关键词: 编制, 自然保护区, 条例, 实施办法, 立法细化

Abstract

Backgrounds: The newly revised Regulations of the People’s Republic of China on Nature Reserves have come into effect. The Regulations authorize provincial-level governments to formulate supporting implementation measures in light of local conditions. Promptly promulgating provincial-level implementation measures is a rigid institutional arrangement for ensuring that the new Regulations take effect on the ground, rather than an optional initiative. 

Contents: This paper elaborates on the practical necessity of drafting provincial-level Implementation Measures and clarifies their functional positioning. On this basis, it identifies the core issues that require focused refinement and improvement in drafting the Implementation Measures, including the division of law enforcement powers and responsibilities, clarification of operational procedures, and refinement of the benchmark for administrative penalty discretion standards. It also systematically reviews the provisions in the Regulations that suffer from ambiguous subject attribution of powers and responsibilities and unclear implementation pathways. 

Recommendations: Specific schemes are proposed for the division of authority between the two types of law enforcement entities, with the basis for such division articulated. Finally, relevant suggestions for improving supporting institutions are put forward, so as to provide practical references for provincial-level governments in drafting high-quality Implementation Measures.

Key words: formulation, nature reserve, regulation, implementation measures, legislative refinement