保护区重叠对贫困影响的法律分析——以云南三江并流区域为例

Legal Analysis on Impacts of Overlapping Protected Areas on Poverty——a Case Study of the Three-parallel Rivers of Yunnan Protected Areas

在我国,保护区重叠的现象时有发生。重叠的保护区增加了当地居民负担的成本,并减少了原有的益处,多数情况下,它加剧了保护区的贫困。三江并流区域是我国保护区重叠与极度贫困并存的区域,立法、管理体制、参与贫乏等缺陷导致了更多贫困进而环境损害随之发生。因此,健全保护区立法并引进包括生态补偿、社区共管、惠益分享在内的制度设计是缓解保护区重叠对贫困影响的有效法律路径。

Overlap of protected Areas happens here and there in China. Overlapping protected areas increase the costs and decrease the benefit of protected areas to rural people. In most cases, it worsens the poverty of local people. As a typical area of overlapping protected areas and extreme poverty, the Three-parallel Rivers Area of Yunnan Province in China is a good case in point. Legal and institutional defaults and exclusion of local participation caused by overlapping protected areas lead to more poverty, thereby environmental damages. Therefore, legislation reform and institutional design including ecological compensation, community co-management, and benefit-sharing in terms of ecological resources and traditional knowledge should be introduced when alleviating poverty caused by overlap of protected areas.