On The Enforcement Of Forestry Administrative Law

With the deepening of our market economy and accession to the WTO, our forestry has its new orientation and tasks. Complete forestry legal institutions and the high-effect forestry administration are the basic demands of modern forestry for its healthy development, and are the important guarantee for the protection of forest resources and the improvement of ecological environment as well. In this article, I want to express assurance to environment law and the administrative law, white out my view to that system, in the nowadays , I press some idea structuring aspect of that system and improve it.The main body of a book is allotted for three chapters.The first chapter has set forth the characteristic and principle to the enforcement of forestry administrative law. The concept and current situation to the enforcement of forestry administrative law are analyzed. Enforcement of forestry administrative law belongs to enforcement of administrative law, referring to carries out the forest reserves administration activity, and carries out treatment on person who breaks the law according to forestry laws and statutes, regulations. Author describes the overall situation and the condition progressing enforcing the law in the forestry in the nowadays in this part on secondary entirety. Environmental protection work develops after probing unceasingly for more than twenty years, the same stuff having already taken form compares perfect legal system with operation way, our country joins the WTO, it is able to bring forward the new mission and the new request to environmental protection work the power working to environmental protection; The second is the characteristic of the enforcement of forestry administrative law. The law has legal, protracted nature, folk prescription, and mandatory forestry administration characteristic. The range of enforcement of law is a forest region in extensive agriculture , these many local places have been remote , traffic has fallen behind , information has been block-up , these characters have decided forestry administration to enforce the law range universality , disperse and conceal. Being enforced the law, the job brings along the new characteristic therefore; the last is principle of enforcement of law. It should follow the legitimacy and rationality two principles. It through the process of the forestry administration law enforcement, among them, legitimacy principle is host principle but rationality is that the person is complementary, legitimacy principle is rationality principle premise and basis, and rationality principle can only be impartial within legal range and accord with reason rationally.Second chapters discuss the existing problem of enforcement of forestry administrative law. These problems must be solved, existence hits the target in everywhere in law enforcement, reforms commonly. The first is a guiding ideology and legislation pattern problem. Environmental protection of our country legal system is mainly to build under a planned economy , legislation principle and some law content are subordinate to administration , Not yet establishes the comprehensive policy-making mechanism which the environment and the development unifies, In the present law, the laws and regulations has quite part of contents and the sustainable development spirits violates also with difficulty adapts the market economy system, to be short of the law that use the value and economic means to protect the environment resource . The second is the body problem. The body chaotic is an outstanding problem in the nowadays. Since the main body chaos, indeterminacy also leading to forestry, administrative machinery disperses, is inappropriate to manage and supervise. The forestry administration law enforcement system is not suitable, lacks one kind of effective law enforcement mechanism. Laws and statutes gives forestry authorities concerned administrative penalty right to the function dispersing in much branch organization, not forming the unification, authority at present. The body of enforcement of forestry administration law's power still deficiency means insufficiency, kind unitary, is lead to law enforcement quality low one of essential reasons. Quality of law enforcement officials is very bad, matter equipment falls behind, and in our country forestry the contradiction between high-caliber requests enforcing the law and slanting low the ranks of law-enforcing personnel quality are comparatively outstanding. Development of market economy, forestry manages may be getting science and technology-relation professionalization with every passing day, this inevitably requests the law enforcement work the high grade high efficiency. The final question is supervises management mechanism. Enforcement of forestry administration law's democratic and transparency is sufficient, not clear and bright, and has not formed the unification law enforcement standard. The law enforcement surveillance mechanism and the responsibility system are not perfect, this is refers to the higher authority to the subordinate and the people who enforce law , all institution to their own internal institution and people , at present also lacks a set of quick cases reporting system, the consummation surveillance management mechanism and the standard responsibility investigates the system. It has not established the system that unified and minute department supervise. "Authority looks for rent" which causes to the question that Authority is countervailed, as a result of the economy, the society and politics and so on the various complex reason, in our country the enforcement of forestry administrative law has the phenomenon"Authority looks for rent" extremely seriously, these phenomena follow the economic system switcher to be increasingly fierce.Chapter 3 is some speculation that the writer enforces the reform of the law to the forestry administration. First that it is feasible to enforce the law system of the forestry synthesis administration, elaborating the basis from the practice and the theories both sides. The national forestry bureau divided the forestry synthesis administration into three kinds of experimental unit modes to expand, the first mode is not difficult at all, so there is no detail about it in the text; the second with forest public security official as the main form, in this part the problem of the law ownership of the forest public security official which is disputed greatly is made an analysis. The forest public security office is a national organization and has the special law position of its own as the section administration organization. The forest public security official organization contains three big and legal job powers: one is the power to crime justice; two is the forestry administration punishment power; three is the public order administration punishment power. The public security office of the forest should establish the organizations, such as bureau, branch office and big brigade...etc. in town above and compared large forest area, to insure to complete the job in time and efficiently; the third is to re- set up the comprehensive administration of forestry to enforce the law .Simplifying the forestry administration, is, according to the principle of an organization, to integrate the resource of the existing forestry administration, and re-set up the compared independence, concentrate and unified forestry administration. According to the request of the national forestry bureau, the all levels forestry administration supervisor section can establish the big brigade of the comprehensive administration of forestry to enforce the law. At the time of enforcement the law to carry out the forestry administration case, the various concrete procedure in《the administration punishment method》and《the forestry administration punishment procedure provision》must be carried out. This is the key to make an exact forestry administration punishment. It is an important link to start the forestry administration in time to assure the corpus to enforce the law and the process in the reach of the law. If the provision of law process is carried out strictly and a exact decision of punishment is made, such forestry administration punishment then can be sign in the invincible position. The process of hear certificate is an important process related to the general process. The hear certificate process has the necessity very much, but a lot of problems existing in actually applying it in our country. The writer has his own explicit viewpoint about this problem. The forestry supervisor section should according to the request by law of protect forest builds up the valid supervision mechanism, and enlarges the strength of enforcing the law of forestry administration. Each kind of social corpus whose power is under the valid supervision can enforce the provision of law related to the forestry administration exactly, carry on the direct and check of the ecosystem construction to insure the law to be enforced seriously and fairly. For developing the whole effect of the inspect organization, the inner inspect part and the exterior should be put together availably to avoiding the blank district for enforcing the forest law. The end in the test is about the character construction of the person who enforces the law; this also is a necessary step to improve the quantity of administration.