我国旅游资源法律体系:结构、问题与对策
发布时间：2018-11-02 19:25
【摘要】：我国旅游资源管理一直存在诸多问题,旅游资源法律体系建设不足既是导致这些问题的重要原因,也是改善这些问题的根本手段。旅游资源法律体系建设既是旅游生态文明建设的重要内容,也是全面推进依法治国、实现依法兴旅与依法治旅的有效途径。基于我国现行旅游资源相关法律法规,结合旅游资源法律体系建设环境,构建我国旅游资源法律体系,以《旅游法》为基本法,包括旅游资源保护制度和旅游资源开发规划制度,由法律、行政法规、部门规章、规范性文件、国家标准、行业标准、国际公约等多个层次的法律规范所构成。虽然我国旅游资源法律体系已初步形成,但仍存在法律规定与现实生活不和谐、法律规范体系不和谐、法律层次体系不和谐、法律制定与法律实施不和谐问题。建立内外和谐的旅游资源法律体系,需要从适应性、系统性、层次性、可适用性四方面完善相关立法,整合协调法律体系内外部关系,健全我国旅游资源法律体系。
[Abstract]:There are many problems in the management of tourism resources in our country. The insufficient construction of the legal system of tourism resources is not only the important reason leading to these problems, but also the fundamental means to improve these problems. The construction of the legal system of tourism resources is not only an important content of the construction of tourism ecological civilization, but also an effective way to promote the rule of law in an all-round way and to realize the development of tourism according to law and the administration of tourism according to law. Based on the current laws and regulations of tourism resources and the construction environment of the legal system of tourism resources, this paper constructs the legal system of tourism resources in China, and takes the Tourism Law as the basic law. It consists of laws, administrative regulations, department regulations, normative documents, national standards, industry standards, international conventions and other legal norms. Although the legal system of tourism resources in China has been initially formed, there are still some problems, such as the disharmony between legal regulations and real life, the disharmony of legal norms system, the disharmony of legal hierarchy system, and the disharmony between the making of laws and the implementation of laws. To establish a harmonious legal system of tourism resources inside and outside, we should perfect the relevant legislation from four aspects: adaptability, systematization, hierarchy and applicability, integrate and coordinate the internal and external relations of the legal system, and perfect the legal system of tourism resources in our country.
【作者单位】： 中国海洋大学管理学院旅游系;
【基金】：国家社会科学青年基金项目“中国沿海地区旅游产业结构与旅游产业集聚关联机理研究”(编号:12CGL059)
【分类号】：D922.294
本文编号：2306736
[Abstract]:There are many problems in the management of tourism resources in our country. The insufficient construction of the legal system of tourism resources is not only the important reason leading to these problems, but also the fundamental means to improve these problems. The construction of the legal system of tourism resources is not only an important content of the construction of tourism ecological civilization, but also an effective way to promote the rule of law in an all-round way and to realize the development of tourism according to law and the administration of tourism according to law. Based on the current laws and regulations of tourism resources and the construction environment of the legal system of tourism resources, this paper constructs the legal system of tourism resources in China, and takes the Tourism Law as the basic law. It consists of laws, administrative regulations, department regulations, normative documents, national standards, industry standards, international conventions and other legal norms. Although the legal system of tourism resources in China has been initially formed, there are still some problems, such as the disharmony between legal regulations and real life, the disharmony of legal norms system, the disharmony of legal hierarchy system, and the disharmony between the making of laws and the implementation of laws. To establish a harmonious legal system of tourism resources inside and outside, we should perfect the relevant legislation from four aspects: adaptability, systematization, hierarchy and applicability, integrate and coordinate the internal and external relations of the legal system, and perfect the legal system of tourism resources in our country.
【作者单位】： 中国海洋大学管理学院旅游系;
【基金】：国家社会科学青年基金项目“中国沿海地区旅游产业结构与旅游产业集聚关联机理研究”(编号:12CGL059)
【分类号】：D922.294
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