Legal Research Of Forest Ecological Benefit Compensation System

Facing the increasingly serious forest ecological problems,for the consideration of public ecological interests,the state divides part of the commercial forest into public welfare forest and prohibits deforestation in order to achieve the ecological value of the forest However,the protection of forest resources damages the legitimate rights and interests of the original commercial forest owners or operators.There is an imbalance in the distribution of ecological interests and economic benefits,which,to a certain extent,dampen the enthusiasm of the current environmental protection.Thus visible,there is an urgent need for an effective mechanism to provide economic compensation to forestry management personnel whose rights have been damaged.China has realized the importance of establishing the forest ecological compensation system.The most common theoretical researches on forest ecological compensation now are economics,environmental engineering,and administrative policy research.But there is still a lack of understanding of the meaning and character of the forest ecological compensation system.Therefore,this dissertation starts from the concept of forest ecological compensation;puts forward the theoretical basis of establishing the legal system of forest ecological compensation from the perspective of jurisprudence and economics,and discriminate the right attribute of forest ecological compensation.It analyses the current situation and problems of forest ecological compensation in China and concludes that there is a contradiction between the forest ecological compensation in the current practice and the same in the legal sense.This paper analyzes the administrative attributes of forest ecological compensation.And corresponding suggestions are put forward for the problems in legislation and the practices...