China's Legal System On The Protection Of Ancient And Famous Trees

Ancient and famous trees are the precious wealth that nature and our ancestors left us, they not only have the important scientific value, cultural value, economic value and ornamental value, but also have the functions of sand-fixing, soil and water conservation, climate regulation, purifying the air, improving the environment and many other ecological functions. To strengthen the protection of ancient and famous trees and to treasure the human cultural heritage should become the important content of ecological protection and greening construction. Old trees in our country are very rich in resources, but in its protection there still exists many problems, such as habitat destruction, weak awareness of the protection, the shortage of funds, management system is not perfect etc, these make the amount of the ancient and famous trees decreases ceaselessly. Our country's current legal system of the ancient and famous trees protection mainly include the system of classification, recognition, record and file, the system of value and protection, the system of maintenance management responsibility, the system of special protection and the system of legal responsibility. But it also exists many defects, such as the legal protection object scope is too narrow, the administrative levels and the special provisions for the protection are on the low side, the compulsory rules are too many, the lack of public participation rules for the protection, the lack of the system for the clear trees authority and transfer supervision, the lack of the financial guarantee system for the conservation and management. These drawbacks make the function of the law in protection and management for ancient and famous trees reduced greatly. In order to give the full play of the law on the protection of old and famous trees, it must be as soon as possible to improve our legal system of the protection for the ancient and famous trees. Through the analysis the law system of protection for our country's old and famous trees, and the practice of management of ancient and famous trees in a number of local places, combined with the advanced experience of the foreign legal system for the protection, this paper argues that China's ancient and famous trees protection legal system should be improved from the following aspects:First, introduced specific laws and regulations to improve the legal system of the ancient and famous trees in higher level; Second, expanding legal protection range of the object, pay attention to the protection of the subsequent resources of ancient and famous trees; Third, to increase the authorized provisions to balance the protection rights and obligations; Fourth, improve the ancient and famous trees right system, accomplish the unity of responsibility, rights and benefits; Fifth, establish the protection planning system for ancient and famous trees, including legislative planning, promotional planning, scientific planning, protection and management planning; Sixth, establish the public participation system for the protection of ancient and famous trees, through specific system arrangement to make the public independently participate in the protection through their own actions; Seventh, establish an effective financial guarantee system for the conservation and management to ensure the use of funds rationally and sufficiently; Eighth, improve the legal responsibility system. These can make the protection and management of ancient famous trees into a sound legal system, so that to ensure the sustainability in the development of this valuable resources and to serve the ecological civilization construction better.