The Comparative Research On Forest Protection Law Between Japan And China

Starting from compared the system of Chinese forest protection law with Japanese , this article made a comparison between the construction s, the content of the " basic law " about forest protection - Forest Law and which of Forest. Basic Forest Law , and discussed several aspects about classified protecting forest system of two countries in detail and emphatically . First , both the system of forest protection law in china and that in Japan makes Forest Law as basic law , and they are consistent in three layers , which are law - administrative rules - department regulations formed a perfecter system of forest protection law . But the system of forest protection law in two countries existed larger difference in the quantity of basic law , the relation between basic law and other rules , the series of laws and regulations . Second , the basic object of basic protection law in two countries is consistent except the object of Japanese forest law more stressing the sustainable development capability of forest , but Chinese forest law do not put it forward as object definitely though it has some contents in this respect too. There are biger difference in constitution between two countries not only because the quantity of " basic law " in two countries is different, but also because they used different aspect when constructing law frame . Chinese forest law was divided into chapters and sections according to different types of forest protection activity , but Japanese forest law was constructed from aspect of forest plan and forest classification . And there are bigger distinctions on the definition of forest resource , the right of ascertaining forest type , the rule of legal responsibility and other about the basic forest protection law of two country . Third , in the aspect of classified protecting forest system , from ensemble there are bigger distance in the standard of forest classification , the right of ascertaining forest type and the proportion of forest classification . There exist difference among definition of natural forest, the way of protecting natural forest, the management of natural forest , the legal system about protecting ecological forest for public interest, the right of ascertaining about ecological forest for public interest, the managemental process of cutting limitation , the responsibility of violating the regulation about cutting limitation and so on. In brief , there are many similar parts between Chinese legal systems of forest protection and Japanese , especially there stronger similar relating some technical index . But two countries have bigger difference in constructing system of forest protection law because of the different system of ownership . we can say every system has its merits . The writer had compared and studied several questions about the system of forest protection law , wishing to use merits of other country for reference , and doing her best to work for the task of forest protection , though which may be tiny .