我国社区旅游参与的法律实践实证研究

An Empirical Study of Legal Practices in Community Tourism Participation in China

运用实证方法研究社区旅游参与,表明我国社区旅游参与并不仅仅是理论上的倡导,或仅为咨询式参与、伪参与,而是已存在的地方实践活动。四川省甘孜州盐源县泸沽湖镇博树村、云南梅里雪山雨崩社区和云南丽江市古城区拉市乡海北村恩宗三社3个旅游社区,通过全体村民共同参与制定规则,确立了社区旅游参与的自发机制。这种规则,从法律形式来讲可归入村规民约范畴。同时,旅游社区还利用合同协调内部及外部的旅游竞争关系或协作关系。克服村规民约有限性的办法就是制定国家法律,确立社区旅游参与的立法,要求政府及开发商必须在尊重社区利益,保证社区有效参与旅游的情况下进行旅游开发,赋予社区旅游参与权,保障旅游业的可持续发展,促进社区与旅游业的共同发展。

We use an empirical method to discuss community tourism participation in China. This indicates that participation in community tourism is not pseudo participation or just theoretical or in nature, but rather an established, practical, local activity. A spontaneous mechanism for community tourism participation has been established in three tourist communities. These communities are： Boshu Village, Lugu Town, in Yanyuan County, Garze, Sichuan; Yubeng Community, in Meili Xue Shan, Yunnan; and Enzong Community, Haibei Village, Lashi Town in Lijing City, Yunnan. These communities enjoy participation in community tourism and all villagers are able to contribute to the establishment of the rules of participation. These rules, in terms of legal procedure, can be included in village regulations and non-governmental agreements. Furthermore, the communities also use contracts to coordinate interior and exterior competitive tourism relations or cooperative tourism relationships. Community tourism participation activities have been established during the initial stages of tourism development. This is done without external pressure by way of rural rules and contracts established through spontaneous and voluntary behavior. However, these rural rules do not restrain tourism-related bodies from also participating in community tourism. Yet external tourism operators and the government make participation in community-based tourism somewhat fragile. This is because of the low legal force surrounding the rural rules, their narrow scope of validity, and a lack of effective support from the law. When tourism-related bodies begin to develop tourism activities and infrastructure the fragility of community participation in tourism is tested. Outsiders with large financial backing, experience in tourism operation and management, along with marketing information to upgrade and expand the tourism industry, can potentially push out community-based tourism along with its spontaneous cooperation. This leads to the gradual breakdown of community tourism participation. Therefore, spontaneous community participation is increasingly replaced by a compensation system that transfers fees for tourism resources, narrows the scope of community tourism participation, and reduces the intensity of tourism participation. Consequently, community problems become more prominent and may even escalate into direct conflict between communities and tourism developers. Thus, to overcome the limits of the rural rules, national laws are needed that cover community tourism participation. These should require the government and developers to respect communities＇ interests while developing tourism in tandem with effective community tourism participation. Moreover, the communities should be