Analysis Of The Legal Relationships Of Forest Ecological Benefit Compensation

The forest ecological benefit reimbursing legal relationship is a newly appeared legal relationship based on the outside nature of the forest ecological benefit and the fair value purpose of environmental legislation. It is defined as Fellows:The right and obligation relationship between indemnitor and the people who offer forest ecological benefit and who suffering special lose for forest ecological benefit,which according forest ecological benefit compensation legislation.According present laws and regulation,the Chinese forest ecological benefit reimbursing legal relationship belongs to Administrative reimbursing legal relationship,which is different from the forest compensation regal relationship and the forestry allowance legal relationship by the characteristic of science,pluralistic value,public welfare.Because of the disadvantage of present legislation,here are some problems in the Chinese forest ecological benefit reimbursing legal relationship,such as its nature is confusing,subjects is unclean and the content is thin,which result in this legal relationship can not act well.However,the forest ecological benefit reimbursing legal relationship in Sweden,The United States and Japan works better.The united states run it's forest ecological benefit reimbursing legal relationship through contract, and Japan though the reimbursing appliance proposed by the owner of forest,while Sweden adopt either of two methods.By analysis the experience of the forest ecological benefit reimbursing legal relationship in Sweden,America and Japan,this author believe that:the government,the Beneficiary of forest ecological and the every number of society should pay for the forest ecological benefit,either of the people who offer forest ecological benefit and who suffering special lose for forest ecological benefit have the right of being paid.The object of this legal relationship is payment action.The content of this legal relationship could be established by legislation or contract if only not infringe laws.The run of the forest ecological benefit reimbursing legal relationship turn the abstract legal relationship to reality.To ensure the function of forest ecological benefit reimbursing legal relationship,there are some Preparatory work must be done.They are collecting the forest statistics, establishing proper reimbursing standard.Besides that,the legislation also needs to be improved to make the forest ecological benefit reimbursing legal relationship works well.