中国人口·资源与环境2026，Vol.36Issue(2)：24-31,8.DOI:10.12062/cpre.20251234
《国家公园法》中的全民公益性理念
Concept of public welfare in the Law on National Parks
摘要
Abstract
The concept of public welfare is a fundamental principle guiding the development of China's national parks,embodying the systematic proposition of collective ownership,development,and sharing for all citizens.Prior to the enactment of the Law of the Peo-ple's Republic of China on National Parks(hereinafter referred to as the"Law on National Parks")in 2025,this concept was partially reflected in local legislation and departmental regulations;however,issues such as semantic ambiguity,unclear public benefits,and in-sufficient safeguards persisted.The general provisions of the Law on National Parks explicitly enshrine this concept of public welfare and integrate it with the people-centered philosophy of development,enriching its implications to encompass both the economic and eco-logical interests of present and future generations.In terms of specific rules,the Law on National Parks systematically embeds the con-cept throughout the entire process of park establishment and area coverage,protection and management,as well as public participation and sharing,effectively responding to and balancing the interests of various stakeholders,including local residents,surrounding commu-nities,collective land and resource rights holders,and the general public,while accounting for the extensiveness and diversity of inter-est involved in national park development and protection.Following the law's enactment,ensuring the implementation of the concept of public welfare requires clarifying the dialectical relationship between the priority of ecological protection and public welfare,thereby avoiding a simplistic opposition between ecological protection and the rational use of natural resources.National park authorities should promptly formulate relevant management and service regulations,clarify the scope of commercial services,establish an operator selec-tion mechanism and the operators'rights and obligations,and define ecological protection assessment and exit mechanisms.They should also clarify critical concepts such as"original residents"and"reasonable production and livelihood,"establish pre-approval pro-cedures,and regulate the production and livelihood of original residents.Furthermore,in line with the characteristics of national park construction and conservation,it is important to improve the ecological compensation system for national parks,including expanding the funding channels for ecological compensation,exploring locally appropriate compensation forms,and ensuring procedural justice in the compensation process.关键词
全民公益性/国家公园法/共有共建共享Key words
public welfare/Law on National Parks/collective ownership,development,and sharing分类
社会科学引用本文复制引用
阙占文..《国家公园法》中的全民公益性理念[J].中国人口·资源与环境,2026,36(2):24-31,8.基金项目
国家社会科学基金后期资助项目"自然保护地体系中的保护地役权研究"(批准号:22FFXB057) （批准号:22FFXB057）
国家林草局国家公园管理办公室委托课题"国家公园生态环境损害赔偿力度研究". （）
