On the Legal Protection of China's Tourism Resources

Problems existing in tourism resources protection law

First of all, tourism resources legislation is insufficient. First, it is manifested in the imbalance between natural resources protection and human resources protection. Because it takes a long time to understand the connotation and scope of humanistic tourism resources, the legal protection of natural resources in China started early and has been continuously improved in various laws and regulations, which is superior to the protection of humanistic resources in effectiveness. Second, there is a lack of national unified legal guidance and a single legislative form. At present, the legal protection of tourism resources in China is scattered in various rules and regulations and local regulations, but there is no unified basic national tourism law and macro guidance.

Secondly, the legal protection of tourism resources is out of touch with international tourism. First, the defects in legislation. At present, some tourism laws and regulations in China are imperfect, outdated, inconsistent with international practices, not detailed enough, and lack of operability. In addition, China has a low level of legislation and low transparency. Although it has been greatly improved in recent years, it still lags behind the requirements of WTO. Second, there are problems in law enforcement. Tourism law enforcement personnel have low legal literacy, arrogant attitude in the process of law enforcement, not strictly acting according to law, and even illegal law enforcement; Influenced by administrative aspects, power is greater than law in the process of law enforcement, and words are used instead of law from time to time; The problem of local protection is serious. When disputes arise, local tourism enterprises often get pity outside the law, while the reasonable demands of foreign tourists are ignored. Such behavior violates the fairness of the law and is not conducive to international integration in the international environment.

Perfection and solution of legal problems in the development of tourism resources

First of all, speed up the formulation of special laws in the field of tourism in China, and cooperate with the existing legal system to effectively regulate and guide the development and utilization of tourism resources. Speeding up the formulation of special laws on China's tourism industry can better promote and solve many similar problems in the development of tourism resources.

Secondly, modify, supplement and improve the provisions on the utilization and development of tourism resources in the tourism legal norms. The adjustment and regulation of tourism in China are mostly scattered in various departmental laws, which is undoubtedly a bottleneck in the legal protection of tourism development. We can solve these problems by supplementing and amending the relevant departmental laws. For example, in the Environmental Protection Law, the Cultural Relics Protection Law and the Forest Law, special provisions have been made on tourism in view of its particularity.

Third, follow international practice and speed up the pace of legal construction in line with international standards. Under the framework of treaties, conventions and agreements, we should achieve international integration as soon as possible, promote the improvement of China's tourism legal system, and ensure the healthy, good and orderly development of China's tourism market.