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Research On Legal Protection System Of Sustainable Forest Management Detailed Summary Of Papers

Posted on:2011-02-28Degree:DoctorType:Dissertation
Country:ChinaCandidate:M X ZhangFull Text:PDF
GTID:1103360308976749Subject:Forest management
Abstract/Summary:PDF Full Text Request
The sustainable management of the forest has attracted more and more attention. There are various studies on mapping standards and goals, development of relevant technologies and assurance of governmental policy. However, studies on how to set up legal security system in sustainable management of the forest are rather rare. The paper carries out study based on methods such as: history references study, on-site investigation, contrast analysis, systematic research and single-case analysis. The following are the major conclusions of the study.1. A country can't be a country without laws and people can't live without laws. It is the precondition of maintaining and developing the balanced forest ecology to manage the forest. Meanwhile, it is also the foundation in realizing ecological security and performing the strategy of sustainable development. It is applied as an effective way to protect forest resources and guarantee the sustainable management. Therefore, we should strengthen the punishing efforts to maintain social order in the forest.2. As one of the earliest experimental unit in China, Lin-an has carried out a series of measures in maintaining the sustainable management of the forest and made great achievements. It is the forerunner in the legislation and law enforcement in this field across the country. But there are still improvements to be made. Thus, researches and studies are needed to establish legislation in sustainable management of the forest.3. This study means to figure out some limitations in forest legislation in China. First, there is no enough integration of the goals and principles of legislation with the current development of the forestry. Second, the legislation level is too low. Third, the legislation ideology focuses too much on the natural value of the forest, underestimating its ecological and social values. Fourth, there is no enough propaganda of the laws which results in low social influence and little public participation. Fifth, the material evidence institutions are not developed fully, lacks universal identification standards and legal regulations.4. The study shows other problems as well. First, the number of law enforcement personnel is insufficient. Second, some law enforcement officers are not qualified. Third, the development of law enforcement agencies are not well developed, lacking coordination among agencies and division of functions. Fourth, there is government interference and law enforcement corruption in law enforcement. Fifth, the substantive law is too much emphasized and procedural law is underestimated in the law enforcement. Sixth, law enforcement funding and equipment are insufficient. Seventh, the supervision of law enforcement agencies is inadequate with unqualified law enforcement supervisors and inefficient law supervision.5. This paper proposes the concept of establishing forest law and achieving sustainable forest management learning from advanced experience of the foreign countries. A system that separates government from enterprise and integrates responsibility with power should be established. Laws and regulations should be improved. Continuity and stability of the law should be maintained. Efforts should be made to increase legal advocacy and public participation. The law should be effectively and strictly enforced. Supervision should be strengthened. It is crucial to strengthen the monitoring of forest resources and ecological conditions as well as grasp their growth and decline so that to provide accurate information for the government decision-making, community consultation and the public service.6. This paper proposes to build a complete vision of forestry laws and regulations from tree seedlings, plant quarantine, forest pest control, wildlife protection, forest fire,forest harvesting, forest management, forest classification management, ecological forest protection and management of forest ownership, forest certification and so on. It insists that we should update legislative idea, set a legislative priority of ecological ideology, focus on forest ecological benefits and social benefits, integrate the construction of modern forestry under the new situations and new needs with the actual situation, and strengthen the propaganda of laws and regulations.7. This paper puts forward that we should strengthen specific measures in the forestry administrative law enforcement, criminal law enforcement and law enforcement supervision. It stresses the need to change the law enforcement concept, strengthen law enforcement, increase law enforcement personnel training, improve the law enforcement level, and master related skills. We should also develop sound law enforcement agencies, implement comprehensive law enforcement forestry administration, improve enforcement procedures, strengthen law enforcement supervision by highlighting the legitimacy of the qualification of law enforcement personnel to prevent the occurrence of corruption in the legal system, improve supervision efficiency, step up enforcement of quality assessment, and improve evaluation criteria to punish the bad and reward the good in order to mobilize law enforcement initiative.8. The paper has done researches on forensic methods in measuring the forest area and timber volume. It also advocates specific identification methods should be taken based on different cases as to improve identification accuracy, uniform appraisal standards and provisions and set them in the law. Meanwhile, it recommends the establishment of forensic sciences institutions of forest cases at all levels to enhance the authority of identification results.9. It proposes innovatively to establish an index system to evaluate the effect of forestry law enforcement and has evaluated its effect by applying gray comprehensive analysis and AHP respectively for the first time. It presents the applying conditions of various methods and issues that should be aware of in evaluation. In the end, the paper evaluates the implementation of the country's forestry law in empirical areas and other areas across our country.
Keywords/Search Tags:Forest resources, Sustainable management, Legislation, Security system
PDF Full Text Request
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