Study Of Law And Regulation For The Ecological Benefits Compensation Of Public Forest

Forest, the principal part of land ecosystem, plays a very important role in improving environment and maintaining the balance of it. In the sustainable development of forest, the legitimate right of the forest operators still cannot be safeguarded, only because of the unperfected principle of compensation for ecological benefit of forest. In our country, many cases have taken place, in which the protection of ecosystem conflicts with the right of farmers. But the national law is still blank in this respect, which brings about great difficult to relative government departments to deal with this kind of cases. On the other hand, when the right of forest is infringed upon by the nation, it can not be compensated under the law, the negative influence brought about by which is very harmful to the development of forest, since this impedes the capital entering forest, meanwhile arouses the short-term action of operators.In finding the way to protect resources properly and to harmonize the relationship between resources protection and economic development, principle of compensation for ecological benefit of forest, as a micro-aspect of it definitely cannot be ignored. The principle is a synthesis of ecosystem, economic, and law, which requires consummate policy and law framework. Only proper principle and law, as well as rules of environment can ensure the requirement of environmental services.On the basis of ecology, property right theory, environment economics and law theory, this thesis analyzes the presence and development of principle of compensation for ecological benefit, analyzes the necessity and possibility of the principle from the perspective of practice, expatiate on the capital resource and management of the principle from the point of economics, and searches into the right, obligation and legal duty of the subject from law theory.The thesis is organized as follows:First, the significance of establishing the principle of compensation for ecological benefit of forest, and the research result, as well as development trend of the research, are introduced, and the some concepts related with the principle of compensation for ecological benefit of forest are defined, so that the research background and aim are specified. The final intention is to give some suggestion about principle and law to our nation in order to improve the principle of compensation for ecological benefit of forest.Second, the theory foundation of the principle of compensation for ecological benefit of forest is illuminated detailed. From the perspective of ecology, environment economic, law theory, and theory of sustainable development, the necessity of the principle is demonstrated. On the basis of the anatomy of this necessity, the cognition of it is developed.Finally, and most importantly, it is introduced that the realization and development of the way in which the government compensate financially for the benefit, as well as the specified of the law position. The national condition of the principle of compensation for ecological benefit of forest is evaluated. The condition and problems of the compensation for ecological benefitof forest is analyzed at length. What's more, the method to solve the problems is proposed, of which the key point is on the improving the principle of compensation for ecological benefit of forest.