"Trees hold up the sky, if the forest disappeared, the sky, top of the world, will collapse.nature and human will perish together." Forest is the treasure of nature who gives to human, but if we destruct it arbitrarily, not to continue to use it, it may bring great calamity to human. However, human activities have caused unprecedented impact and destruction on forest ecosystem, some destruction has reached an irreversible point, even threaten the survival of mankind. In this context, forest ecosystem services market flows into the human society as a kind of innovation of forest ecological protection. The formation of forest ecosystem services market can not only reduce the pressure on government finances, achieve the goal of forest ecological environment protection, more can bring huge economic benefits and social benefits. Therefore, promoting the formation and healthy development of forest ecosystem service market in China on the height of the legal system is the realistic and urgent.However, the establishment of forest ecosystem service market also faces all sorts of trouble:public goods character causes nobody would like to pay for the free goods, and externality character causes imbalance between supply and demand, the lack of founds and enthusiasm who take part in market activities need will interfere with the orderly operation of the market. How to use legal ways to overcome these difficulties has become the focus of the research in this paper.How to overcome the public goods and externality character cf forest ecosystem service is the most key problem, but our existing law on this aspect is almost blank. In this article, through comparative study, found that forest ecosystem service use right certificates trading system is the best way to solve the problem,so we should provide effective legal protection for its operation. Secondly, the sustainability supply of forest ecosystem service is the premise and basic issue for market established, but the existing legal and policy arrangements cannot be effectively guaranteed. So three aspects proposed to improve the existing legislation to achieve the sustainable management of the forest,and then meet the sustainable supply of forest ecosystem service in this paper:detailing afforestation system’s responsibility, improving the existing forest classification management system and put forest certification system into legislate consideration. Moreover, the lack of founds and enthusiasm who take part in market activities need will interfere with the orderly operation of the market. so the the existing law should pay more attention to the perfection of this factor:Establishing forest ecosystem services market funds,in order to get rid of the financial bottlenecks; encouraging private person and private enterprises to take part in the market, and set up specialized agencies to coordinate and safeguard their marketing activities. |