural relics within the protection scope of Bingling Temple Grottoes shall be ordered to make corrections by the provincial administrative department for cultural relics; If serious consequences are caused, a fine of not less than 50000 yuan but not more than 500000 yuan shall be imposed, and the relevant departments shall dismantle them according to law.
Article 24 Those who violate the provisions of Article 18 of these Regulations shall be criticized, educated and ordered to make corrections by the local religious department together with the Bingling Temple Grottoes Protection and Administration Agency.
Article 25 If the people's governments at all levels and their working departments in the place where the Bingling Temple Grottoes are located, or the working personnel of the Bingling Temple Grottoes Protection and Administration Agency abuse their power, neglect their duties, or engage in malpractices for personal gain, the people's government at a higher level or the provincial administrative department for cultural relics shall order them to make corrections; If the circumstances are serious, administrative sanctions shall be given according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Part 6: Model Regulations on Nature Reserves
Key words: scenic spots; legal protection
CLC No.: D922 Document ID No.: A Article No.: 1672-3198 (2010) 02-0196-02
1 Concept of scenic spots
According to the provisions of the second paragraph of Article 2 of the Regulations on Scenic Spots promulgated by the State Council in June 2006, "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.", Distinguish scenic spots from related concepts such as nature reserves, forest parks and tourist areas.
2 Status quo of legal protection of foreign scenic spots
There is no single concept of scenic spots in foreign countries, but national parks or nature reserves are used as the general name of areas with unique natural environment and natural resources. Scenic spots are also included. The special National Park Law or Nature Reserve Law shall be formulated to protect such characteristic areas. For example, Yellowstone National Park, the first national park in the world, was established by the United States in 1872, starting the history of the United States national park system. Canada passed the National Parks Act in 1930.
In terms of management system, the United States, Norway and other countries implement centralized management mode. For example, the United States established the National Park Service in 1916, and the director of the National Park Service was personally appointed by the President to manage more than 300 national important natural and historical resource areas. Germany, Australia and other countries implement the mode of local autonomy. Some countries uniformly formulate policies and legislation, and local governments are responsible for specific management matters.
The mature management systems of various countries have also played a good role in the protection of scenic spots. For example, "The National Parks and Local Land Use Act of 1949 in the United Kingdom introduced the 'management contract' system into the management of national parks. This system stipulates that before the establishment of national parks, the management department should negotiate with the land owners or users on the form of land use, and require the land owners or users to operate and manage the land in a way that meets the requirements of natural protection. It can be seen from the experience of countries in the legal protection of scenic spots that the legal protection of scenic spots should start from the perfection of the legislative system, the level of legislation, the unity of management institutions, the diversification and operability of management systems, and other aspects, in order to play an effective role in the legal protection of scenic spots in a comprehensive and systematic way. The following is a further analysis of the current situation of scenic spot protection in China.
3 Current legal situation and main problems of scenic spot protection in China
3.1 Current legal situation of scenic spot protection in China
Since the first batch of national scenic spots were announced by the State Council in 1982, there are 187 national scenic spots and 698 provincial scenic spots in China, with the total area of scenic spots accounting for 1.89% of the national land area. Although there is no "Scenic Area Law" in the true sense in China at present, there are many relevant laws and regulations. These laws and regulations also play an important role in resource protection, planning and utilization of scenic spots.
The most basic legal norm for the protection of scenic spots in China is the Regulations on Scenic Spots issued by the State Council on December 1, 2006. There are also Measures for the Implementation of the Interim Regulations on the Administration of Scenic Spots and Scenic Spots, and the Environmental Health Management Standards for Scenic Spots issued by the Ministry of Construction. These are professional legislation for the protection of scenic spots. In addition, the laws and regulations of China are closely related to the protection of scenic spots, such as the Constitution of the People's Republic of China and the Forest Law of the People's Republic of China.
At present, in order to strengthen the management of scenic spots within their jurisdiction, the people's congresses, standing committees and people's governments of most provinces and cities in China have formulated many local laws and regulations on scenic spots in accordance with relevant national laws and regulations and in combination with local actual conditions. For example, the Regulations on the Administration of Hangzhou West Lake Scenic Area, the Regulations on the Administration of Yunnan Scenic Area, etc. More detailed and specific provisions have been made for the management and protection of local scenic spots.
3.2 Main problems in the protection law of scenic spots in China
China has established a management system of scenic spots for more than 30 years. On the one hand, it has made remarkable achievements in the construction of laws and regulations of scenic spots, resource investigation and assessment, planning, construction and management, resource protection and utilization, and a large number of precious scenic spots have been brought into the track of national protection and management; On the other hand, with the development of the economy and society, some scenic spots are driven by the interests of "excessive development", eager for quick success, and disorderly management, which leads to the increasingly serious phenomenon of "urbanization", "artificial", and "commercialization" of scenic spots, which seriously threatens the healthy and sustainable development of scenic spots, and puts the precious natural resources and cultural heritage of scenic spots at risk. The important factor leading to these problems is the weakness and imperfection of laws and regulations.
3.2.1 Low legislative level
At the legislative level, the development and protection of scenic spots in China is mainly based on the Regulations on Scenic Spots promulgated by the State Council on December 1, 2006. However, this regulation is only an administrative regulation, ranking lower than the law in the legal system. In this way, the development and protection of scenic spots often have to give way to other laws and regulations, leading to the occurrence of some legitimate destructive development behavior.
3.2.2 Unsmooth management system and unclear responsibilities
The management system of scenic spots refers to the sum of the organizational structure, status, responsibilities, internal rights and responsibilities, and related rules and systems of the management of scenic spots. With the reform of China's political system, scenic spots in various regions have been faced with problems such as poor system and lack of effective unified and efficient management. It brings difficulties to the protection and development of the scenic spot. It mainly includes the following aspects:
(1) The management organization is set unreasonably.
The main body of the management of scenic spots in China is the local government, and the central and superior management institutions only have the responsibility of supervision and management. However, China has a vast territory, and the National Construction Department, as the competent unit, is obviously unable to cope with the huge national scenic spot system. At the same time, due to the lack of effective supervision means and methods, the local government in the actual management work is often affected by economic benefits or political achievements, overexploiting the resources of scenic spots, while ignoring the protection of resources.
(2) The administrative responsibilities are unclear, and the phenomenon of multiple management is serious.
Although the new Regulations on Scenic Spots clearly defined the definition of scenic spots and distinguished this specific area from other related areas, scenic spots established before were often not strictly distinguished from nature reserves. Moreover, the management of a scenic spot with relatively complete types of resources often involves the organizational structure of tourism, urban construction, forestry, cultural relics, religion, environmental protection, local government and other aspects, and various institutions will generate a number of administrative, enterprise and public institutions. The fragmentation of management is inevitable.
(3) Lack of perfect planning system.
The planning of scenic spots is organized and prepared by local government departments, and the competent departments of local governments often consider the cost of planning preparation from their own perspective, so there are both good and bad phenomena in the selection of planning units and the quality of planning content. For example, the design of national parks in the United States is exclusively undertaken by the Denver Design Center under the National Authority, which effectively ensures the quality of planning and design.
3.2.3 Lack of efficient and perfect management system
The legal system of scenic spots in China is not perfect, which seriously affects the management of scenic spots. For example, the fund guarantee system of scenic spots. The management funds of scenic spots in China mainly come from ticket income and franchise income of tourist facilities such as hotels and shops in scenic spots, while the funds allocated by the state finance only account for a small part. This has led scenic spots to raise ticket prices, build tourist facilities, and over develop scenic resources, which has seriously affected the ecological and social benefits of the scenic spot.
4 Suggestions on Improving the Legal Protection of Scenic Spots in China
There are many problems in China's scenic spots, and the main reason is the defects in relevant laws. On the basis of learning from foreign advanced experience and combining with China's national conditions, we should improve the legal system of scenic spots in China.
4.1 Formulate special laws and improve the legislative level
China plans to draft the Law on Nature Reserves to include scenic spots into the system of nature reserves. In this way, scenic spots will be a unique type of nature reserves and included in the system of nature reserves. In this way, under the guidance of the common principle of "protection first and sustainable utilization", the protected areas such as scenic spots, nature reserves and forest parks can be included into the scope of adjustment, breaking the boundaries of departments, industries and regions, and making unified provisions on their legal status, management system, institutional setup, funding security and other issues. Then, we will regulate their special requirements by category. In this way, we can provide legislative specifications for the legal protection of scenic spots.
4.2 Improve the management system of scenic spots
Establishing an efficient management system is an important task for the legal protection of scenic spots in China. The management system of scenic spots in China should adhere to the principle of "unified planning, unified administration, guidance of departments and industries, and independent operation of enterprises". Clarify the supervision content of the competent construction department of the State Council, implement hierarchical management of each scenic spot, clarify the status and responsibilities of each administrative agency, clearly define the authority of different types of regional administrative agencies, designate specific departments to supervise different administrative agencies, coordinate the work of each administrative agency, and straighten out the system.
4.3 Improve the systems of scenic spot protection
4.3.1 Land ownership system of scenic spots
The new Regulations on Scenic Spots in China recognizes the legitimacy of the management right of scenic spots, but lacks specific provisions and detailed measures for supervision and management of this kind of enterprise management. Therefore, it is very important to establish a sound land ownership system, ensure the scientific and effective enterprise management, and promote the sustainable development of scenic spots.
4.3.2 Fund guarantee system based on government investment
The capital investment system of scenic spots determines the success or failure of the development of scenic spots. It is necessary to ensure that scenic spots have a stable source of funds to ensure their healthy and sustainable development. The source of funds for scenic spots can be ensured by increasing government investment, establishing reasonable franchising projects for self financing, and attracting international investment and social donations.
4.3.3 Public participation system
At present, the main responsibility for the protection and management of scenic spots in China is borne by the local people's government. This mode inevitably has some limitations such as weak management functions and insufficient personnel. However, in practice, in many cases, mass reporting, reflection or media exposure has become a restrictive supervision method for illegal construction. The establishment and improvement of public participation system in scenic spots will help to build a harmonious relationship between the government and the public, inside and outside the scenic spots, and thus effectively promote the management and protection of scenic spots.
5 Conclusion
The protection of scenic spots is an important part of ecological protection. It is of great significance to protect the ecological environment, maintain the natural and cultural heritage, and better inherit the spiritual civilization of the Chinese nation. However, at this stage, China's scenic spots are experiencing the biggest impact in history, so it is urgent to strengthen the legal management of scenic spots. Only by effectively improving the legal system of scenic spots and formulating a practical legal system of scenic spot protection can we more effectively protect the natural resources and cultural heritage of scenic spots and promote the sustainable development of the environment and society.
reference
[1] Zhang Wenxian. Jurisprudence [M]. Beijing: Law Press, 1999
[2] Lv Zhongmei. New Vision of Environmental Law [M]. Beijing: China University of Political Science and Law Press, 2000
Part 7: Model Regulations on Nature Reserves
Entrusted by the provincial government, I make the following explanation to the Zhejiang Provincial Wetland Protection Ordinance (Draft) (hereinafter referred to as the Bill):
1、 Necessity of making regulations
Wetlands, together with forests and oceans, are called the three major ecosystems in the world. They have ecological functions such as maintaining water sources, purifying water quality, flood storage and drought prevention, regulating climate and maintaining biodiversity. They are called the kidney of the earth. Our province has always attached great importance to wetland protection, taking wetland protection as an important part of building an ecological province. However, with the rapid economic development of the province, the utilization intensity of wetland resources by various production and operation activities has been increasing, which has led to the destruction of some regional wetlands and their biodiversity, the decline of wetland ecological functions, and the normal play of the comprehensive benefits of wetlands. However, the national wetland legislation cannot be introduced due to various reasons, and the local wetland protection legislation in our province is imminent.
First, regulations are needed to strengthen wetland protection. Our province is extremely rich in wetland resources. There are 5 categories and 27 types of wetlands with an area of more than 8 hectares, with a total area of nearly 2.468 million hectares, accounting for 22.7% of the total area of the province. At present, the public's awareness of wetland protection is not strong, and the destruction of wetlands such as random encroachment and landfill often occurs; The water pollution is serious, which causes the degradation of wetland function increasingly obvious; Over fishing and hunting, habitat reduction and environmental pollution have led to the decline of wetland biodiversity; The contradiction between beach reclamation and wetland protection is prominent, and excessive reclamation exists. The formulation of regulations is a practical need to solve the contradiction between economic and social development and wetland resource protection, reduce and eliminate high-intensity wetland development, and curb the continuous decline of natural wetlands.
Second, the formulation of regulations is to implement international conventions and address the needs that cannot be followed for wetland protection. In 1992, China joined the Ramsar International Convention on Wetlands. At present, China's provisions on wetland protection and management are scattered in forest law, wildlife protection law, nature reserve regulations and other laws and regulations. In order to solve the dilemma of wetland protection, nearly 20 provinces and autonomous regions have issued local regulations. In order to further strengthen the protection of wetlands, it is necessary to formulate local laws and regulations that are conducive to coordinating wetland protection departments, giving consideration to all interested parties and jointly protecting the existing precious wetland resources in our province in combination with the actual situation of our province.
2、 Main basis for formulating regulations
First, national forest law, environmental protection law, water law, wildlife protection law, marine environmental protection law, nature reserve regulations and other laws and administrative regulations.
The second is the Notice of the General Office of the State Council on Strengthening Wetland Protection and Management ([2004] No. 50), and the Notice of the General Office of the People's Government of Zhejiang Province on Strengthening Wetland Protection and Management (ZZBF [2005] No. 44).
The third is the National Wetland Protection Project Plan (2002-2030) agreed by the State Council in principle in September 2003.
The fourth is the Zhejiang Provincial Wetland Protection Plan approved by the provincial government in 2007 and the Notice of the General Office of the People's Government of Zhejiang Province on Printing and Distributing the Regulations on the Main Responsibilities, Internal Organizations and Staffing of the Forestry Department of Zhejiang Province (ZZBF [2009] No. 164).
3、 Drafting process of draft regulations
Since 2007, the Provincial Forestry Department has started to carry out the preliminary work of legislation of the regulations, striving to be included in the legislative plan of the Provincial People's Congress. In 2009, 2010 and 2011, the regulations were listed as the second category legislative items of the Provincial People's Congress for three consecutive years. We have also collected and collated the legislative data of more than ten provinces, including Shaanxi, Ningxia, Liaoning, Jiangxi, Guangdong, and so on, to learn from; In conjunction with the Law Working Committee of the Standing Committee of the Provincial People's Congress and the Provincial Legislative Affairs Office, the two provinces of Heilongjiang and Yunnan, which have first legislated on wetland protection, conducted research on wetland protection and management, and wetland legislation. On the basis of preliminary research, the first draft was formed, and comments were solicited from relevant provincial departments and wetland management units in the province. Relevant personnel engaged in wetland management in the province were invited to discuss, revise and improve the first draft of the bill, especially after demonstrating the scope of wetland protection and the degree of wetland supervision and control. After the draft regulations were submitted to the provincial government for review, the Provincial Legislative Affairs Office attached great importance to it. On the one hand, it actively solicited opinions from the provincial finance department, the provincial construction department, the provincial water conservancy department and other departments and municipal governments; On the one hand, we sent people to Shaoxing, Sanmen and other places to conduct research. After repeated research and modification, the bill was formed. On February 23, 2012, the 88th executive meeting of the provincial government deliberated and passed the draft regulations.
4、 Main contents of regulations
（1） The definition of wetland. At present, wetlands have not been clearly defined in China's laws. According to the National Wetland Protection Project Plan (2002-2030) approved by the State Council, The definition of wetland refers to "natural or artificial, permanent or temporary marshland, peatland and water area with static or flowing, fresh or brackish water and salt water bodies, including sea areas with water depth not exceeding 6 meters at low tide". Many places reflect that this definition is highly academic, too wide in management scope and difficult to operate in practice. Considering the actual situation of our province, Article 3 of the bill has made a new legal definition, mainly from the aspects of wildlife growth and ecological regulation function, defining the extension and connotation of wetlands, and defining wetland resources.
（2） Principles on wetland protection and management. The draft regulation determines that wetland protection and management should follow the principles of strict protection, rational utilization and sustainable development. According to this principle, Articles 13 and 14 of the draft regulations define the establishment of wetland catalogue, and implement the system of classified and differentiated management on the scope of wetland protection and management. Article 8 of the draft regulations also clearly implements the compensation system for units and individuals whose legitimate rights and interests in the use of wetland resources have been damaged due to the needs of wetland protection.
（3） The management system of wetlands. According to the Notice of the General Office of the State Council on Strengthening Wetland Conservation Management, which is about "adhering to and gradually improving the wetland conservation management system that is comprehensively coordinated and implemented by different departments", and the function of "organizing, coordinating, guiding and supervising the wetland conservation work in the province" in the three fixed plans of the Provincial Forestry Department, Article 15 of the draft regulations requires the provincial government to establish a wetland conservation committee to organize Coordinate and decide on major issues in wetland protection. Article 6 of the draft regulations specifies that the competent forestry administrative department shall organize, coordinate, guide and supervise wetland protection, and be specifically responsible for the protection and management of relevant wetlands.
（4） Main measures for wetland protection. First, Article 5 of the draft regulations clarifies the responsibilities of the government, requiring governments at all levels to incorporate wetland protection into national economic and social development plans, strengthen wetland protection and management, and increase capital investment. Second, important wetland ecosystems involving regional ecological security and biodiversity protection should be included in the wetland list and protected. Third, it clearly stipulates the prohibited behaviors in the wetland, and takes protective measures such as ecological restoration and hazard prevention. The introduction of species and population control are also stipulated accordingly. Fourth, it has made clear restrictive provisions on the occupation of wetlands. For those that really need to be occupied, Articles 34 and 35 of the bill stipulate that wetland protection plans should be formulated and strictly implemented.
（5） About wetland park. At present, our province has established 8 national wetland parks and 7 provincial wetland parks, with a protected area of more than 50000 hectares. In practice, compared with the establishment of nature reserves, the establishment of wetland parks is more in line with the reality of small area, dense population and large land use intensity in our province, and also better realizes the integration of economic benefits, social benefits and ecological benefits. For this reason, the draft regulations have made many provisions on the contents related to wetland parks. There are seven articles from Article 19 to Article 25 that respectively stipulate the conditions, requirements, materials, management, etc. for the establishment of wetland parks.
Part 8: Model Regulations on Nature Reserves
1. 3 laws
(1) Article 10 of the Forest Law of the People's Republic of China: The competent forestry departments of the local people's governments at or above the county level are responsible for the forestry work in their own areas.
(2) The second paragraph of Article 7 of the Law of the People's Republic of China on the Protection of Wildlife: The competent forestry administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the management of terrestrial wildlife in their respective administrative areas. The competent administrative departments for the management of terrestrial wildlife under the governments of autonomous prefectures, counties and municipalities shall be determined by the governments of provinces, autonomous regions and municipalities directly under the Central Government.
(3) Article 3 of the Seed Law of the People's Republic of China: The agricultural and forestry administrative departments of the local people's governments at or above the county level shall be respectively responsible for the work of crop and forest tree seeds within their respective administrative areas.
2. 11 administrative regulations
(1) Article 47 of the Regulations for the Implementation of the Forest Law of the People's Republic of China (Order No. 278 of the State Council): The division of responsibilities and authorities of the competent forestry authorities of local people's governments at or above the county level in these regulations shall be specifically stipulated by the competent forestry authorities of the State Council.
(2) Paragraph 2 of Article 3 of the Regulations of the People's Republic of China on the Protection of Terrestrial Wildlife (approved by the State Council in. The competent administrative departments for the management of terrestrial wildlife under the people's governments of autonomous prefectures, counties and municipalities shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
(3) Article 4 of the Measures for the Administration of Forest and Wildlife Type Nature Reserves (approved by the State Council in * *): National nature reserves shall be managed by the Ministry of Forestry or the competent forestry administrative departments of provinces, autonomous regions and municipalities directly under the Central Government. Local nature reserves shall be managed by the competent forestry authorities at or above the county level.
(4) Paragraph 2 of Article 8 of the Regulations of the People's Republic of China on Natural Reserves (Order No. 167 of the State Council): The establishment and responsibilities of the departments responsible for the management of natural 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.
(5) Article 8 of the Regulations of the People's Republic of China on the Protection of Wild Plants (Order No. 204 of the State Council): The competent forestry administrative department of the State Council shall be responsible for the supervision and administration of wild plants in forest areas and rare wild trees outside forest areas throughout the country. The departments responsible for the administration of wild plants under the local people's governments at or above the county level and their duties shall be prescribed by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the specific local conditions.
(6) The second paragraph of Article 4 of the Regulations on Forest Fire Prevention (the State Council in * *): The competent forestry authorities at all levels have important responsibilities for forest fire prevention, and all units in forest areas should implement the system of department and unit leadership responsibility under the leadership of the local people's government.
(7) Article 7 of the Regulations on the Administration of Forest Cutting and Renewal (approved by the State Council in.
(8) Article 3 of the Regulations on Plant Quarantine (Order No. 98 of the State Council in * *): The plant quarantine institutions subordinate to the local competent agricultural departments and forestry departments at or above the county level are responsible for carrying out the national plant quarantine tasks.
(9) Paragraph 2 of Article 5 of the Regulations on the Prevention and Control of Forest Diseases and Insect Pests (Order No. 46 of the State Council): The competent forestry authorities of the local people's governments at or above the county level shall be responsible for the prevention and control of forest diseases and insect pests in their respective administrative areas, and their subordinate forest disease and insect pest prevention institutions shall be responsible for the specific organization of forest disease and insect pest prevention and control.
(10) The first point of the Measures of the State Council for the Implementation of the National Voluntary Tree Planting Campaign (adopted at the executive meeting of the State Council in.
(11) Article 3 of the Regulations of the People's Republic of China on the Protection of New Plant Varieties (Order No. 213 of the State Council): The agricultural and forestry administrative departments of the State Council are jointly responsible for the acceptance and examination of applications for new plant variety rights according to the division of responsibilities, and grant new plant variety rights to new plant varieties that meet the provisions of these Regulations.
3. 6 local regulations
(1) Article 3 of the Measures of Fujian Province for the Implementation of the Wildlife Protection Law of the People's Republic of China: The forestry and fishery administrative departments of the people's governments at or above the county level shall be respectively responsible for the management of terrestrial and aquatic wildlife within their respective jurisdictions.
(2) Article 3 of the Regulations of Fujian Province on the Settlement of Disputes over the Ownership of Forest Land: The local people's governments at all levels shall handle the disputes over the ownership of forest land within their own administrative areas according to law.
The specific work of the local people's government at or above the county level in handling disputes over the ownership of forest land shall be in the charge of the mediation agency or the competent forestry department of the people's government at the same level for disputes over the ownership of forest land; The specific work of the township (town) people's government in handling disputes over the ownership of forest land shall be in the charge of the organization designated by the township (town) people's government.
(3) Article 4 of the Regulations of Fujian Province on the Administration of Forest and Wildlife Type Nature Reserves: The competent forestry administrative department is in charge of the reserves.
According to the value of protection, protected areas are divided into national protected areas and local protected areas. Local level protection zones are divided into provincial, municipal (prefecture) and county level protection zones.
The local protected areas shall be managed by the competent forestry administrative departments at or above the county level.
The nature protection community (site) shall be managed and managed by the construction unit itself, and the competent forestry administrative department at or above the county level or its authorized unit shall be responsible for supervision and management.
(4) Article 2 of the Measures of Fujian Province for the Implementation of the Law of the People's Republic of China on Agricultural Technology Popularization: The administrative departments of agriculture, forestry, fishery, water conservancy and hydropower, meteorology, agricultural machinery, etc. at or above the county level (hereinafter collectively referred to as the administrative departments of agricultural technology popularization) shall, under the leadership of the people's governments at the same level, be responsible for the relevant work of agricultural technology popularization within their own administrative areas according to their respective responsibilities. The administrative department of science and technology and technology supervision of the people's government at the same level shall guide the work of agro technical popularization.
(5) Article 4 of the Regulations of Fujian Province on the Circulation of Forest Resources: The competent forestry departments of the people's governments at or above the county level are responsible for the management of the circulation of forest resources within their own administrative areas.
(6) Article 2 of Fujian Provincial Forest Regulations: The competent forestry departments of the people's governments at or above the county level are responsible for the forestry work within their own administrative areas.
4. 10 departmental regulations
(1) Article 6 of the Administrative Measures for the Inspection of Forest Tree Seeds and Seedlings (Lin Ce Zi [* *] No. 434 of the Ministry of Forestry): The forest tree seed inspection institutions of the competent forestry departments of the local people's governments at or above the county level shall guide and supervise the inspection of forest tree seeds under their jurisdiction, be responsible for sampling inspection of forest tree seeds produced, operated and used within their jurisdiction, and be responsible for business consultation and technical training of forest tree seed inspection, To be responsible for arbitration and inspection of forest seed quality within the jurisdiction.
(2) Article 5 of the Measures for the Administration of Licenses for Domestication and Reproduction of Wildlife under Special State Protection: Units and individuals who domesticate and breed wild animals must submit a written application to the local wildlife administrative department of the county government, and fill in the Application Form for Licenses for Domestication and Reproduction of Wildlife under Special State Protection. Any domestication and breeding of wild animals under first-class national protection shall be reported to the Ministry of Forestry for approval by the competent forestry administrative departments of the governments of provinces, autonomous regions and municipalities directly under the Central Government; The domestication and breeding of wild animals under second class national protection shall be examined and approved by the competent forestry administrative department of the government of the province, autonomous region or municipality directly under the Central Government.
(3) Article 3 of the Measures for the Administration of Forest Parks (Order No. 3 of the Ministry of Forestry): Local competent forestry departments at or above the county level shall be responsible for the work of forest parks within their own administrative areas.
(4) Article 2 of the Detailed Rules for the Implementation of the Plant Quarantine Regulations (Forestry Part) (Order No. 4 of the Ministry of Forestry): The local competent forestry authorities at or above the county level are responsible for the forest plant quarantine work in their own areas.
(5) The second paragraph of Article 4 of the Measures for the Settlement of Disputes over the Ownership of Forest Land and Forest Land (Order No. 10 of the Ministry of Forestry): The Ministry of Forestry, the competent forestry administrative departments of the local people's governments at all levels, or the forest right dispute settlement institutions established by the people's governments (hereinafter collectively referred to as the forest right dispute settlement institutions) are respectively responsible for the specific work of handling forest right disputes according to their administrative authority.
(6) Article 5 of the Measures for the Administration of the Popularization and Use of Improved Tree Varieties (Order No. 13 of the Ministry of Forestry): The competent forestry administrative departments at or above the county level shall be responsible for the administration of the popularization and use of improved tree varieties in their own administrative regions. The specific work shall be organized and implemented by the forest tree seed management organization it has set up.
(7) Article 2 of the Measures for the Administration of the Registration of Forest and Forest Land Ownership (Order No. 1 of the State Forestry Administration): The competent forestry authorities at or above the county level shall perform their duties of forest ownership registration according to law.
(8) Article 5 of the Measures for the Administration of Forestry Workstations (Order No. 6 of the State Forestry Administration): The forestry administrative departments of the local people's governments at or above the county level shall be responsible for the administration and supervision of forestry stations within their own administrative areas.
(9) Article 3 of the Administrative Measures for the Examination and Approval of the Occupation and Requisition of Forest Land (Order No. 2 of the State Forestry Administration): If the land use unit needs to occupy or requisition forest land or needs to temporarily occupy forest land, it shall apply to the competent forestry department of the people's government at the county level for the occupation or requisition of forest land; If it is necessary to occupy or temporarily occupy the forest land in the key national forest areas (hereinafter referred to as key forest areas) determined by the State Council, an application for occupying the forest land shall be submitted to the competent forestry department under the State Council or its entrusted unit.
(10) Article 5 of the Measures for the Administration of Forest Seed Production and Operation Licenses (Order No. 5 of the State Forestry Administration): The competent forestry administrative departments of the people's governments at or above the county level shall be responsible for the examination, approval, issuance and administration of forest seed production and operation licenses, and the specific work may be in the charge of their subordinate forest seed and seedling administrative agencies.
Part 9: Model Regulations on Nature Reserves
Ding Zunian, Vice Chairman of the Legislative Affairs Committee of Zhejiang Provincial People's Congress
Chairman, Vice Chairman, Secretary General and members:
In July and September 2006, the Standing Committee of Ningbo Municipal People's Congress deliberated and passed the Regulations of Ningbo Municipality on the Legal Supervision of Labor Security of Trade Unions, the Regulations of Ningbo Municipal People's Congress on Handling the Suggestions, Criticism and Opinions of Delegates, the Regulations of Ningbo Jiushan Islands Marine Ecological Nature Reserve, and the Regulations of Ningbo Municipality on the Safety Management of Fireworks and Firecrackers In October, it was reported to the Standing Committee of the Provincial People's Congress for approval. The Legislative Affairs Commission shall, after receiving the regulatory text submitted for approval, send it to the relevant provincial departments for comments in a timely manner. On November 15, the Legislative Affairs Commission held a meeting to review the laws and regulations submitted for approval. The relevant information is reported as follows:
1、 Regulations of Ningbo City on Labor and Social Security Law Supervision of Trade Unions
According to Articles 10, 21, 22 and other provisions of the Regulations, the Labor Union Labor and Social Security Legal Supervision Committee established according to the Regulations may, in its own name, employ labor union labor and social security legal supervisors, issue supervision opinions to employers and supervision proposals to relevant government departments. The Legal Affairs Committee believes that, according to the Trade Union Law and the Labor Law, trade unions at all levels shall safeguard the legitimate rights and interests of workers in accordance with the law and supervise the compliance of employers with labor laws and regulations. The main body of such supervision is the trade union. It is inappropriate and unnecessary to replace the trade union with the labor security legal supervision committee of the trade union to exercise supervision responsibilities. It is suggested that the supervision subject of Articles 10, 14, 21, 22, 23 and 28 should be changed from the Labor and Social Security Legal Supervision Committee of the Trade Union to the Trade Union.
2、 Regulations of Ningbo Jiushan Islands Marine Ecological Nature Reserve
Article 7 of the Regulations stipulates that the overall plan of the Jiushan Archipelago Marine Nature Reserve shall be reviewed by the municipal marine administrative department and then submitted to the municipal people's government for approval. Relevant provincial departments proposed that Jiushan Archipelago Marine Ecological Nature Reserve should be established with the approval of the provincial people's government and belong to a provincial nature reserve; According to the Measures of Zhejiang Province for the Administration of Natural Reserves, the protection and construction plan of provincial natural reserves should be approved by the provincial people's government. It is suggested to amend this article to read: "The administrative organ of the Reserve shall work with the relevant administrative departments to prepare the overall plan of the Reserve, which shall be reviewed by the Municipal People's Government and submitted for approval according to the prescribed authority."
3、 Regulations of Ningbo Municipal People's Congress on Handling Suggestions, Criticism and Opinions of Delegates and Regulations of Ningbo on Safety Management of Fireworks and Firecrackers
Upon review, the two regulations submitted for approval have no content inconsistent with the upper law.
The revision of the laws and regulations submitted for approval has been communicated with the Standing Committee of Ningbo Municipal People's Congress.
The Legislative Affairs Committee believes that the Regulations on Handling the Suggestions, Criticism and Opinions of the Representatives of the Ningbo Municipal People's Congress, the Regulations on the Safety Management of the Operation and Setting off of Fireworks and Firecrackers in Ningbo, the revised Regulations on the Supervision of the Labor Security Law of the Trade Unions in Ningbo, and the Regulations on Jiushan Islands Marine Ecological Nature Reserve in Ningbo conform to the provisions of relevant laws and regulations, It is suggested that the Standing Committee of the Provincial People's Congress review and approve this meeting.
Please consider the above report and the draft approved version of the four regulations.
Explanation on the revision of four draft laws and regulations, including the Regulations of Zhejiang Province on the Management and Protection of Enterprise Trade Names (Draft), and the revision of four laws and regulations submitted for approval in Ningbo
Ding Zunian, Vice Chairman of the Legislative Affairs Committee of Zhejiang Provincial People's Congress
Chairman, Vice Chairman, Secretary General and members:
This meeting of the Standing Committee of the Provincial People's Congress addressed the "Regulations on the Management and Protection of Enterprises and Tradenames in Zhejiang Province (Revised Draft)", "Regulations on the Management of Gas in Zhejiang Province (Revised Draft)", "Regulations on the Protection and Management of Wenzhou Ecological Park in Zhejiang Province (Revised Draft)" and "Regulations on the Prevention of Duty Crimes in Zhejiang Province (Revised Draft)", The laws and regulations such as the Regulations of Ningbo on the Supervision of Labor Security Law of Trade Unions, the Regulations of Ningbo Municipal People's Congress on Handling the Suggestions, Criticism and Opinions of Representatives, the Regulations of Ningbo Jiushan Islands Marine Ecological Nature Reserve, and the Regulations of Ningbo on the Safety Management of Fireworks and Firecrackers were reviewed in groups. The members believed that the four revised drafts of the Regulations on the Management and Protection of Enterprise Business Names, the Regulations on the Management of Gas, the Regulations on the Protection and Management of Wenzhou Ecological Park, and the Regulations on the Prevention of Duty related Crimes were formed on the basis of repeated solicitation of opinions and amendments, and the contents were relatively mature. The four draft approved versions of the regulations submitted by the Standing Committee of Ningbo Municipal People's Congress also complied with laws and regulations, It is suggested to adopt or approve them respectively at this meeting. At the same time, the committee members also put forward some suggestions for amendment. On the afternoon of November 29, the Legislative Affairs Commission held a meeting. According to the opinions of the members, it studied the revised version of the above-mentioned draft regulations and the draft approved version, and proposed amendments. The deliberation opinions of the members and the amendment suggestions put forward by the Law Commission were reported to the Chairman's Meeting on the morning of November 30, and the Chairman's Meeting studied them. The main modifications are reported as follows:
1、 Provisions on the Management and Protection of Enterprise Trade Names in Zhejiang Province (Revised Draft)
（1） During the deliberation, some members proposed that the identification of well-known firms should follow the principles of openness, fairness and impartiality, and limit the power of administrative organs. The Legislative Affairs Commission believes that this opinion is very important and is an important principle for drafting and revising these Provisions. The revised draft, from adopting the review mode of the review committee to stipulating the system of random selection of members, secret ballot system, publicity system, objection system, revocation system and accountability system, is all to ensure the openness, fairness and impartiality of the identification. According to the opinions of the members, in order to further restrict the power of the administrative organ, it is suggested to add the sentence "to be implemented after reporting to the provincial people's government for approval" after the provincial administrative department for industry and commerce formulates specific recognition rules and procedures for well-known trade names in Article 18 of the revised draft.
（2） According to the opinions of the members, the sentence "and make an announcement on the provincial media" is added after "the recognition of the well-known business name in Zhejiang Province should be revoked" in Article 17 of the revised draft.
In addition, according to the opinions of the members, the individual words of Articles 3 and 13 have also been revised accordingly.
2、 Regulations of Zhejiang Province on Gas Management (Revised Draft)
（1） Some members suggested that specific provisions should be made on the "fixed period" in paragraphs 2 and 3 of Article 33 of the revised draft. Since there are many types of gas facilities and gas burning appliances, and the specific time limit for regular inspection of various facilities and appliances is not the same, it can not be uniformly stipulated in the regulations. Considering that there are corresponding regulations in practice, it is suggested to add the words "according to regulations" to the two paragraphs respectively.
（2） Some members suggested that Article 35 of the revised draft stipulated that activities affecting the safety of fuel gas facilities should not be carried out within the scope of safety protection of fuel gas facilities, while Article 36 stipulated that those approved could engage in these activities, and there should be a link between the two. Therefore, it is suggested to add the phrase "except those approved in accordance with Article 36 of these Regulations" to Article 35.
（3） Some members suggested that the revised draft of the provisions on fines for illegal acts was too large and the administrative organs had too much discretion; Some punishments are too light to shock illegal behaviors. For this reason, it is suggested that the words "impose a fine of not less than 5000 yuan but not more than 100000 yuan" in the second paragraph of Article 50 be revised to "impose a fine of not less than 10000 yuan but not more than 100000 yuan", the words "impose a fine of not less than 1000 yuan but not more than 10000 yuan" in Article 56 be revised to "impose a fine of not less than 3000 yuan but not more than 30000 yuan", and the words "impose a fine of not less than 1000 yuan but not more than 5000 yuan" in Article 57 It is revised to "impose a fine of not less than 2000 yuan but not more than 10000 yuan".
3、 Regulations on the Protection and Management of Wenzhou Ecological Park in Zhejiang Province (Revised Draft)
（1） Some members pointed out that the provision in paragraph 2 of Article 4 that people's governments at all levels should increase financial input and raise funds from multiple sources was too principled and lacked operability. Therefore, it is suggested to revise it into two paragraphs, namely, "the expenses required for the planning, protection, construction and management of the ecological park should be included in the government financial budget"; "Encourage multi-channel collection of social funds to support the protection and construction of ecological parks".
（2） Some members pointed out that the provisions of the second paragraph of Article 7 of the revised draft on the dispatched offices of relevant functional organizations of Wenzhou Municipal Government in the ecological park under the dual leadership of the dispatched competent department and the ecological park management committee were unclear, and it was easy to blame each other; The third paragraph is repeated with the first paragraph. Therefore, it is suggested to delete the provisions of paragraphs 2 and 3 of this article.
（3） According to the opinions of the members, one paragraph was added to Article 17 of the revised draft as the third paragraph: "In accordance with the provisions of the first two paragraphs of this article, the construction projects and facilities that are required to be rebuilt or demolished, or the industrial projects that are relocated or closed down, shall be compensated accordingly according to law."
4、 Regulations of Zhejiang Province on the Prevention of Duty related Crimes (Revised Draft)
（1） According to the opinions of the members, it is suggested that the first half sentence of Article 13 of the revised draft should be revised to read "supervision or auditing departments established by state organs, state-owned companies, enterprises, institutions, and people's organizations".
（2） According to the opinions of the members, it is suggested that the "annual department budget" in the first paragraph of Article 23 of the revised draft should be revised to "annual financial budget of the department"; Modify "Annual Financial Budget" to "Annual Financial Budget of the Company and Enterprise".
5、 Regulations of Ningbo City on the Legal Supervision of Labor and Social Security by Trade Unions (Draft Approved Text)
（1） According to the opinions of the members, it is suggested that the second paragraph of Article 9 of the draft approval text be revised as: "The local federation of trade unions at or above the county level and the labor and social security legal supervision committee of the municipal industrial trade union may set up offices as needed."
（2） In order to further clarify that the trade union is the main body of the legal supervision of labor security, according to the opinions of the members, it is suggested that the "labor security legal supervision committee of the trade union" in Articles 19, 20 and 24 of the draft approval text be revised to "the trade union and its labor security legal supervision committee".
