| As the reiteration in the President Xi's Report at 19 th CPC National Congress,in order to sustain the Chinese nation's development,it is vital to act on the ecological understanding that ?lucid waters and lush mountains are invaluable assets“,and to realize the modernization by which ?the harmonious coexistence between human and nature“ is ensured.Building an ecological civilization in the New Era dictates the balanced and adequate well-rounded human development to meet peoples' ever-growing demands for material and cultural wealth,and also for a beautiful environment.In the duration of amending Forestry Code and improving the tenure of collective forest,the challenging dilemma that,in addition to promoting the productivity of forestry industry,and also corroborating an enduring exploitation,has been attributed to the duplicity of forestry production,in which the ecological value characterized by ?lush mountains“,coheres synchronically with the economic value in the formality of ?invaluable assets“.The ecological ethic in New Era awakening the dormant Marxism theory of well-rounded production,which emphases the holistic development of social productivity and natural productivity as to rationalize and advance the metabolism in the linkage of nature and human beings,should upholds the jurisprudence underpinning the legal system pertinent to forest tenure.Under the guideline of socialistic ecological philosophy,this research on forest tenure argues that,it should be indispensable:a.To legislate the forest tenure.In the background of socialistic public ownership on forestry treasure,establishing private property rights adapting to the socialistic market economy should be beneficial to adjust the social productivity to arrange natural productivity.On one hand,clearly defined forest tenure could interiorize the cost and profits arising from forestry management,and regulate rights holder to evaluate their activities impacting on the natural productivity responsibly.Therefore,this research proposes to catalog the non-hewing forest usufruct to merchandize the productivity on carbon sinking,and to impel right holders managing and protecting public welfare forest.On the other,constructing tradable forest tenure could encourage effective allocation and organization of social productivity,and convert natural productivity into reality.With this,the thesis advocates to speed up improving the system of separating the ownership rights,contract rights and management rights for contracted rural land,and to achieve the goal of rural land reform for liquidating the collective forest treasure by enduing the incidents of mortgage and shareholding.b.To regulate the forest tenure.The same as other natural resources,forests acting as the abundant storage proffering sustenance for the existence and labor,limit the capability of human race to restitute the nature.Forest,as the provenance of subsistence and the location for the livelihood of humankind,has been generally premised by the natural energy exchanges between human beings and the environment.From the standpoint thereof,this research opines that by moderately negating the excludability in forest tenure,the rights of entrance into forests should be codified into the amendment of Forestry Code.Thereby,not only the natural human rights of gleaning wild plants and intimating the natural surrounding could be secured,but also the(re-)production of physique and mentality would be robustly boosted.Furthermore,incarnated as the reproducibility of forests under the caretaking of forestry practitioners,the(re-)productivities of the manmade nature precondition the human capacity of forestry management and operation.Thus,this study suggests by no means to dismantle the institution of cutting limits and their permits,but rather to improve this law in actions by implementing the due process such as the publicity of the permits-making procedure,and accruing the assessment of the impact of timber felling(re-forestations)on environment,wherefrom the forestry activity of humankind could be regulated,and the rules of(re-)production of forests themselves would be observed.In order to fulfill the demonstration of these argumentations mentioned above,except the bibliographic and methodological preparation narrated in Chapter I,the main body of the thesis consist of 5 partitions:In Chapter ?,the ecological philosophy of this research has been clarified.Main tasks of argumentation include trailing the theoretical resources of Marxism on nature and Red-Green Critiques by contemporary left-wing scholars,analyzing the evolution of the philosophy on ecological civilization in the collaboration with construction practices of the socialism with China's characters,summarizing the socialistic ecological ethic into a notion with four layers and a complex of five facets,and also notifying the updating requirements for the improvement of lawmaking echoed to the motto of ecological civilization in New Era,which has been expounded as to restore the well-rounded development of social and natural productivity.In Chapter ?,the purpose of the construction of forest tenure has been proved.After retrieving the evolution of forest property schemes and describing the present situation of forest property rights,this research has disclosed the similarity between the Marxism metabolism and the notion of sustainable forest management.The defection of forest property rights and their necessity to reform has been discussed in comparison with the newly adopted forestry management notion guided by the dialectic historical materialism.In Chapter ?,the legal definition of forest tenure has been set.In this section,the heated debate on the definition has been attributed to the obscurity on the function of forest tenure.The public ownership on forests secured by the Constitution could ecologically contradict the metabolic rifts generated from capitalistic production.In the aspects of ecological civilization and rule of law,establishing forest tenure by separating the usufruct from public ownership could digest the negative externality, a.k.a.environmental blunders caused by clumsy allocation of public properties.In Chapter ?,the improvement of forest tenure has been proposed.Under the condition of socialistic market economy,to institute clearly defined and conveniently tradable private property rights would by all means assist humankind to creatively manipulate natural productivities.In this section,this research advised to catalog the contents of forest usufruct,to reset the incidents and the liquidate module of usufruct on forest land owned by the nation,and also to accumulate the sub-contract management rights over the precedent ones for promoting liquidation of contracted rural forest land.In Chapter ?,the restriction over forest tenure has been installed.Social productivity should be at the same time restrained by the(re-)productivity of nature.This law of nature should be obeyed in the process of forestry management,and be legally reflected in the top-level design of the legal system regulating the construction of ecological civilization and ultimate resolution to the predicament of common goods,which should conform to the spirit of constitutionalism.In this section,the research suggests to implement rigorous environmental rule of law,such as legislation the right of entrance into forests and improvement of timber fell permits. |
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