Abstract:
The National Park Law of the People's Republic of China and the Ecological Environment Code have formally established the dual-control paradigm comprising the "core protected area and general control area" for national parks, marking a regulatory transition from "procedural approval and review" to "substantive zoning prohibitions." However, in practice, acts of illegal entry into prohibited areas such as unauthorized traversing and remote intrusions remain rampant. The core issue lies in the fact that legal practice has not clearly defined the normative connatation of "illegal entry." This paper systematically sorts out how zoning control and the reform of law enforcement powers in national parks affect the regulation of illegal entry, providing a systematic interpretation and normative reconstruction of three core concepts: "prohibition of human activities", "entry" and "prohibited areas". On this basis, it constructs a collaborative governance system from three dimensions: legislation, law enforcement and judicature. At the legislative level, it distinguishes the governance logic between the "negative list" for core protected areas and the "positive list" for general control areas, and clarifies the exclusivity of statutory exceptions and the functional transformation of approval procedures. At the law enforcement level, it refines tiered penalty discretion benchmarks, implements the principle of proportionality, and expands diversified accountability mechanisms including credit-based sanctions and public criticism. At the judicial level, it innovates the "big data and injunction" governance model, and realizes governance modernization through blockchain evidence preservation, intelligent enforcement of ecological restoration obligations and preventive injunctions. In terms of governance effectiveness, the management of national parks should shift from a simple "entry prohibition" to "regulated access", balancing ecological conservation with the public's rights to the ecological environment. This approach will provide both theoretical support and practical institutional frameworks for the development of a legal system for the protected area network, with national parks as its core.