Study On Examination And Approval Of License For Forest Cutting In China

The rent-seeking by power has long been the problem that every country's government tried to solve. Specific rent-seeking behaviors, in different countries and trades, have different characteristics. The only common point they have is that they seriously damage the image of government and reduce the prestige of government. What's worse, they are extremely hated by the people and further affect the social and political stability. Different scholars study on this problem in different ways, but only a few researchers aim at the problems of rent-setting and rent-seeking exist in the examination and approval of license for forest cutting in our country at present.In this article, I attempt to explain and discuss the problems, exist in examination and approval of license for forest cutting in our country at present, in five parts. In the first part, the space for rent-setting and rent-seeking by power, exists in the examination and approval system of license for forest cutting in our country at present, is expounded, from three aspects: a) putting forward the problem; b) the objective of the thesis and its emphasis and difficult points; c) the research method and expected goal of the thesis. We shall strengthen the supervision of examination and approval for forest cutting by perfecting the establishment of laws and systems, to avoid and eliminate rent-seeking practically and safeguard the legal rights and interests of these forest owners against being infringed, so that they shall be able to maintain production and operation on the premise of a just, reasonable and orderly environment, to accelerate the sustainable development of forestry.In the second part, I introduce the current situation of management in examining and approving license for forest cutting in our country. On the one hand, the system of examination and approval for forest cutting quota was implemented in 1987. It was a limitation management of cutting which means to determine the cutting volume of the year according to the current increment. The cutting volume was restricted by the cutting index of the year determined by the forestry departments. On the other, the examination and approval system of license for cutting was implemented. It means that the owner of forest right must file an application. It is not allowed to cut without approval and official reply. The examination and approval for forest cutting must be decided by the forestry department, and without its permission, no unit or individual is allowed to cut privately. The system of license for forest cutting determines that the management of forest cutting belongs to the category of administrative examination and approval.In the third part, I point out the problems exist in current examination and approval works of license for forest cutting and their harms. The problems mainly present in two aspects. On the one hand, the forestry administrative institutions do not open the process of examination and approval for forest cutting to the public, so it is not transparent. For the volume and distribution of cutting index are not opened by forestry department, which obviously shows asymmetry of information, as a result, the rights to know of owners of forest right and the public are deprived. This is not favorable to reasonably and effectively supervise and prevent the forestry administrative institutions and personnel from seeking rent by abusing their powers. It is also not fair to the owners of forest right. On the other, for the process of examination and approval, which is not opened, lacks transparency, and consequently the examining and approving personnel will be easy to distribute the cutting index secretly and abuse their powers in rent-seeking. The harms of rent-seeking shall result in following social influences: a) It is not favorable to arouse the working enthusiasm of staff in forestry department. b) It causes unequal rights of forest right owners and deteriorates the general mood of the society. c) It greatly damages the image of"public right"of forestry. d) It endangers the social and political stability.In the fourth part, I analyze the reasons for these problems. On the one hand, being influenced by the extensive management mode of forestry in the era of planned economy, monopoly phenomenon appears in the management of examination and approval for forest cutting. These two phenomena, deficiency of the right to know of the public and centralization of examination and approval, are favorable to rent-seeking. On the other, it is deficient of perfect administrative supervision system. The current administrative supervision system lacks perfect regulations and specialized institutions as well as professional personnel for supervision, all of which cause ineffectiveness of supervision.In the fifth part, I analyze the countermeasures for the problems exist in examination and approval of license for forest cutting. On the one hand, I insist in improving the applicability of administrative permission law in the management of examination and approval for forest cutting. The meaning and effects of administrative permission law and its applicability in forestry works are discussed. For the meaning and effects, it mainly explains that the administrative permission law is able to solve many problems actually exist in administrative examination and approval, and control the space of rent-setting and rent-seeking used by administrative institutions. For applicability, it mainly discussed that we shall update the ideas for management of examination and approval for forest cutting and accelerate the scientificity, democracy and practicality of forestry legislation by implementing administrative permission law. On the other, perfect the supervision effect of system. It includes: strengthening the reform of administrative system and steadily pushing forward the process of ruling by law, strengthening the systematic construction for enhancing the moral quality of personnel, strengthening the construction of administrative supervision system, opening the government affairs concerning examination and approval of license for forest cutting to accept the supervision by public opinion, increasing the opportunity cost for rent seekers, etc.