China's Legal System Of Forest Ecological Benefit Compensation Research

Over the years, people blindly emphasis on the commercial value of the forest, and just look atthe development of the forest from the perspective of forest science, while completely ignoring theecological functions of forests. It is under the guidance of this concept, that eventually lead to thedeterioration of the ecological situation in China, climatic conditions, natural disasters increasingyear by year. In fact, the forest has irreplaceable value. In terms of the functions, the forests, play arole of the protection of the environment, disaster or flood control, water conservation, wind andsand control, noise reduction and other aspects of the ecological role. The value of the forest is soimportant, which requires that we must attach great importance to the protection of forest resources,and in particular to compensating the people who invested for the forest. However, due to theecological value of the forest can be enjoyed by anyone, forest defenders often can not be obtainedthe interests by trading in the market. In real life, those who protect the forest by paying the pricefor the public welfare, can not recover their investment. This phenomenon has dampened theirenthusiasm. If this situation will not change, it will seriously harm the sustainable development ofChina’s forest. In recent years, the forest ecological theory has been raised, and people giveincreasing emphasis on the value of the forest. So, the concept of endless consumption of forest hasgradually changed, and the forest ecological perspective has become the first demand of the forest.The forest ecological benefit theory also has been studied and researched by more and morescholars and researchers. However, the forest ecological benefit measures in Chinese law stillrelatively junior, has many shortcomings. This is also give more demands for us to further study thesystem.My research on this topic is discussed mainly from four aspects.Firstly, the author discusses the concepts and characteristics of forest ecological benefitcompensation, the connotation of forest ecological benefit compensation, and its theoretical basisand practical basis. By more than theoretical foundation, the author will pave the way for thediscussion below.Secondly, the author analyses the existing problems and the development of the legal system of our forest ecological benefit compensation system. These deficiencies will be reasons for ourcountry to learn the advanced experience from foreign countries. The development of the legalsystem of our forest ecological benefit compensation experienced three phases of the bud, initialestablishment, and the continuous development. From its bud to now, it experienced a tortuousprocess. It has made a lot of progress, but there are still many deficiencies, such as the main bodyand the object of ecological benefit compensation, is not clear enough; The compensation method issingle; Market mechanism is not perfect; and the use of funds is short of specification. Thesedeficiencies are a serious impediment to the effective implementation of forest ecological benefitcompensation system.Once again, the author analyzes the forest ecological benefit compensation practices of theUnited States, Brazil, Costa Rica and other countries. By elaborating the relevant experience ofother countries in the field from a legal point of view, we can draw some useful inspiration andreference. These experiences include government’s heavy investment in forestry; great subsidiesgranted to the non-state-owned forests; tax relief and charges levied from particular subjects. Theseare all our country can fully learn.Finally, I give some own views for improving the legal system of our forest ecological benefitcompensation from multiple angles, in order to be able to do a little humble for the development ofChina’s forest ecological benefits clear forest ecological benefit compensation body as well as thecompensation object; Second, we want to adjust the compensation range to protect thecompensation funds to be effectively utilized; Third, to achieve diversification of compensation, tofurther improve the positive role of the market in forest benefit compensation; Fourth, to increasethe forest ecological benefit compensation fund raising channels, strengthen the use of funds andmanagement of the construction of the legal system; Fifth, the government and the market mustadjust the relationship between the ecological compensation, and the relationship of the positiveinteraction; In addition, it would encourage public participation in forest ecological benefitcompensation.