The Study On The Legal System Of Forestland Use And Occupation

Forest land is an important part of forest resources and is the core of the management of forest resources.Forest land requisition and occupation is one of the important content in forest resource management. Forest land is essence of the forestry development. It would be impossible for the great-leap-forward development of forestry industry and the sustainable development of economic society and its overall progress without forest land. The protection of forest and forest resources, to maintain ecological balance, the maintenance of biological diversity, and to strengthen the construction of the ecological environment, is an important guarantee to achieve the sustainable development of the national economy. This paper defines the related concepts of forest land expropriation legal system, and mainly traces back to the historical evolution of China’s forest land expropriation legal system in aspects of the background, purpose and significance.According to the present situation of the legal system from the current occupation of forestland, some existing problems of the legal system of land expropriation were analyzed, that is, the definition of the public interest was vague, which causes random expansion of the scope of occupation of forest land; The protection and planning lack authority; Land conversion approval procedure is not perfect and too much administrative intervention and etc. Combing the enlightenment and experience from the foreign forest land expropriation legal system on the construction of China’s system, this paper finally put forward a sound that the forest land expropriation legal system must adhere to the coordination development of ecological value and the economic, to unify public interests and individual interests moderately, and dynamic balance of the public power and the private rights,these system need to be improved. Several specific measures were put forward under the guidance above, which is to define the public interest scope clearly by law. To start the Establishing and implementation of the protection and planning of forest land in accordance with law.To construct and strengthen the Preliminary Hearing System in the expropriation forest land Examination and Approval progress and to protect forest land from being excessive Interfered by the local government. We will realize the rational utilization of forest resources and the harmony between human and nature.