建设国家公园体系的《国家公园法》规范进路OA

The enactment of the Law of the People's Republic of China on National Parks(hereinafter referred to as the"Law on Na-tional Parks")provides a legal basis for the major reform of establishing the national park system.Based on the spatial specificity of na-tional parks,this study argues that the law's normative path is to achieve the"spatialization of the law."This requires shifting focus from protecting individual elements within the space to safeguarding the space as a whole;transitioning from managing administrative units in a generic manner to administering the nested natural geographic spaces with protection as the primary objective;evolving from protecting legal objects within the space to achieving harmony between legal subjects and objects within the space;and moving from im-plementing"deterministic management"to adopting"adaptive management"in accordance with the dynamic patterns of spatial change.Furthermore,employing the analysis method of legal norms,this study finds that the Law on National Parks has built a corre-sponding normative system to achieve the"legalization of space."Specifically,① it establishes a"selection+application"spatial cre-ation approach and introduces spatial zoning management and dynamic adjustment mechanisms,responding to overall protection needs with a normative spatial creation system;② based on a unified,standardized,and efficient management framework,it ensures the holis-tic protection of natural ecosystems while strictly regulating relevant human activities within the space,responding to the management needs of natural geographic spaces;③ while shaping harmonious relationships between parks,local residents,and local governments and communities,it improves the protection and compensation mechanism for the natural ecosystem providing high-quality public ser-vices accessible to all citizens,responding to the requirement of harmonious coexistence between humanity and nature within the space through a system of spatial interaction norms;and ④ by establishing monitoring systems,assessment and evaluation mechanisms,and oversight procedures,it dynamically evaluates the status of natural ecosystems and human activities within the space,responding to the requirement of"adaptive management"of the space with a spatial feedback regulatory framework.To further advance the development of the national park system,future work should focus on refining park-specific legislation,strengthening law enforcement,promoting high-quality conversion of ecological product value,and developing differentiated standards and assessment systems,thereby extending the legalization of the space based on the Law on National Parks.