Study On The Legal Compensation Mechanism Of Forestry Ecological Benefits In China

With the development of economic and society, the forest is undergoing to both economic and ecological benefits of historic change. Forestry is no longer considered a narrow closed industry of seeking economic value, but focuses on promoting ecological benefits,social benefits and economic benefits. Through the implementation of the forestry business classification of forests and forest products division, the aim is to improve the building of ecological benefits. Building Forest ecological compensation system is adapted to the needs of the above. However, the forest ecological compensation system is a systemic project, not only an economic project, but is a legal project. Ecological compensation reasonableness, long-term and stable need guarantee of legal mechanisms. main contents, targets, standards and procedures of compensation also need laws to clear.Forest ecological compensation system developed in resent years is a brand new system. It can be studied from different angles. But this article discusses the forest "eco-effective compensation" in the perspective on law. First beginning with the essence of ecological compensation, the paper expanded that a theory basis on the eco-efficiency of compensation. Second, it gets the successful experience of foreign countries through analyzing the status of legislation of the forest ecological compensation abroad. Third it analyzes the status of the forest ecological compensation legislation of our own and point out some deficiencies. Finally, as for the problems, this thesis suggests to building legal system of compensation and improving related institution by learning the successful experience of foreign countries.The full text contains the following elements:In the first part, the forest eco-efficiency concept and the theoretical basis are expanded. It made us acquaint the scope and objectives of the study. The paper discusses the need for ecological compensation in the aspects of ecological security, sustainable development and multi-angle right balance.In the second part, this thesis makes a brief overview of the status of foreign legislation, and obtains the successful experiences of foreign countries by citing the typical profile of the country and comparing forest ecological compensation of various countries abroad.In the third part, on basis of analysis of the legislative status in our country, it is pointed that our forest ecological compensation system has some deficiencies, such as the presence of a single compensation fund-raising channel, the lack of reasonable compensation standard, management irregularities of compensation fund and ill-establishment of a regional system of compensation.The fourth part is the most important part in this article. With responding to the deficiencies of the current forest ecological compensation system, this article elaborated how to improve forest ecological compensation legal system which related with the "Forest Law," "forest ecological compensation law" and the relevant administrative rules, and how to perfect compensation financing in the market, forestry rezoned system, regional ecological compensation system, standards-based of compensation systems and fund management institution etc. We must establish the legal system in order to ensure sustainable development of eco-efficiency of forests.