Research On Deficiency And Perfection Of Legal Systems On National Forest's Management

National forest is the strategic resource of our economic and social development, and managing national forest by law is the important sector of our modern forestry construction. Although it is successful to manage national forest by law, there are some besetting obstacles such as not smooth system of operation and management, excessive administrative intervention and so on, which have conditioned the sustainable development of our national forest. So it is the magnitude guarantee of national forestry rights reformation to explore the managing national forest by sound legal system. This study is to supply theory support to managing national forest sustainablely, meeting the demands to national forest in market economy and advancing the development by strides from traditional forestry to modern forestry by constructig the lost legal management systems of national forest and perfecting present legal systems.This paper defines legal management of national forest as apractice process in which state organs, state-owned enterprises, other economic organizations and individuals coordinate or deal with manpower, material and funds involving sustainable managing and maintaining national forest on the basis of powers and duties, rights and obligations entrusted by laws and regulations such as Forest Law and so on.First, this paper briefly retrospects the course of evolution of the systems of national forest management, which tells us that forestry laws and regulations play a very important role in the course. Evolution goes on, but the systems are unsound in the followings:limited design of relative legal systems, lacking related legal systems, conflicts of relative legal norms, lacking legislative idea of national forest development, and impact assurance mechanisms of effective enforcement of systems, which is a bar to the management and protection of our national forest and sustainable development of national forestry economy.Second, quantitative anlysis methods, such as fuzzy comprehensive cluster analysis and so on, are used on the implementing effects of national forest management by law and on the causes of the institutional lack, it is found that mainly five kinds of factors influence the implementing effects of national forest law. And the reasons that cause the lack of the legal systems of national forest management are the lack supply of the systems, the path dependence of the systems, the insufficient demand of the systems and so on. Based on this, this study puts forth the countermeasure systems which perfect management system of our national forest by constructig the lost legal management systems of national forest and perfecting present legal systems, which forms the important conclusions and innovation main body of the study.Third, to construct the legislative system of national forest management is brought out. They include National Forest Operation and Management Law, which takes ecological benefit first as value orientation, and it's about the systems of national forest operation and management, prevention of risks, financial incentives, legal liability and so on; Forest Resources Property Assessment Law, which looks credit principle as basic guide, is about the systems of supervision on evaluation to national forest, evaluation criterion of property, market access and so on; Law of Forest Insurance, which takes promoting sustainable development of forest insurance as value oriention, is about the systems of policy-related forest insurance, special fund, insurance legal proceedings and so on.Fourth, some suggestions are put forth to perfect the exact legal systems of national forest management, which include mainly establishing cross-departmental system of national forest investigation and monitoring t; clearly specifying national functions, perfecting the ownership of national forest land; clarifying the ownership of resources under trees; improving the legal systemof.usufruct and conversion; perfecting the system of secure real right, improving the registering system of ownership and obligation; perfecting the ecological benefits compensation systems and so on.Last, assurance mechanisms of legal management systems of national forest being implemented effectivrly are put forth. They include:fair disputes solving mechanism and vast public participation mechanism, democratic decision-making mechanism and powerful enforcement mechanism, inter-departmental coordination mechanism and extremely effective administrative supervision mechanism, perfect law supervision mechanism and so on.It is a long, complicated and difficult system engineering to establish a perfect legal management system of national forest. As society advances and makes progress unceasely, the legal system must be established and perfected. This study will help to make up the drawbacks of the management systems of national forest in our present forest law system, and will also help to provide theoretical proposals to promoting sustainable development of national forest, raising governments'efficiency of governing national forest resources, regulating high efficiently national forest.