《国家公园法》解析:基石概念、立法目的与基本原则OA

The concept of"national parks"and the institutional system established by the Law of the People's Republic of China on Na-tional Parks(hereinafer referred to as the"Law on National Parks")differ from the internationally common paradigm that emphasizes both conservation and recreation,and they also surpass previous domestic forms of parks.They constitute a legal normative system with distinct Chinese characteristics.Drawing on China's national conditions and the country's fine traditional ecological wisdom,the law defines na-tional parks as"natural ecological spaces under strict protection"that embody"the most vital natural ecosystems,the most distinctive nat-ural landscapes,the most precious natural heritage,and the richest biodiversity,"representing an organic integration of natural,social,and spatial attributes and functioning as a system for"harmonious coexistence between humanity and nature"that integrates the protection of pristine nature,the transmission of natural culture,and the safeguarding of traditional livelihoods.National parks occupy the central posi-tion in terms of ecological value,spatial structure,functional orientation,and governance hierarchy,thereby serving as benchmarks for the construction of the protected area system.The legislative objectives explicitly stated in Article 1 of Law on National Parks—the reform pur-pose of"advancing high-quality development of national parks"as its original aspiration,the core objective of"preserving the authenticity and integrity of key natural ecosystems"as its soul,and the fundamental aim of"promoting the modernization of harmonious coexistence between humanity and nature"as its overarching value pursuit—together form a logically rigorous,well-structured,and profoundly mean-ingful system of objectives.Article 4 stipulates the guidelines and principles for national park development,which can be summarized as follows:ecological conservation first,balancing conservation with development,unity of state representativeness and public welfare,and combining local adaptation with distinctive features.These three fundamental principles not only reflect the legislative intent but also serve as a bridge between the legislative objectives and the institutional framework,providing universal guidance for implementation.A systemat-ic analysis of the cornerstone concept,legislative purposes,and basic principles of the Law on National Parks aims to unveil the logic of ecological governance inherent in the Chinese path to modernization.This understanding is crucial for ensuring the enduring legacy of this"most beautiful land"for the benefit of all people.