依法治国理念下乡村旅游发展模式辨析

On the Development Pattern of Rural Tourism Under the Notion of Ruling by Law

在"依法治国"理念下审视"政府主导、(乡村)社区参与"这一人们习以为常的乡村旅游发展模式颇成问题,它既不符合依法行政原则,又有违依法治国理念,实际上是一种违法行为,应该予以纠正。根据宪法和有关法律、法规、规章的规定,乡村旅游在中国属于村民自治事项,理应由乡村社区"主导",各级政府积极"参与",而不是相反。本着"依法治国"理念,在发展乡村旅游过程中,政府需要转变职能、依法行政,变包揽一切的"主导"为积极地"引导"、合法地"指导"和有效地"规范",以使乡村旅游健康有序发展。

Under the concept of ＂governing the country by law＂, the popular developing pattem of rural tourism, which is ＂directed by government and participated by rural communities＂, is quite problematic. On the one hand, it is not coordinated with the lawful administration, on the other hand, it violates the concept ＂goveming the country by law＂. Therefore, it is an unlawful behavior and should be corrected. According to the Constitution and relative laws, regulations and principles, rural tourism should be under the villagers＇ autonomy. It is reasonable that the communities in the villages dominate the rural tourism, and governments at all levels participate it, not the opposite, During the development of rural tourism, with the concept of ＂goveming the country by law＂ in mind, the government should transfer its function, manage the affairs by law, promotes the healthy and smooth development of rural tourism through its active induction, lawful guidance and effective correction.