ABSTRACT
This chapter examines the role of judiciary in adjudicating protected areas-related disputes. It discusses the status quo of conservation-related lawsuits in China. Chinese law is reflected in the shift of fundamental principles, the formulation of designated-use hierarchy and the adoption of legal instruments on both substantive and procedural grounds. Although a preliminary normative framework is established in law, the real problem in China does not lie in legal expression but rather in legal practices. Instruments such as ecological compensation, public participation and community-based management have been adopted. The Regulations are the latest administrative regulations by the State Council on nature reserve management. The initial concern is to reconcile the conflicts between nature reserve protection and the desires of local governments to construct large-scale projects and develop the tourism economy. Ad hoc law-enforcement campaigns in the fields of Scenic and Historic Areas (SHAs) and nature reserves demonstrate the chronic problems of translating conservation law into practice.
