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The Ecological Regulation To Forest Resource Usufruct Based On A New Classification

Posted on:2021-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:W LiFull Text:PDF
GTID:2370330629484558Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
This study chooses to improve the ecological regulation system of forest resource usufruct from the two approaches of typology and systematization,and both premises are to classify the forest resource usufruct.The ecological regulation and classification of forest resource usufruct is the relationship between purpose and means.On the one hand,it is necessary to examine the rationality and correctness of the means based on the purpose,that is,to analyze the macro-requirements for the classification of forest resource usufruct based on the improvement direction of ecological regulation.On the other hand,it is necessary to adopt means to achieve the goal,that is,specific ecological regulations should be made according to specific types.Improving the ecological regulation of forest resource usufruct in China needs to proceed from the two approaches of typology and systematization,and the ecological value needs to be included in the dominance of forest resource usufruct.This requires that the classification of forest resource usufruct should be clear,diverse,complex and systematic,which can neither completely separate the various components of forest resources nor treat all elements as a whole without clear classification.In addition,the ecological value of forest resources should be considered as a factor in the classification of forest resource usufruct.However,the two ways of classifying forest resource usufruct based on object and main purpose in law and consumptive in theory are not suitable for the above needs of improving ecological regulation.Therefore,it is necessary to reconstruct a new classification of forest resource usufruct.The new classification of forest resource usufruct has a two-tier structure,and the first stratum is based on object.First of all,according to the internal structure of the natural state of forest resources,a three-dimensional,multi-level classification is carried out.Second,the systematic classification is carried out according to the ecological integrity and systematic nature of forest resources.Finally,forest resource usufruct are subdivided based on the value and demand diversity of forest resources.On the basis of the first stratum,the second stratum is based on the differences in the rights structure of forest resource usufruct.On the one hand,different types of forest resource usufruct have different rights in possession,use,and income in terms of object,form,and duration.On the other hand,based on the differences in the structure of the mother rights of forest resource usufruct,forest resource usufruct can be divided into three types: unitary forest resource usufruct,compound forest resource usufruct and integral forest resource usufruct.Finally,based on the new classification,the ecological regulation system of forest resource usufruct in China is improved from two approaches: typology and systematization.First,the typology approach to the ecological regulation of forest resource usufruct requires the typified ecological regulation to different types of forest resource usufruct,and different levels of ecological regulation measures should be taken respectively.On the one hand,it is a typified ecological regulation on the exercise of forest resource usufruct;on the other hand,it is a typology of the participation degree of the main body of ecological regulation.Secondly,the systematic approach to the ecological regulation of forest resource usufruct requires consideration of the relationship between different types of forest resource usufruct to carry out integrated ecological regulation.First,three kinds of mother right structure types of forest resource usufruct are systematically regulated..Secondly,on the basis of adhering to the fundamental principle of sustainable development,the principle of proportionality is used to measure the interests conflicts in the systematic ecological regulation of forest resource usufruct.
Keywords/Search Tags:forest resource usufruct, the ecological regulation, typology approach, systematization approach, a new classification
PDF Full Text Request
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