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Research of the Legal System on the Protection of China’s Tourism Resources

Author: MaHui
Tutor: ZhangShiJun
School: Shandong University
Course: Legal
Keywords: tourism resources legal protection property right system
CLC: F592.7
Type: Master's thesis
Year: 2010
Downloads: 269
Quote: 0
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Abstract

The rapid development of tourism has injected new energy into China’s economic development. It builds up China’s comprehensive national strength, expands national income and provides visitors with leisure, entertainment places while at the same time enrich people’s spiritual life. However, our tourism resources protection have also been subject to unprecedented pollution and destruction. The protection of tourism resources has become a top priority for our country. Currently, China’s tourism-related laws and regulations are far from being enough to protect our tourism resources. Therefore, it has become imperative for our country to enact and improve laws and regulations that can protect our tourism resources.As a country with long history, China is rich in tourism resources, including both natural landscapes left in the evolution of the earth and historical heritages handed down by our ancestors. Although our country has gradually realized the importance of protecting tourism resources, it still exists that people in some regions are still paying more attention to the development of tourism resources rather than the protection of them. Currently, some laws and regulations on tourism recourses protection have been enacted, however, problems out of legal systems on tourism recourses protection increasingly stand out, such as the insufficiency in fundamental provisions on tourism recourses development and protection policies, too few of special legislations on the protection of tourism recourses, the mixture and obscurity of ownership, administrative power and operation power, etc, which have imposed severely adverse impact on the effective protection of tourism resources.China now has enacted a number of laws and regulations on tourism resources protection. But with the rapid development of tourism, especially in recent years when there are more and more tourists, the problems existed in legal systems concerning tourism resources protection, such as problems about legislation and property right, have gradually emerged. These problems have greatly influenced the protection of our tourism resources. In the academic world, there are not enough researches on the legal issues concerning tourism resources protection. Although some experts have realized the urgency to improve relevant laws and regulations in order to effectively protect the resources, there is still a long way before a systematic theoretical framework is formed. As for existing laws and regulations about tourism resources protection, the provisions are too principled, general and scattered and researches on specific problems are insufficient. So, there is the need to carry out more in-depth and broader researches on legal problems concerning tourism resources protection.Compared with China, developed countries such as the United Sates and Japan have earlier starts in tourism legislation and already have mature and comprehensive protection systems, solid support and have made deep, scientific research on the legal protection of tourism resources and on the basis of that, relatively complete legal protection system has been formed. Observation and study on the legal system on tourism resource protection in developed countries will provide helpful reference and experience for domestic research on this subject.Some suggestions on legislation is preliminarily put forward in this article on the basis of analyzing China’s status on legal protection of tourism resource, looking for the existing problems in China’s law of tourism resource protection and learning from developed countries like the United States and Japan. The suggestions include formulation and perfection of tourism resource protection legal system, perfection of special legislation on tourism resource protection, coordinating local tourism legislation and building up property system concerning tourism protection. It is expected that these suggestions can provide reference for the formulation and perfection of tourism resource protection legal system suitable for our national conditions, better promote the sustainable development of tourism resources and provide legal and systematic protection for the tourism resources.

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