| Forest is divided into commodity forest and commonweal forest according to its different functions. The main aim of the commodity forest is to use direct economic profit. It realizes its value through market by selling woods. However, the commonweal forest pays attention to the use of forests' environmental function and takes environment effect as the main product. Therefore cutting woods for sale is forbidden. The productive circle of the commonweal forests is rather long. At the end of the productive circle, people could get economic benefits, but meanwhile, the ending of the productive circle also means the ending of ecological benefits. For a long time, people pay more attention to the economic values of forests, i.e. the use of wood itself, and forestry is regarded as an industry producing wood products. Therefore the ecological functions of forests are more or less neglected. The enormous cutting down of the woods causes the sharp decrease of forests, and therefore makes more serious and frequent natural disasters, which restricts the development of economics. Now people have realized the importance of forest's ecological values and no longer cut down forests at random. But in this way, the owner and operator of the forests cannot get economic benefits by selling woods. Their labor cannot be paid; therefore their enthusiasm must be frustrated a lot. If the plantation and management of the commonweal forests is only done by state-owned forestry center, the hands will be limited. Therefore, it is necessary to encourage individuals and collectives to plant commonweal forests and compensate for commonweal forests they own.The compensation system of the forest ecological benefits is a legal system established after the prohibition of the lopping of the commonweal forest. This is a system in which the government sets up fund gathering money through various ways to give the owner and the operators of the commonweal forest compensation such as the cost and some benefits. The author explains the forest ecological benefits system in four parts and puts forward a suggestion to set up a law system for the forest ecological benefits. First, the thesis introduces briefly the connotation of the forest ecological benefits compensation system, thenecessity of establishing it and the domestic and foreign related legislations. Then the thesis discusses the theoretical basis for the existence of the compensation system in different perspectives. After it, the thesis introduces the situation in the experimental units of the compensation system, and problems in its practice and legislation. Finally, the author believes that the law system for forest ecological benefits is a comprehensive system. It should include regulating the foundation of the forestry fund in Law of Forestry, publishing Law of the Compensation Fund for Forest Ecological Benefits, and regulating problems such as the financing channels, delivery and surveillance of the forestry fund. The problem appears in practice about collecting tax on forest ecological benefits compensation can be regulated in the process law and entity law of tax. Besides, when finding conservation zones to plant forests, it is necessary to pay attention to the protection of peasant rights, and to change the former way that keeps belongingness of the land intact. The Law of Land Management in Conservation Zone stipulates that the government should compensate the peasants according to the law of land expropriation when finding conservation zones to plant commonweal forests. |
