Constitutional Examinations Of Minority Groups' Forest Rights In China

Some minority groups have special connections like survive,development,culture and national believes with forest resources,so forest rights are very important to them.Minority people's forest rights,from one side,is an important part of human rights in china.From the other,the utilization of forest resources in minority areas is essential to the construction of ecological civilization.For the rational exploitation of forest resources and the unity of economic benefits,ecological effects and social effects of forests,it is indispensable to protect the minority people's forest rights.The article infers the content of minority people's forest rights through the constitutional text analysis,puts forwards different views on environment rights and rational use of forest resources.Protecting minority people's rights,especially the natural resources' rights,is essential to these minority groups' survive,development and culture.The special protection of minority people's rights is based on the differences of their circumstances,customs and cultures.These differences may be assimilated or destroyed if not be protected positively.A large number of forests are located in the minority areas,as a result,some minority groups was strongly associated with forests.But forest resources have economic and ecologic benefits to the society,it causes the conflicts between the different benefits and values.Our constitutional law,environmental laws and regional policies all regulate the protection and utilization of forest resources,but pay no attention on the special connections between some minority people and the forests.So we always face the conflicts between the minority group's culture with the use of natural resources.To solve these problems,we need to respect minority people's cultures,clarify the meaning of minority people's forest rights and establish minority people's forest rights' protection system.From the process of natural resource rights' protection of the Sami people in Norway,we can get some illuminations about the value of the minority people' rights'protection in the Nordic country under the rule of law.According to our country's forest resources characteristics,national cultures and unwritten laws,from the legislative level,the law enforcement level and the judicial levelestablish the targeted and actionable minority people's forest rights protection system.