| Among natural disasters which result in decrease of plantation and deterioration of land resource, except desertification and salinization well known by us, there is another kind of disaster-oak desertification also called "The Earth Cancer" which erodes 2500 square kilometers of land per year. Besides natural factors, over exploitation of land by human being is the main cause of formation of oak desertification. The basic reason why oak desertification becomes a severer natural disaster than desertification is a lack of institutions on planning of natural resources and statutes for controlling, resulting in ambiguity of rights and obligations on utilization of natural resources. Meanwhile, control of oak desertification is also facing a good chance for development. 17th CPC National Congress proposed a strategic objective of building conservation culture with definite requirement of enhancing oak desertification control and promoting ecologic rehabilitation. China has raised the prevention and control of oak desertification to an unprecedented level. Solution of problems in the process of control relies on laws and regulations to make clear rights and obligations of the counterpart. However, laws and regulations on control of oak desertification are almost blank. Thus, the author demonstrates feasibility of legislating to control oak desertification in the papers and starts to explore and study legal Countermeasures in the hope of making contribution to oak desertification control.The paper has three parts.The first part begins with the status quo of oak desertification in China, which illustrates its cause and danger, analyzes and selects its concepts, and adopts the viewpoint that oak desertification equals land desertification, and makes a systematically review of China's laws, regulations and policies toward prevention and control of oak desertification. Global distribution band is from the central part of Britain to the Mediterranean Sea, then to the Middle East and Southeast Asia which has sub-tropic or Mediterranean climate. It shows from scientific research findings that China suffers greatly from oak desertification and there is no mode to borrow.The second part is about analysis on historical evolution and legal issues on prevention and control of oak desertification. It introduces experiences, policies of different time and research findings in Chinese history of oak desertification control, and summarizes the works of study on prevention and control of oak desertification in history. The third part is author's assumption and innovation on preventing and controlling oak desertification from legal perspective. Demonstrating respectively from perspectives of legislation and extending legal explanations, the author advocates the state council should immediately made particular administrative regulations of control, accumulate experience in the practice and national congress should review and update them to law at a proper time. This not only accords with legislative regulations but also can solve the problem of indefinite rights and duties in the process of controlling oak desertification. The papers support ecologist legislation with protection of ecologist environment and sustainable development as the starting point. Its significance to reality is to make laws to protect destroyed ecologic environment and prevent plantation area and quality from decreasing. In the past, we adopted a passive way of final control, destroying first and controlling at last. Controlling cost is much larger than preventing cost. In some vulnerable regions, ecologic environment can never be restored after destroyed. Administrative legislation on control of oak desertification is a practice of sustainable development which changes passive final control to active preliminary prevention.
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