The Research On Adminstrative Enforcement Of Forest Public Security

As a member of forest public security, the author can be fully aware of the practical problem of the administrative enforcement of the forest public security, and put forward an effective solution on the basis of personal experience, which was the original purpose for choosing that as graduate thesis. As a thesis which is closely related to practical work, its practical meaning is believed to be more important.In our country the documented forest public security team dates back to the end of the Qing dynasty, when there were 110 members in total. Subsequently forest public security has developed and expanded rapidly with the development of the time. After the founding of PRC, the construction of the forest public security organs has experienced mainly three development phases. And the construction keeps progressing in spite of some difficulties and frustrations. So far, a well-established forest public security team of certain scale has already been taken initial shape. Fully staffed, it is able to cope with cases of domestic forest public order disruption and the damage to forest resources as well as wildlife resources.For over thirty-year's development, we have made remarkable progress in economy, society, culture since the opening-up and reform. However, as for forestry, with a poor foundation the forest public security team is still not perfect enough, and it has some problems. For instance, the development is unsatisfactory, the overall quality and law enforcement capacity of the forest policemen is still relatively poor, and its ability to communicate with the corresponding administrative departments is insufficient. Therefore it sometimes fails to meet the needs of the increasing development of forestry, resulting in hidden danger in social security and the destruction of forest resources and wildlife resources.How to improve forest public security's ability of administration according to law, maintain the social order within the forest and protect the forest and wildlife resources at the same time is the most serious problem faced by our forest public security organs, which is also the purpose and the significance of this paper.The paper is mainly divided into three parts. The first part is to introduce the history of forest public security organs and their nature and tasks. Firstly, it gives a brief introduction to the history of forest public security organs, from the poor public security system with problems and troubles at the beginning to current improvement after various types of restructuring, which paves the way for the analysis of the problems in the following chapters. Secondly, it gives the reader a brief but comprehensive knowledge about the job of the forest public security by explaining its nature and tasks. In this chapter, the author, from the aspect of forest industry, describes several typical cases in some of our provinces at present and analyzes their facts and data, thus increasing the pragmatic significance. Thirdly, the paper summarizes the source of the administrative rights of the forest public security organs in China so as to better the understanding of those rights.The second part is to present the status quo of the administrative enforcement of the forest public security and to analyze the following three existing problems, the capacity of its law enforcement, the subjects of its law enforcement and the administrative sanctions, which are the key issues for forest public security. In this chapter, the author, from the perspective of laws and regulations, will expound the main conflicts in the development of the forestry in our country and the significance of perfect accomplishment of the job. And concerned with the problems which arise during the process of the forestry production and are frequently encountered in reality, the author offers the analysis and explanations. Meanwhile, using relevant legal principles, the author, within the legal framework, points out the problems existing in the administrative law enforcement in our country.Based on the analysis of the current situation, the third part puts forward a proposal to regulate the law enforcement of forest public security from the following three aspects, the capacity of its law enforcement, the subjects of its law enforcement and the administrative sanctions. The paper analyzes ways to improve the administrative enforcement capabilities of the forest public security, to standardize the subjects of its law enforcement, and how to clarify and perfect administrative sanctions, thus guaranteeing the stable, orderly, healthy and sustainable development of the forestry industry in our country. To begin with, we need to improve the personal quality and ability of forest police. And then we should improve the administrative enforcement of the whole forest public security team. Besides, we must emancipate the mind, equipping our forest public security with advanced theory to maintain the public order and protect forest resources and wildlife resources. And the last but not the least, we need to communicate and coordinate with relevant forestry departments to achieve the division of labor and well-defined rights and responsibilities, and thus work for the development of our forestry in a joint effort.Our forest public security authorities bear the heavy loads of maintaining forest public order and protecting forest resources. If our forest public security organs want to fulfill their duties and exert their administrative rights according to law, they must change the inherent thinking mode, get rid of the out-dated working routines, and actively explore a new set of mechanisms suitable for forest public security law enforcement with the consciousness of reform and concept of innovation in the new situation of continuous development.Forest public security organs need to exert administrative power as well as criminal power for some of the cases. But we should well distinguish administrative cases from criminal cases, improve the ability of administrative enforcement, complete the responsibilities required by laws and regulations, and maintain forest public order and protect forest resources and wildlife resources. It will be a long process to improve the construction of our forest public security troops, and enhance the ability of the administrative enforcement of the forest public security in our country. We should continuously recruit professional talents with forestry knowledge to us in order to raise the overall quality, enhance our understanding of the social security in forest region, the knowledge specialized in forestry and the current situation of the forest resources and wildlife resources, and thus consequently establish a sound system of forest public security.