Research On The Legal System Of Ecological Compensation For Collective Public Welfare Forest In China

With the improvement of living standard,people’s ecological awareness is strengthened,ecological demand is also increased,and restrictions on forest economic use are also increased.When forest cutting is gradually restricted,the direct economic consequence is that the forest operating expenses cannot be compensated through forest cutting,which makes the local units that cultivate and protect forests increasingly poor and unable to continue to bear the burden of forest maintenance.These phenomena violate the principle that forest ecological benefits benefit the whole society and burden the whole society.In the commodity economy era,to make the forest ecological engineering construction enter the virtuous circle of track,the corresponding compensation mechanism and operating mechanism is essential,the ecological public welfare forest collective is to create sustainable ecological benefit as the goal,it has no direct or is difficult to directly generate economic benefits,people are enjoying the collective public welfare forest ecological benefits at the same time,have never thought of ecological public welfare forest collective maintain the cost of labor and production,it doesn’t meet the requirements of the commodity economy is bound to damage to the ecological public welfare undertakings.The author in January2019 and August 2019 use of summer and winter vacation time,respectively to the guangxi zhuang autonomous region filling and Yang county forestry bureau and jingmen,hubei province shayang county forestry bureau to carry out research activities,in the process of the research found that both the collective public welfare forest ecological compensation standards and practices exist certain differences,in September 2019 in guangxi guilin city intermediate people’s court research public welfare forest administrative litigation dispute have also found that a certain number of collective property rights of public welfare forest compensation disputes and disputes.All of these to some extent expose the deficiencies of the ecologicalcompensation system of China’s collective public welfare forest.On December 28,2019,the 15 th meeting of the standing committee of the 13 th National People’s Congress voted to adopt the newly revised forest law of the People’s Republic of China.The newly revised forest law will come into force on July 1,2020.Revised article v of the "forest law",article 29,article 46,47 of collective forests made further regulation,but part of the rules are still too principle,involving the contents of the ecological compensation are less,so in order to promote the development of the collective public welfare forest ecological compensation system,it is necessary in the current under the background of "forest law" revise further perfecting the collective public welfare forest ecological compensation legal system.This paper is divided into five parts.The first part is the introduction,which briefly introduces the research background of this paper,summarizes the theoretical achievements of domestic and foreign scholars on ecological compensation of collective public welfare forest,and expounds the research significance of this paper.The second part is the legal system of ecological compensation for collective public welfare forest and collective public welfare forest.This part firstly discusses the concept of collective public welfare forest and the legal system of ecological compensation for collective public welfare forest,and introduces the theoretical basis of ecological compensation for collective public welfare forest.The third part is the development status and existing problems of ecological compensation legal system of collective public welfare forest.This part briefly describes the historical evolution of ecological compensation legal system of collective public welfare forest in China,and introduces national legislation and hubei and guangdong provinces.The local legislation situation of guangxi,zhejiang and other provinces,and the problems existing in the legal system of ecological compensation for collective public welfare forest in China are expounded.The fourth part is the experience and enlightenment of foreign legal systems of forest ecological compensation.This part selects the relevant legal systems and policies of Japan’s forest ecological compensation,the United Kingdom’s collective forest compensation and the United States’ forest ecological compensation for reference,and summarizes the useful experience.The fifth part is consummates our country collective public welfare forest ecological compensation legal path,this part of content is according to the second part points out the problems existing in the legal system,proposed respectively should build the collective public welfare forest ecological compensation legal system in our country,clear legalprinciple,perfect the compensation standard,reform the financing and management mode,procedural rules,establish supervision mechanism,and makes the corresponding provisions of legal liability,a total of seven aspects of legal advice.The last part is the conclusion,which looks forward to the legal system of ecological compensation for collective public welfare forest in China.