Research On Legal System Of Collective Forests For Ecological Public Interests

《Decision of the CPC Central Committee and the State Council Concerning Accelerating Forestry Development》(2003.6.25)proposes that the forests are divided into the commercial forest and the ecological public forest. According to this method, one part of the collective-owned forest progressively opened by the market-featured management, another part of one divided into the ecological public forest are strictly controlled at its development and utilization. Therefore, some of the problems in the course of the collective forest right system reform is mainly shown that:(1) the forest right certification can not be carry out, the disposition right of the collective ecological public forest have more strict restriction. (2) the regionalization of forest still is imperfect. (3) the collective ecological public forest can be not protected effectively because of the distempered policies and regulations. (4) it is difficult to provide enough the funds of the collective ecological public forest on compensation, management and protection, which makes farmer's the lawful rights and interests damaged and their enthusiasm not to be high and so on. Because the forest, the tree, and the forestland are basis of the farmer's survival, if the farmers lack the initiative for building their forests, the goal of the collective ecological public forest can not be realized.The externality theory, the public theory, the incentive theory and the sustainable development theory are the main theoretical bases which solve the balance problem between public and private interests. It is very necessary to protect the collective ecological public forest because of its specific characteristics. According to the above the problems, China should perfect the legal system of protecting the collective ecological public forest. firstly, set up the legal status of the collective ecological public forest in the forest law; secondly, establish series of law systems of protecting the collective ecological public, such as the forest regionalization and planning system, the certification system, the confirmation of the collective ecological public forest right and the classification management system; thirdly, build up the community co-management system and the forest land easement contract system in ordered to balance interests between the public and the private in the collective ecological public forest; lastly, for the sustainable development of the collective ecological public forest, found the system of the construction fund guarantee and the forest ecological benefit compensation system.