The Research On Legal Problems About "Transplanting The Big Tree From Village To City"

"Transplanting the big tree from village to city"is a common designation. It means digging out and transporting deciduous tree which diameter is more than 20cm, and evergreen tree which diameter is more than 15cm(or height 6m), and transplanting these trees to the city. According to the Urban Greening Ordinance and the Notice of Banning Transplanting Big Trees and Ancient Trees from Villages to Cities, the objects include ancient trees and famous trees. Because"Transplanting the big tree from village to city"can improve the urban afforestation rapidly,"Transplanting the big tree from village to city"becomes the first choice in the field of plant engineering. But the harm of transplanting is obvious. Not only the village's environment is destroyed, but also the ecological effect brought to the city is lack of stability and protracted nature. In additional it seriously twists the big tree's economic value especially the ecological value. The reasons for the transplanting include constructing ecological city, pursuing economical benefit, lacking of supervision, and the idea of separating the city environment from the one & village environment. The Forest Law and other relevant laws are lack of clear regulations about transplanting. So the legal defect is obvious. The legislative purpose of the Forest Law is not to protect forest resources but to make use of forest resources. It can be said the dual economic structure of urban and rural areas supplies support and real convenience for the transplanting. But we can draw some good lessons from Shanghai, Zhejiang and Jiangxi. To effectively regulate the behavior transplanting, the first important thing is to amend the laws. We should limit the sources of big trees, perfect the ecological restoration, and ensure the big tree's survival after transplanting. Second, we should perfect the enforcement of administrative law about transplanting behavior and strengthen the supervision. The laws should also regulate the government behaviors, especially those of the Forest Management Department and the Urban Greening Department. And their responsibilities should be clarified, their illegal behaviors should be published . Only in this way can we avoid the blindly transplanting big trees and ancient trees.