Study On The Protection Of Forest Farmers' Environmental Rights And Interests From The Perspective Of "Separation Of Three Powers"

Forest land is an important part of land,its ownership should be collected.Forest land and the rights and interests of forest farmers need to be protected.However,with the gradual deepening of reform and opening-up,especially "the separation of three powers" policy,the introduction of the new"Environmental Protection Law" and other related laws,the use and operation of the transfer of collective forest land are restricted to varying degrees in the realization of economic and ecological values while making considerable progress.The legal protection of forest farmers' environmental rights and interests needs to be solved urgently.In view of this,the paper clarifies the theoretical meaning of forest farmers' environmental rights and interests based on the general theory of protection of forest farmers' environmental rights and interests under the perspective of "separation of three powers",starting from the connotation and characteristics of rights and interests and environmental rights and interests.Secondly,this paper analyzed the current situation and problems of forest farmers' environmental rights and interests protection basing on the basic national conditions in the new era of socialism and the use of collective forest land circulation and management,and weighed the social,economic and ecological value of collective forest land.Thirdly,by using various methods,this paper tries to find out the dilemma of lagging forest-related laws in the process of collective forest land transfer,confusion in the process of transfer,inadequate remedies for disputes,and the current situation of insufficient protection of forest farmers' environmental rights and interests from different perspectives.It analyzes these phenomena by referring the provisions of the Forest Law of the People's Republic of China and the Property Law of the People's Republic of China and other relevant forest-related legal provisions.Then,learning from the mature land transfer models of the developed countries in the United States,Japan,Germany and some successful experiences in the construction of legal system,the paper holds that the protection of forest farmers' environmental rights and interests should be improved and standardized from the perspective of the legalization of the policy of "separation of three powers",that is,the perspective of amending the relevant laws concerning forest farmers' environmental rights and interests,from the theoretical and institutional level.At the same time,in the implementation,supervision and evaluation of the law,disputes and contradictions arising from collective forest land circulation and management should be resolved in time to ensure the realization of forest farmers'environmental rights and interests.Finally,to achieve the balance of social,economic and ecological values of collective forest land through legal realization of "the separation of three powers" to forest land.