Theoretical Research On Compensation System Of Forest Eco-benefit In China

At present, the environmental issues have been paid much attention worldwide. How to solve these problems has also been carried to the official agenda. Forest, as a main body of land ecosystem, is the most perfect stock of genes, water resources, carbon, energy and other resources. It has the function to improve the quality of environment, keep balance of ecosystem, and also capable to the implementation of sustainable development. As strong emphasis on economic value while ignorant of ecological function, a great amount of forest, form virgin forest in cold zone in northeast to equatorial rain forest in southwest, were chopped. As a result, climate becomes worsening, water and soil erosion appears to be a fatal question. Thus the compensation system of forest ecological benefits begins to enter the horizon of society. This paper dedicate to legislative analysis of compensation system of forest ecological benefits in China from the legal perspective.This paper firstly analyzes the characteristics, theoretical basis and the principles of compensation system of forest ecological benefits based on defining the concepts of the forest ecological benefits and the compensation system of forest ecological benefits. Second, it introduces the forest ecosystem from historic view, describes the development of compensation system of forest ecological benefits in China, points out some defects in practice and analyzes the reasons. Then, it introduces some advanced experience from foreign countries about the compensation system of forest ecological benefits. At Last, it puts forward some beneficial proposals from different aspects to perfect the compensation system of forest ecological benefits in China.In able to consummate the compensation system of forest ecological benefits in China, the following aspects should be considered. First, improve the legislative decision-making process depending on national legislation. We should establish a legislative hearing system to ensure counterpart's procedural rights and democratic rights such as the right to know, the right of hearing of witnesses, the right to state, the right to defend themselves, the right to participate in making decisions. Second, perfect the financial system. China is a developing country and has strong ambition of modernization. It is unrealistic to expect national funds to burden the conservation of forest resources. Therefore, expect for finance input, government should also strengthen the management system of funds to effectively improve the efficiency of their usage. Thirdly, construct a comprehensive legal system for the compensation of forest ecological benefits. In order to provide legal guarantee for the compensation, on one hand, Compensation Fund for Forest Ecological Benefit Law should be published; on the other hand, it is essential to amend some current relevant laws and regulations such as Personal Income Tax Law, Tax Collection and Administration Law, and Anti-desertification Law. Last, it is necessary to strengthen the research work of related areas such as forest eco-benefit assessment, the property rights of forest and woodland, which can provide a strong support to scientific compensation.