摘要
作为生态旅游的主要载体,我国森林公园旅游资源的建设与开发在进入快速发展期的同时,在经营模式上也面临由传统"国有国营"的单一模式向公私合营的多元模式转型。特许经营是实现这一转型的必然途径。文章在分析现行法律规范的基础上,认为森林公园特许经营面临制度层面的规范不足,并对特许经营制度的具体建构以及后特许时期的政府规制作了探讨。
Forest park tourism drives eco-tourism, and the number of forest parks in China is increasing. The traditional nationally owned and operated＇parks cannot sufficiently meet the investment demands to construct forest parks, and the administrative monopoly results in inefficient operation. Thus, many different business models are being implemented to promote public-private partnerships. Under different franchise schemes, the government grants licenses to private businesses, and these licenses authorize businesses to assume all or part of the operational costs of a national forest park. This is advantageous because the government is able to select qualified and competent advisors who can provide appropriate public tourism services. Under such schemes, there are different proportions of public and private capitals, as well as varying degrees of ＂contracting out＂ of certain services. The goals of profit-driven enterprises are different from those of the government, which has a duty to ensure that public parks are available for use by all citizens. These often conflicting goals hinder privatization reform, particularly in the practice of franchise allocation in forest park operation, which has only been operating in China for a short period of time. Inadequate legal and institutional practices lead to many problems that result in over-exploitation of resources, environmental damage and even poor forest planning and construction. In this study, we propose a model that helps the government to select the right firms for private investment, and we provide options for the best operating conditions. Based on the analysis of existing legal obligations at central and local levels, we surmise that China＇ s forest park franchise schemes face insufficient legal resources. Over a period of 20 years, forest park franchise policies have changed from being prohibited to being allowed and are currently being heavily monitored with strict constraints. However, because different franchise models are available, and bidding and com
出处
《旅游学刊》
CSSCI
2013年第8期42-50,共9页
Tourism Tribune
基金
国家社会科学基金(10CFX019)资助~~
关键词
森林公园
旅游经营
特许
政府规制
forest park
tour operation
franchise
government regulation
