A Study On The Legal Management System Of Nonpublic Forestry

With the deterioration of the global ecological environment, every country in the world attaches more and more importance to forest resources in protecting the ecological environment. All governments have taken various measures to increase extent of forest resources, and forest resources play important role in improving the environment, regulating climate and the conservation of water. China is a poor country in the forest resources. So our China important tasks of current forestry are expanding forest resources, improving forest cover and giving full play to the three major benefits of forest resources. In order to achieve quickly the development goals of China's forestry, the state proposes great efforts to develop non-public forestry, and fully mobilizes all sectors force of society into the building of forestry policies. Nowadays, the problems that China urgently needs to resolve are to guarantee health development of the non-public forestry, to protect legitimate rights of the planters and to steady achievement of forestry reform, whereas solutions of those problems need the adjustment and regulation of law.Non-public forestry laws management system is a series of specific adjustments and rule of law non-public forestry action and means established down by the relevant laws, administrative regulations, administrative rules and local legislation. The theoretical basis of legal management system in non-public forestry has four aspects:the limited separation theory of property rights, theory of system vicissitude, theory of real-rights and classification management theory of forestry. These are importance for theories in non-public forestry.China's legal management system of non-public forestry experienced five stages:hand out trees to individuals during land reform, distribution forest to commune during agricultural co-operation, forest collective and unified operation during people's commune, forestry "San Ding" of collective forest rights reform and the deepening of collective forest rights reform. Nowadays, from the view of current state of legal management system in non-public forestry, the main problems in legal management system of the non-public forestry are:imperfect protection legal system of real-rights and forest rights in non-public forestry, insufficient transfer law management system of non-public forestry, operation and management legal system of current forestry restricted the development of non-public forestry, the absence of forest conservation legal system in non-public forestry, lack of external protection mechanism of legal management system in non-public forestry. In order to solve these problems, we should reference the advanced experience of foreign countries, besides of understanding domestic situations. The United States, Finland and Japan belong to advanced countries in the legal management system of private forest. It is worthy to the legal management system of China's non-public forestry:a stable forest rights, a perfect legal system, efficient management system and operational mechanism, classification operation policies adapting to development of forestry, improving the legal system of forest insurance and supporting policies of promoting the development of private forestry by government.In improving the legal management system of non-public forestry, first the basic principles of legal regulation system of non-public forestry should be made clear. The principles of sustainable development of forestry, protection of non-public operators with the legal rights and interests, the principles of stability and continuity, and efficiency first taking into account the principle of fairness are essential. Establishing the basic principles guides the design of the legal system. China urgently needs to establish law management system that perfects the legal system of non-public forestry property rights as the core and takes the legal management system of transfer rights of non-public forestry, non-public forestry management legal system and the non-public ownership of forestry resources protection as main contents. The legal system of non-public forestry property rights is the foundation and core of the non-public forestry legal regime, which is both necessary and feasible. The establishment of forestry property rights should be a clear scope of the subject. From the perspective of property rights system, non-public forestry property rights system includes non-public forestry ownership, non-public forestry unsufructuary right and security interest in non-public forest. The forest ownership transferring legal management system is an important legal management system in the non-public forest management, which has important practical significance in the protection of non-public forestry operating rights. The transferring of forest ownership should follow the right of the main forestry, object and procedures. Non-public forest management legal system is an important guarantee for the implementation of the franchise. The different categories of ecological forest and commodity forest management should be distinguished. National purchases, compensation system and commercial forest harvesting reporting record should be implemented in ecological forest. Non-public forestry legal system is an important means of protection forest resources from damage. With the deepening of forest tenure reform, forest fire prevention, forest pest and forest insurance system must be innovative. In addition, from law enforcement in terms of the external environment, a sound legal and non-public forest management system is necessary to established in order to ensure the smooth implementation of the management system. The external security mechanism mainly includes administrative guidance mechanisms, and economic incentives and social service mechanism.