Reconstruction Of The Legal System Of Public Welfare Forest Ecological Compensation

Non-profit forests play an important role in the construction of ecological civilization in China.In the supply of ecological public goods,non-profit forests play an important port in promoting the transformation of China’s forestry to ecological forestry.The characteristic of ecological forestry is that the forest is regarded as a whole.The existence of forest not only meets the needs of wood production,but also needs to meet the maintenance of the balance of the ecosystem and the diversity of the landscape.The first article 1 of the newly revised Forest Law is to clarify the "Two Mountains" theory of General Secretary Xi as the legal principle of the Forest Law,especially in the management of Chapter VI of the Forest Law.The concept,scope,management,protection,and logging of public welfare forests are introduced in detail,which showsthat the strategic position of public welfare forests in the construction of ecological civilization in China is very important.Not only has the country introduced a legal system for public welfare forests,but various regions have also issued regulations and policies for the protection of public welfare forests in order to increase the protection of public welfare forests from a legal perspective.Although the public welfare forests are compensated in various ways,in practice,the ecological compensation of public welfare forests has been severely disconnected from the actual situation of the construction of public welfare forests and has become a "bottleneck" restricting the development of public welfare forests.The reason is mainly caused by shortcomings in practice and theory.In practice,ecological compensation for public welfare forests has long been dissociated from the regulation and control of the legal system,and is mainly based on the administrative regulation of the project system.Among them,the source of funds for ecological compensation is mainly supported by the national finance and local finance.Insufficient research on ecological compensation theory.Because environmental law is an emerging discipline,scholars have not formed a consensus on some basic concepts and theories,and scholars often discuss from a macro perspective when conducting institutional research,and rarely focus on micro subjects That is,research on issues from the perspective of forest rights holders,such as how to pay public welfare forest ecologicalcompensation to forest rights holders,the legal basis for its realization and how to achieve compensation for forest rights holders are rarely mentioned.Because of the theoretical shortcomings of public welfare forest ecological compensation and the single form of practical compensation.If only relying on the government to use administrative power to promote public welfare forest ecological compensation measures,then in the long run,it is not conducive to the protection of public welfare forests.Therefore,it is necessary to discuss the problems of public welfare forest ecological compensation and even protection from the micro-subject level.The easement system in the Property Law therefore only partially restricts the use rights of service providers and does not detract from other rights of service providers.Therefore,it is gradually favored by people and has become the value of ecological protection and environmental economic value of public welfare forests.A powerful path for both.Ecological protection easements originated in the United States environmental protection easements system,because they can better adapt to the United States environmental protection and national conditions,so rapid development and rapid maturity,gradually introduced by the Anglo-American legal system and even the civil law countries.Ecological protection easements mean that in order to protect the ecological environment and the public interest,the state or localgovernment and public welfare organizations and other consignors sign an easement contract,and grant easements at the same time by restricting the easers ’land use.A special right system in which the right holder compensates in a certain form.Compared with the easement system in the Property Law,the ecological protection easement system has the following characteristics:(1)It has the dual attributes of environmental protection and economic value;(2)It is mainly established for the public interest;(3)Demand site People have characteristics such as uncertainty.Through the evaluation and analysis of the current public welfare forest system,the theoretical advantages of introducing the ecological protection easement system into the public welfare forest are combined with the current environmental protection easement system in forest protection in the United States for demonstration,and further from practical life The existing system and the actual needs of the ecological protection easement system feasibility analysis,comprehensively believe that the introduction of ecological protection easement system in China’s public welfare forest ecological compensation is completely feasible.Finally,the ecological protection easement system is conceived from the theoretical and institutional level.First,the legislative model of ecological protection easement is selected,and the ecological protection easement system is introduced into the forest law.Secondly,the ecological protection easement right is introduced.The system isstructured,the internal structure clearly defines the subject and object of the ecological protection easement,and the content,and the operation mechanism stipulates the duration of the ecological protection easement,the way of publicity and the method of obtaining extinction;In terms of supporting measures,the fiscal and taxation system is used to encourage the eco-protection easement system;a perfect daily supervision system is established to give full play to the operational efficiency of the eco-protection easement;the judicial guarantee for the operation of the easement is provided to protect Remedy for damage.