风景名胜区旅游发展与农村社区居民权益受损分析——以樟江风景名胜区为例

ANALYSIS ON TOURISM DEVELOPMENT AT NATIONAL PARK AND ITS DAMAGE TO THE RIGHTS AND INTERESTS OF RURAL COMMUNITY RESIDENTS——A Case Study of Zhangjiang National Park,Guizhou

风景区旅游发展中农村社区权益的损害问题是当前旅游和法学研究中的薄弱领域,对其进行深入的研究对于促进社区参与和旅游可持续发展具有较为重要的实践意义。本文以贵州樟江风景名胜区为例,通过实地调查和访谈,从政治人身权利、经济权利和社会文化权利等方面梳理了风景名胜区农村社区居民的权益构成。并结合实地调研资料,阐述了土地征用、景区移民、旅游污染、旅游收入分配等对当地农村社区居民权益的损害问题。

Actually, tourism development can not only bring forth lots of negative impacts on economy, socio-culture and environment, but also damage the legal rights and interests of host community residents to different extents. It is common for the legal rights and interests of rural residents in and near tourist destinations of China to be damaged due to tourism development. But so far, this kind of negative impact has rarely been addressed in the light of law. Since 1990s, Chinese scholars have focused on two kinds of issues of fight and interest damage. One is caused by land exploitation near urban areas, and the other is from off-farm workers. The issue, caused by tourism development, of rights and interests damage of rural residents in and near tourist destinations is almost a blind area in the light of either tourism or law research society. Strengthening its studies can promote the theoretical study on tourism impacts, and also will be of great realistic significance in solving the issues in host destinations concerning the so-called three-nong problems, namely agriculture, countryside and farmers. With Zhangjiang National Park as a case, the paper aims to examine the legal right and interest that rural residents have in tourism development. Meanwhile, it attempts to unveil some common rights and interests damages by tourism development. The paper argues that host community residents should have diverse political, personal, economic, socio-cultural rights, and the legal rights and interests of local residents are damaged owing to various factors, including land exploitation, resident displacement, touism pollution, and unfair distribution of tourism interests as well.