On Perfecting The Legal System Of Compensation For Forest Ecological Benefit In China

Forest is the main body of land ecosystem,and it is the natural environment for mankind to live on.It has three benefits of ecological benefit,economic benefit and social benefit.With the progress of environmental science and the deterioration of the ecological environment,people have more and more profound understanding of the huge ecological benefits of forests,and more and more attention is paid to the compensation for forest ecological benefits.The legal system of forest ecological compensation is an important system to effectively protect the forest ecosystem and give full play to its ecological benefits.In recent years,global warming,low forest coverage and intensification of land desertification pose a great threat to forest ecological benefits in China.It is urgent to establish and improve the legal system of forest ecological benefit compensation which is in line with China's national conditions,so as to promote the construction of ecological civilization.In this paper,the five part of the legal system of forest ecological benefits compensation in China is studied in order to provide helpful help for the improvement of the system.The first part of the introduction introduces the research background,purpose and significance of the study,the status of domestic and foreign research and the research methods of this paper.The second part,on the basis of summarizing many scholars' thoughts,defines the concept and connotation of ecological compensation,forest ecological benefit and forest ecological benefit compensation.From the four aspects of externality and public goods theory,environmental justice and environmental right theory,sustainable development theory and ecological civilization theory,it is demonstrated that the forest ecological benefit compensation legal system has a solid theoretical foundation.In the context of the construction of ecological civilization,the necessity and feasibility of perfecting the legal system of forest ecological benefits compensation in China are demonstrated in three aspects.The third part introduces the policy environment and legislative practice of the legal system of forest ecological benefit compensation in China.It is considered that there exist serious limitations in forestry property rights in China,such as limited forest property rights,less compensation subjects,single source of compensation funds,narrow compensation scope and compensation standard,and lack of supervision in compensation fund operation.The fourth part introduces the more complete legal system of forest ecological benefits compensation developed by the developed countries,which are developed by Germany,the United States and Japan.Our country can on the basis of the legislative practice of developed countries,with a clear legal status of forest ecological compensation system,improve the forest ecological compensation standard,compensation in the form of application,approved the compensation target quantification standard and basic content,strengthening the compulsory forest ecological compensation system,the introduction of market mechanisms to improve the ecological benefits of forest the compensation legal system in our country.The fifth part on the basis of the experience of foreign legislation on the practice of the legal system of forest ecological benefit compensation in China puts forward legislative ideas to perfect the legal basis,increase the financing way and improve the compensation object and content,improve the standard of compensation,the establishment of supervision system in several aspects such as perfecting the legal system of forest ecological benefit compensation.In order to enhance the actual effect,the article also discusses the construction of the supporting measures in two aspects:the implementation of the public participation,the improvement of the power relief and the legal responsibility...