Study On The Legal Protection Of Forest Resources In Urban-rural Integration Process

The integration of urban and rural areas is an objective trend of urban developmentand social progress, intrinsically linked to the objective requirements of the urban andrural economy. The urban-rural integration development bring economic prosperity andsocial progress,at the same time destructing of environmental pollution. So,thedevelopment of integration of urban and rural areas requirements of urban and ruralecological integration. Forest resources is the cradle of human civilization and the basisfor sustainable development. Along with the advancement of the integration of urbanand rural areas, forest resources play an important role in improving the sustainabledevelopment of urban and rural economic, social and ecological environment.Protection of forest resources is a process of integration of the urban forest constructionand rural forest construction in the urban-rural integration. Not only forest resourcesfollowing the laws of economic and nature, but also should use the law to protect theurban and rural forest resources.The first part of the article introduces the theory and connotation of urban-ruralintegration to show the background of the protection of forest resources. Throughintroducing the concept and scope of forest resources as well as its status and role in theprocess of urban and rural integration, we see the object of legal protection of forestresources clearly. From regional scope speaking, the forest resources generally islimited to urban and rural planning area and with the development of urban and ruralprogressing. From type speaking, the resources give priority to tree-based forest. Andthe forest standards are not judge by traditional forestry standards. Finally, the articlediscuss the theoretical basis for the legal protection of forest resources in the urban-ruralintegration process.The second part of the article is to analyze the law protection status of forestresources in the process of the integration of urban and rural areas in China. In view ofcurrent legal status of the urban and rural forest resources protection, this paperanalyzes the problems from the legislation, law enforcement, legal liability and publicparticipation in forest resource protection. This paper focuses on the point of forestlegislation. First, the legislation lags behind the development of urban and ruralintegration, paying no attention to the ecological value of forest resources. From thewhole, the forest resources protection laws and regulations are decentralized in the process of urbanization. The law of urban and rural forest resources lacks integrity andconsistency system, resulting in the separation of urban and rural forest resourcesprotection. In the process of the integration of urban and rural areas，the instabilityforestry policy has led to vague ownership of forest resources. The standard of forestecological benefit compensation is too low to fully reflect the ecological value of forestresources. Because the forest law enforcement agencies and law enforcementenvironment are different in urban and rural, these are led to inadequate lawenforcement. Legal accountability compared with the losses that damage forestresources is low, consequent of delinquency prevention and combat to forest resourcesis not good. The lack of guarantee mechanism on public participation has let the publicto participate in the protection of forest resources is not high.The third part the article elaborates the overview of forest resource protection lawsin the process of urbanization of the United States and Japan which both have higherlevel of urbanization, it also gives us some enlightenments. Abroadly, legislation of theforest resources is essential to effective protection of forest resources in urban and ruralareas; Effective law enforcement management system and the strong involvement of thepublic are also crucial. It will avoid detours by combining with the actual situation ofChinese urban-rural integration and drawing on the successful experience of foreigncountries.The fourth part of the article put forward opinions on the legal protection of forestresources in the process of the integration of urban and rural areas. To improve the legalprotection of forest resources, the law should insist on the principles of sustainabledevelopment, holistic and rational utilization. On the legislative, the legislature shouldimprove the relevant forest laws and regulations as well as coordinate of the relevantlaw. On the local regulations, the legislature should depend on the actual situation ofurban and rural integrated development of the region to develop local regulations andregulations with local characteristics in order to give integrity protection forestresources. The law should perfect the urban and rural forest resources planning system,forest right system, forest ecological benefit compensation compensation system andother major legal system; On the one hand, we can strengthen forest law enforcement,forestry administrative law enforcement agencies to establish a single, clearenforcement responsibility to the main body, raise the level of law enforcement toachieve the purpose of protecting the forest resources in urban and rural areas. On theother hand, clear the legal responsibility to destruction of the urban and rural forest resources, and increase penalties. The law should protect the public participation inforest resources, especially through incentives, to improve rural people’s participation.In the process of the integration of urban and rural areas, with the improvement of thelegal measures of protection of forest resources, the construction of urban and ruralforests and protection will have a legal basis, the sustainable use of urban and ruralforest resources and construction of urban and rural ecological integration will also havelegal guarantee.