The National Park Law, which came into effect on January 1, 2026, has corrected and confirmed many matters. In particular, it gives appropriate answers to three key issues: the functional positioning of national parks, ecotourism, and the interests of existing residents. It precisely fits the practical needs of national park construction, properly balances the demands of all stakeholders, and plays a decisive role in clarifying understanding and setting the record straight.
Issue One: What Is the Functional Positioning of National Parks?
National parks are not uninhabited areas, nor are they simply stricter nature reserves, and they are certainly not leisure parks used only for sightseeing. A national park is a multifunctional complex. The National Park Law stipulates that a national park is a specific land or sea area established mainly for the purpose of protecting nationally representative natural ecosystems and realizing the scientific protection and rational use of natural resources. It can be seen that the main purpose of national parks is to protect natural ecosystems, with ecological function as the leading function, while also taking into account the rational use of social and economic functions. Compared with previous documents, the National Park Law differs in its expression of the concept and philosophy of national parks. While retaining the principles of “ecological protection first, national representativeness, and public welfare for all,” it adds “coordinating protection and development.” In terms of protection intensity, the previous expression “the strictest protection” has been changed to “strict protection,” and the law clearly proposes achieving the unity of ecological protection, green development, and livelihood improvement. This shows the importance attached to functions beyond ecological functions and confirms the leading-plus-coordinated multifunctional positioning of national parks. Ecological protection is the primary task of national parks. On the premise of giving full play to ecological functions, secondary functions such as social, economic, and cultural functions should be advanced in coordination. Therefore, the following specific implementation measures naturally follow.
First, the concept of “ecological protection first” should run through the entire process of national park construction. “First” refers to the order reflected in comparisons of priority, importance, scale, quantity, and other aspects. The concept of “ecological protection first” is highlighted throughout all parts of the National Park Law and the whole process of national park construction. The National Park Law contains 63 articles in total, in which the word “protection” appears 69 times and the word “ecology” appears 52 times. Ecological protection is the most important work of national parks. In provisions concerning national park planning, selection, establishment, system building, activity arrangements, public participation, and sharing, natural ecosystems are regarded as the most important and fundamental element, and ecological function is taken as the first goal to be considered.
Second, national park management reflects multi-departmental participation, multiple responsibilities, and multiple objectives. The National Park Law stipulates the establishment of a government-led mechanism with multi-party participation. Relevant departments under the State Council, such as natural resources, ecology and environment, water administration, agriculture and rural affairs, are responsible for supervision and management related to national parks within the scope of their respective duties. National park management institutions are responsible for the protection and management of each national park. Local people’s governments where national parks are located perform duties such as comprehensive coordination of economic and social development, public services, social management, market supervision, disaster prevention, and disaster reduction within their administrative regions.
Third, in defining the boundaries of national parks, efforts should be made to establish integrated ecosystems conducive to multiple functions. The National Park Law fully draws on the experience of national park pilots and construction over the past decade. It adheres to the principles of seeking truth from facts and scientific rationality in defining the boundaries of national parks. These areas include not only natural ecosystems, but also existing residential communities and enterprises. However, the law also requires classified disposal, orderly withdrawal, reasonable compensation, and other work in accordance with laws and regulations for development and construction projects within proposed national park areas that do not meet control requirements. The intention is to protect the already formed harmonious coexistence between people and nature without damaging ecological functions.
Fourth, regional control within national parks takes into account the performance of multiple functions. National parks are divided into core protection zones and general control zones. Sufficient ecological space and production and living space are reserved, providing land-resource guarantees for various functions. At the same time, detailed provisions are made for human activities in the two zones, demonstrating the wisdom of functional control based on local conditions, differentiated zoning, distinctive features, and coordinated progress.
Issue Two: How Should Ecotourism Activities Be Carried Out in National Parks?
National parks include nationally representative natural ecosystems, natural landscapes, natural heritage, and diverse species. They have extremely high ecological aesthetic value and cultural and educational value, as well as strong tourism appeal. In addition, national parks uphold the concept of public welfare for all and build a mechanism of social sharing, which will inevitably promote the development of tourism activities in national parks. This has raised concerns about the contradiction between large-scale tourism activities and ecological protection, as well as tourism reception and management capacity. In response, the National Park Law adopts a prudent approach and makes targeted arrangements for the designation of tourism areas, the control of tourism activities, and the guarantee of tourism experiences.
Tourism activity areas should be limited. The National Park Law stipulates that public service activities such as science popularization, ecotourism, education, culture, and sports are allowed in general control zones of national parks. This defines the legal areas for tourism activities, narrows the scope of tourism impact, and avoids conflicts between ecological protection and tourism activities. At the same time, the law stipulates that human activities are prohibited in core protection zones of national parks, except for activities otherwise provided for by laws and administrative regulations or approved by the State Council. This provides legal space for low-disturbance human activities that ecosystems can self-repair after sufficient ecosystem restoration in the future, showing both forward-looking awareness and practicality.
Necessary facilities and equipment should be provided. The National Park Law stipulates that necessary auxiliary facilities and equipment should be provided in general control zones of national parks to support relevant public service activities such as scientific research, science popularization, ecotourism, education, culture, and sports. The emphasis here is on “necessary” auxiliary facilities and equipment, meaning that such facilities should be neither excessive nor insufficient, but should meet the essential basic conditions required for tourism activities. Appropriate facilities and equipment can meet the needs of tourism activities without harming ecosystems, easing concerns about ecological protection and tourism reception capacity.
Management and services should be strengthened. The National Park Law stipulates that national park management institutions should strengthen visitor management and services, reasonably determine visitor capacity, clarify visitor behavior rules, provide necessary barrier-free services in accordance with relevant national regulations, and improve mechanisms related to visitor safety guarantees and emergency rescue. No sightseeing or tourism projects inconsistent with protection objectives may be established within national park areas. Tourism activities are both regulated and managed, with ecotourism activities kept under control, while services are guaranteed and visitor experience is fully taken into account, allowing tourists to visit with confidence, enter with pleasure, and leave with satisfaction.
Issue Three: How Can National Park Construction Take into Account the Interests of Existing Residents?
China’s national park construction is guided by Xi Jinping Thought on Ecological Civilization, follows the concept that lucid waters and lush mountains are invaluable assets, adheres to a people-centered development philosophy, and attaches great importance to the livelihoods and well-being of existing residents. The National Park Law mentions existing residents in many places, clarifying responsibilities and safeguarding their interests at the legal level.
Planning safeguards. The National Park Law stipulates that when preparing the overall plan for a national park, opinions from relevant parties should be widely solicited, in-depth demonstration should be conducted, and arrangements should be made for the production and living activities of existing residents. Planning fully considers the interests of existing residents and makes comprehensive arrangements for both production and daily life.
Regional arrangements. The National Park Law stipulates that necessary production and living activities of existing residents may be carried out in both core protection zones and general control zones of national parks. Public service activities such as science popularization, ecotourism, education, culture, and sports are allowed only in general control zones. By comparison, the areas available for the production and living activities of existing residents are broader. This fully respects the habits of existing residents, protects traditional customs and folk practices, safeguards their land-use rights, and ensures that necessary production and living activities can proceed smoothly. In addition, the National Park Law also stipulates that the production and living activities of existing residents within national park areas should be carried out on the premise that they do not exceed existing scale and utilization intensity and that production and living conditions are reasonably improved. Where it is truly necessary for existing residents within national park areas to relocate according to protection and management needs, relevant local people’s governments shall make proper resettlement arrangements. Limiting the scale and intensity of existing residents’ production and living activities within a reasonable scope helps guide production and living patterns in which people and nature coexist harmoniously and avoids ecological risks caused by excessively broad activity areas. Moreover, the law adopts dialectical measures, allowing some residents to stay and some to relocate, fully demonstrating its fairness and thoroughness.
Consultation and participation. The National Park Law stipulates that national park management institutions should strengthen cooperation and coordination with local people’s governments where national parks are located, strengthen communication and consultation with existing residents, rural collective economic organizations, residents around national parks, enterprises, and others within national park areas, and guide and support them in actively participating in national park protection and providing ecological products and services consistent with national park protection objectives. Surrounding communities should be reasonably built in accordance with territorial spatial planning. For collectively owned land and its affiliated resources included in national park areas, the rights and interests of rights holders should be protected in accordance with the law, and relevant stakeholders should be guided to participate in national park construction and protection in diversified ways (Article 39). Through methods such as “communication and consultation,” “guidance,” “support,” and “encouragement,” the law seeks a balance between ecological protection and the interests of existing residents. This is better than relying solely on compulsory measures, avoids crude and simplistic approaches, and shows the warmth of the law.
Reasonable compensation. The National Park Law stipulates that for development and construction projects within proposed national park areas that do not meet control requirements, classified disposal, orderly withdrawal, reasonable compensation, and other work should be carried out in accordance with laws and regulations (Article 13). Where personal injury, death, crop losses, or other property losses are caused by wildlife under legal protection within national park areas or other terrestrial wildlife that causes serious damage, compensation shall be provided by relevant local people’s governments in accordance with the law, and the related funds shall be subsidized by the central finance according to regulations (Article 48). The establishment of a compensation mechanism can make up for losses to the interests of existing residents, thereby encouraging ecological protection behavior and maintaining the sustainable development of national parks.
Employment promotion. The National Park Law stipulates that ecological conservation posts established by national park management institutions according to ecological protection needs should give priority to employing local residents. Existing residents within national park areas are encouraged to participate in operational services carried out within national park areas. This is a tangible livelihood measure. It teaches people how to earn a living and has positive and far-reaching significance for helping existing residents prosper through hard work and improve their lives, effectively resolving the contradiction between ecological protection and residents’ livelihoods.
In summary, the National Park Law gives appropriate answers to the three key issues of national park functional positioning, ecotourism, and the interests of original residents. It ensures that there are laws to follow and will certainly help unify thinking, build concerted efforts, and promote high-quality national park construction. (Zhang Decheng)
(Source: China Green Times)