分析中国国家公园立法展望阶段存在的立法研究薄弱问题及既有以地方为主导的立法模式的局限性;指出中国国家公园的立法必须以自然保护地立法作为先决条件,并明确后者的立法定位与立法目的;按自然保护地治理现状呈现的特征,将自然保护地政策分为空间体系政策、发展政策、管理政策三部分,并围绕上述三部分提出若干政策及其法制化的建议。
The lack of legislation research and the limits of legislation dominated by local regulation in the envisioning period of the process of national park legislation are analyzed in this paper as the theoretical and practical background. It is declared that the legislation of the protected areas, the prerequisite of national park legislation, should be positioned as a national policy law, and its legislative goals are discussed as well. Subsequently, the policies of protected areas are expounded in three aspects according to the characteristics of the status quo of their governance, including the spatial system policy, system development policy and management policy, based on which the suggestions on law and institution system are proposed as a conclusion.