Institutional Innovation in the Context of Ecological Civilization Construction: A Study on the Concession of Giant Panda National Park

Abstract

The national park franchise system is an important management mechanism for the government to authorize the recipients to carry out non-resource-consuming business activities through the competition mechanism, aiming to balance ecological protection and resource utilization. This paper discusses the practical progress and optimization path of the franchise system. It is found that the current system has problems such as absence of special legislation, fuzzy business scope, lack of performance evaluation and poor community participation. In 2017, the Overall Plan for the Establishment of a National Park System clarified the important position of national parks in the construction of ecological civilization, emphasized the establishment of a community participation mechanism, and supported local residents to participate in franchising. The Pilot Program for the Giant Panda National Park System was subsequently implemented, proposing a governance framework of "government-led, separation of management and economy, franchising and multi-party participation". The Regulations on the Administration of the Giant Panda National Park further clarify the legal status of the franchise system. Based on the legislative opportunity of the draft National Park Law, this paper analyzes the legal attribute and value of the franchise system from the legal perspective, draws on the international experience of the United States, New Zealand and other countries, and puts forward the optimization strategies such as improving the legal framework, clarifying the access boundary, constructing the income distribution mechanism and improving the community co-governance. The conclusion can provide theoretical support for the franchise system innovation of giant panda national park, and have legislative reference value for the legal construction of national parks in China.