The Tree Cutting Regulatory Regime Changes And Practical Dilemma

Forest resources management is a fundamental task of forestry development in our country, and the management of forest cutting and forest right is the priority of forest resources management. On June8,2008, the state council issued "the suggestion to the reform of collective forest property right system"which opened the prelude to the reform of collective forest rights across the country. And adapted to the reform of collective forest property right system, logging regulatory system also has carried on the corresponding change. In order to effectively cooperate to pace of the reform of collective forest property right system, and promote the win-win situation of the protection of forest resources and forestry economic development, our country built up a system with Chinese characteristics of deforestation through the "forest law""forest law implementing regulations""deforestation update method" and other laws and regulations, which includes cutting quota management as the core, proofing the cutting wood credentials, transportation and processing, with emphasising on the regulation of forest cutting management system. On July16,2009, the state forestry administration has issued"suggestion to the reform and improvement of collective forest cutting management", which provided that business operators independently operated their own land of unforesty, not limited by cutting quota management, and the land for forestry was still limited by cutting quota management. The regulation of forestry sector in the whole cutting process was totally in the charge of business operators and the forestry authorities provided guidance services and supervision. At this point, regulation of deforestation on the system construction in our country had entered a steady improvement phase. However, the situation of the implementation of the supervision system is not as smooth as imagined, the phenomenon of unlawful deforestation is still emerge in endlessly, even some large-scale deforestation appeard,which means a wake-up call to us. Why in the process of speeding up the change of regulation system of logging, there are still so many problems? Why the unlawful denudation after logging system reform would still appear? If from a macro perspective, the main flaw that time for forest right reform is too short, the reform work is too rough and urgent is probably one of the factors that lead to problems, and if we want to solve the problems of the failures to prohibit the unlawful denudation from the source, maybe we should start with the logging regulation of relevant systems, laws and regulations under the background of the forest right reform. therefore, in this article, the author will further explore logging regulation system in China’s history and current situation based on forest right reform, and analyse out the solution to the confusion and problems of supervision system constrasting the experience the foreign logging regulation system at the same time. At last we will table some proposals-for the solutions.In terms of article frame structure, this article is divided into five parts. The first part is introduction, mainly includes two aspects, one is the background of forest right reform in our country, in order to lay the research background of the full text; the other is introducing the related problems and thinking where put forward by judicial case. The second part discusses logging regulatory system of historical origin, mainly through the list before the forest right reform of forest, the specific content of the management system of six of the forest have a macro understanding of the regulatory system. The third part is the logging the changes of the supervision system, mainly to explore the six system there is what changes after the forest right reform and the entire forest what regulatory system, in order to pass the trend and features of before and after the contrast found that forest right reform. The fourth part is through the analysis of the relevant provisions of the regulatory regime of deforestation in some regulatory system which problems and loopholes exist, mainly through the analysis of a variety of disharmony between management system and the loopholes in the laws and regulations, in order to draw out the Suggestions to solve the problem. the fifth part puts forward Suggestions to resolve the problem, the author mainly from logging under the regulation of administrative system and the rules and regulations, makes every effort through legal means and administrative means to solve the logging regulatory difficulties in practice.