作　　者： ;

机构地区： 暨南大学

出　　处： 《旅游学刊》 2015年第5期74-84,共11页

摘　　要： 文章旨在通过内容分析法梳理与研究我国旅游法律法规条文中社区参与旅游的权利。研究发现，社区参与旅游发展的权利仍未完全得到法律保障，社区参与的主体地位在法律法规层面上尚未确立。主要体现在5个方面：当前旅游法律法规以部门规章为主，法律层级和法律效力较低，适用范围较窄；尚未或者较少在立法宗旨和专门章节或条目上体现社区参与旅游的内容；在保障社区参与的政治权利与经济权利方面尚存不足；在促进当地居民社会增权与心理增权方面仍须完善；部分法律法规重于社区责任和义务的强调而轻于相应权利的赋予。为此，就我国社区参与旅游权利的立法层次、宗旨、内容等方面提出了探索性的建议。 The paper aims at seeking out the legal rights of a local community on participation in tourism by content analysis of tourism laws and regulations in the context of China. The results reveal that rights of a local community are given inadequate legal protection, and their dominant role in the process of tourism development has not yet been established in law. First, large bodies of Chinese tourism laws and regulations are made up of rules and regulations that are issued by different departmental authorities, thus they have relatively low effects and limited applicability in practice. Second, current tourism laws and regulations have generally neglected concerns of local community development by their purposes and principles of legislation. Likewise, there are no separate chapters or articles to specifically address community issues. The subjective vews and needs of local communities and their residents are totally ignored at the legal level. Third, the current tourism laws and regulations are still far from the assurance of political and economic rights of local communities for participation in tourism. In respect to political rights, although local community are granted tourism planning suggestion rights, there are still a lack of procedural rules for community participation in tourism development decisions, planning, management and monitoring. In terms of economic rights, resources or attraction property rights of a local community and their priority rights concerning tourism employment and operations are still not confirmed by law. Fourth, in terms of social and psychological empowerment, though many articles from current tourism laws and regulations facilitate this for local communities, the emphasis on controlling community population size and restricting residents＇ activities may cause the opposite effects. In addition, community rights of receiving education and training have not been confirmed by law, which are vital for local residents to develop their capability in tourism participation as well as ps

关 键 词： 旅游 法律法规条文 社区参与 权利 内容分析法

分 类 号： [F59]

领　　域： []