I. Overview of Forest Law
(1) About forests
Legal concept of forest. Article 2 of the Regulations for the Implementation of Forest Law stipulates that:
Forest resources include forests, trees and woodlands, as well as wild animals, plants and microorganisms that depend on forests, trees and woodlands for survival.
Forests, including arbor forests and bamboo forests. (The concept of forest in forestry: "Forest is a biological community with trees as the main body. It is also an ecosystem with trees as the main body. " )
Trees, including trees and bamboo.
Woodlands include arbor woodlands, bamboo forests, shrubbery woodlands, sparse woodlands, deforested woodlands, burned woodlands, undeveloped woodlands, young woodlands and suitable woodlands planned by people's governments at or above the county level.
Forest coverage. Article 24 of the Regulations for the Implementation of the Forest Law stipulates that the forest coverage rate mentioned in the Forest Law refers to the percentage of forest area and land area within the administrative area. Forest area, including arbor forest land and bamboo forest land with canopy density above 0.2, shrub land area specified by the state, farmland forest network and tree coverage area in villages, roadsides, watersides and houses.
Forest is the main body of terrestrial ecosystem. Among all kinds of ecosystems, forest ecosystem has the most direct, significant and critical impact on human beings. Forest is the most abundant, stable and perfect carbon pool, gene pool, resource pool, water storage pool and energy pool in nature. Forests have many functions, such as regulating climate, conserving water, conserving soil and water, preventing wind and fixing sand, improving soil and reducing pollution. Forests play a decisive and irreplaceable role in improving the ecological environment, maintaining ecological balance and protecting the "basic environment" for human survival and development.
Forest is the cradle of human evolution and human civilization. The ancestors of human beings gradually evolved from a member of forest animals to today's "people". Forests provided living conditions for primitive humans. The forest is the place where they live, feed, work and even resist the enemy, so it has become the birthplace of human reproduction and evolution. Without the shelter of forests, human survival and development will lose support. The way of life of human beings has experienced a road of "completely relying on the forest → going out of the forest → returning to the forest urgently".
The sharp decline of forests leads to six ecological crises. In the past 100 years, the utilization and destruction of forests by human beings have reached a very alarming level. In the early days of human civilization, two-thirds of the earth was covered by forests, about 7.6 billion hectares; At the end of the twentieth century, it was reduced to 3.44 billion hectares, and the forest coverage rate dropped to 27%. From a global perspective, the sharp decline of forests has directly led to six major ecological crises. 1. Serious desertification of land; 2. Serious soil erosion; 3. Severe drought and water shortage; 4. Serious flood disaster; 5. A large number of animal and plant species are extinct; 6. The greenhouse effect has intensified.
It can be seen from these six ecological crises that the consequences of destroying forests are extremely serious. Scientists assert that if forests disappear from the earth, 90% of life on land will be extinct; 90% of the fresh water in the world will flow into the sea; Biological nitrogen fixation will be reduced by 90%; Biological oxygen release will be reduced by 60%; At the same time, there will be many ecological problems and production problems, and human beings will not be able to survive.
China's forest coverage rate is only 62% of the world average, per capita forest area is only 20% of the world average, and per capita forest stock is only 12% of the world average. At present, soil erosion accounts for 38% of China's land area, desertification accounts for 18% of China's land area, and 15-20% of animal and plant species are endangered. In recent years, the economic losses caused by ecological destruction and environmental pollution in China account for about 14% of GDP.
(2) About Forest Law
1, the historical origin of forest law
Protecting forest resources through legislation is a common practice all over the world.
Countries with more developed forestry in the world have relatively complete forestry laws and regulations. The ancient code of hammurabi (ancient Babylonian kingdom in BC18th century) had provisions on forest cultivation and logging. The earliest forest laws in modern times were15th century single forest regulations in Baden, Germany, and16th century forest laws in Bavaria, Germany. At present, Britain, Germany, Japan, the United States and other economically developed countries have established relatively complete forest legal systems.
Historically, China has been based on agriculture. In the long-term agricultural production practice, the working people in China have long recognized the important role of forests in ensuring agricultural development and attached great importance to the protection of forests. Rulers of past dynasties have paid attention to the protection of forests to varying degrees, although their purposes are different. In the Xia Dynasty, the first slave country in China, there was a stipulation that "it is forbidden to climb axes in the mountains in spring and March to make the plants grow", which is probably the earliest legal provision for protecting forests in China (big). The decree of the Zhou Dynasty stipulated: "Anyone who steals wood will be punished." "Whoever doesn't plant a tree has no tree." (Zhou Li). In other words, people who steal trees must be punished, and ordinary people who don't plant trees won't give coffins after death. When Zhou Wenwang was in office, he also wrote the Order of Cutting Sacrifice, which stipulated that "it is forbidden to cut down and plunder six animals. Those who are inferior to this order will die without forgiveness" (comprehensive evaluation).
In the modern history of our country, the first forest law specifically stipulated the cultivation, management and protection of forests was 19 12, the Outline of Forest Policy formulated by the government of the Republic of China after the success of the Revolution of 1911. On the basis of the Forest Policy Program, the government of the Republic of China promulgated the Forest Law (the first modern forest law in China) in 19 14, with six chapters and 32 articles. 19 15 the detailed rules for the implementation of the forest law and the regulations on afforestation incentives were promulgated. 1932, the government of the Republic of China re-promulgated the revised Forest Law, with a total of 10 chapters and 77 articles.
2. Legislative process of current forest law.
After the founding of People's Republic of China (PRC), forestry legislation has made remarkable achievements. Article 18 of the land reform law promulgated by 1950 stipulates: "Big forests, big water conservancy, big barren hills and big wasteland ... all belong to the state and are managed and operated by the people's government." This provision is an important legal basis for establishing national ownership of forest resources in China. Since then, the state has formulated a series of forestry laws, regulations and decrees according to the requirements of forestry in different periods.
* * * The first forest law of the Republic of China was the Regulations on Forest Protection promulgated in 1963. The sixth meeting of the National People's Congress Standing Committee (NPCSC) 1979 passed the Forest Law of People's Republic of China (PRC) (Trial), which became the first separate economic law in China since the reform and opening up.
On the basis of five years' implementation of the Forest Law (for Trial Implementation), the Forest Law of People's Republic of China (PRC) was adopted by the Seventh Session of the Sixth the National People's Congress Standing Committee (NPCSC) on June 20th 1984, and came into force on June 1 985+1October1. 1On April 29th, 998, the second meeting of the Standing Committee of the Ninth NPC adopted the Decision on Amending the Forest Law of People's Republic of China (PRC), and re-promulgated the revised forest law, namely the current forest law.
3. Basic tasks and principles of forest law
The current forest law * * * Chapter 7, Article 49 (Chapter 1, General Provisions; Chapter II Forest Management; Chapter III Forest Protection; Chapter IV Afforestation; Chapter V Forest Cutting; Chapter VI Legal Liability; Chapter VII Supplementary Provisions). On June 29th, 2000, Decree No.278 of the State Council, People's Republic of China (PRC) issued the Regulations for the Implementation of Forest Law in People's Republic of China (PRC). "Regulations for the Implementation of Forest Law of People's Republic of China (PRC)" * * Chapter VII Article 48. (Chapter I General Provisions; Chapter II Forest Management; Chapter III Forest Protection; Chapter IV Afforestation; Chapter V Forest Cutting; Chapter VI Legal Liability; Chapter VII Supplementary Provisions)
Basic tasks of forest law. At the beginning of the Forest Law, it is pointed out that the legislative purpose of this law is to "protect, cultivate and rationally utilize forest resources, speed up the greening of the country, give play to the role of forest in water storage and soil conservation, regulate climate, improve the environment and provide forest products, and meet the needs of socialist construction and people's lives". According to this purpose, the basic tasks of forest law are: (1) safeguarding forest rights; (2) encourage afforestation; (3) protecting resources; (4) improve the environment.
Basic principles of forest law. The basic principles of forest law refer to the fundamental principles that run through all the contents of forest law and guide the legislation, justice and enforcement of forest law, and are the foundation and soul of each specific clause. The basic principles of China's forest law can be summarized as follows: (1) the principle of giving priority to ecological benefits; (2) Follow the principle of forest resources' own laws; (3) The principle of sustainable utilization based on silviculture; (4) The state implements the principle of key protection of forest resources.
Second, an overview of the main management system of forest law
The current forest law has set up a series of forest resources protection and management systems, which can be summarized into five categories: 1. Forest right system; 2. Forest classification management system; 3. Afforestation system; 4. Forest protection system; 5. Forest harvesting system.
(A) Forest right system
Ownership of forests, trees and woodlands, referred to as forest right. Forest right refers to the ownership and use right of forests, trees and woodlands. Ownership, that is, the General Principles of the Civil Law stipulates that "all people have the right to possess, use, benefit and dispose of their own property according to law". The right to use refers to the user's right to possess, use and benefit from property in accordance with legal provisions and agreements. The main norms of the forest right system set by the Forest Law are as follows:
1, forest property rights protection standard
The second paragraph of Article 3 of the Forest Law stipulates the types and certification standards of forest rights.
① According to the Forest Law, there are six legal types of forest rights, namely, the ownership and use right of forests, trees and woodlands.
(2) According to the provisions of the Forest Law, the rights of forest right holders are registered by local people's governments at or above the county level, and certificates are issued to confirm the ownership or use right. The State Council may authorize the competent forestry authorities in the State Council to register the forests, trees and woodlands in key forest areas identified by the State Council and issue certificates.
2, forest rights dispute handling norms
Article 17 of the Forest Law stipulates the subject, relief procedure and relevant norms of forest right dispute settlement.
① The legal subject of forest right dispute settlement is the people's government. This is a norm before the administrative ruling. The Forestry Law stipulates that disputes over the ownership and use right of trees and woodlands between units shall be handled by the people's governments at or above the county level according to law; Disputes between individuals and between individuals and units over forest ownership and forest land use rights shall be handled by local people's governments at the county or township level according to law.
(2) The relief procedure of forest right disputes. According to the Forest Law, if a party refuses to accept the decision of the people's government, he may bring a lawsuit to the people's court within one month from the date of receiving the notice.
(3) In case of forest right disputes, protect the rights and interests of forest owners and standardize forest resources. The Forest Law stipulates that no party may cut down the disputed trees before the dispute over the ownership of trees and forest land is resolved; If you violate it, you must bear the corresponding legal responsibility.
3, forest right transfer norms
Article 15 of the Forest Law stipulates the conditions and related matters of forest right transfer.
1998, in order to meet the needs of the development of market economy, the relevant policies of forest right transfer were stipulated when the Forest Law was revised. The main norms are:
First, the right to use forests, trees and woodlands can be transferred according to law, and can also be used as shares at a fixed price according to law or as a condition for joint venture and cooperative afforestation and forest management.
Second, the conditions of forest right transfer. The forest land use right and forest ownership of timber forest, economic forest and firewood forest owned by the forest right holder, as well as other forests, trees and other forest land use rights stipulated by the State Council can be transferred. The essence is to liberalize the circulation of commercial forests and restrict the circulation of public welfare forests.
Third, measures to prevent the possible negative effects of circulation are stipulated. Forest right can be transferred according to law, but forest land cannot be turned into non-forest land. Both parties to the transfer must abide by the provisions of the Forest Law on forest harvesting and reforestation.
4. Protection of rights and interests
Article 3, paragraph 3 and Article 7 of the Forest Law stipulate measures to protect forest rights and reduce the burden on forest farmers.
(1) Regarding the protection measures of forest rights, the Forest Law stipulates that the legitimate rights and interests of owners and users of forests, trees and woodlands are protected by law, and no unit or individual may infringe upon them.
(2) With regard to the protection of the legitimate rights and interests of collectives and individuals contracted for afforestation, the Forest Law stipulates that the state protects the legitimate rights and interests of collectives and individuals contracted for afforestation, and no unit or individual may infringe upon the forest ownership and other legitimate rights and interests enjoyed by collectives and individuals contracted for afforestation according to law.
(3) With regard to reducing the burden on forest farmers, the Forest Law stipulates that the state protects the legitimate rights and interests of forest farmers, reduces their burden according to law, prohibits illegal charges and fines from forest farmers, and prohibits apportionment and compulsory fund-raising from forest farmers.
(2) Forest classification management system
Forest classified management is to classify forests according to their different management purposes and advantages, and implement corresponding management measures to achieve the purpose of forest management. Forest classification management theory divides forests into two categories-public welfare forests and commercial forests. The Forest Law regulates the classified management of forests in a scattered way, but the basic framework is clear. 1984 forest law stipulates basic forest classification norms and forest harvesting management norms corresponding to forest classification management; 1998 When the Forest Law was revised, the forest ecological benefit compensation fund system was established; 1999 "Regulations on the Implementation of Forest Law" stipulates the zoning norms of public welfare forests. The regulation of forest classification management in forest law can be summarized as four aspects:
1, basic specification of forest classification
Article 4 of the Forest Law stipulates that forests are divided into five categories: shelter forests, timber forests, economic forests, firewood forests and special-purpose forests.
Shelterbelt and special-purpose forest are mainly used to provide ecological benefits and belong to public welfare forests; Timber forests, economic forests and firewood forests are mainly used to provide tangible forest products and belong to commercial forests.
2, forest ecological benefit compensation specification
The second paragraph of Article 8 of the Forest Law stipulates the establishment, compensation object, scope and use standard of forest ecological benefit compensation fund.
① Forest ecological benefit compensation policy. 1998 when the Forest Law was revised, it was stipulated that the state should set up a forest ecological benefit compensation fund, which was a fundamental improvement of the legal system of forest classified management in the Forest Law. The implementation of forest ecological benefit compensation fund system is a major strategic change in the process of forest management and ecological construction in China, which fundamentally changes the forestry management system with the sole purpose of wood production and utilization, marks the establishment of the main position of forests in ecological construction, is extremely important for ecological location or fragile ecological situation, and plays an important role in national ecological security, biodiversity protection and sustainable economic and social development.
② The object and scope of forest ecological benefit compensation. The forest ecological benefit compensation fund is used for the creation, tending, protection and management of forest resources and trees in shelterbelts and special-purpose forests that provide ecological benefits.
In addition, the Forest Law emphasizes that the forest ecological benefit compensation fund must be used for special purposes and shall not be used for other purposes.
3. Forest cutting management norms corresponding to forest classification management.
Article 31 of the Forest Law stipulates the management norms of forest harvesting.
(1) About the logging norms of commercial forests-mainly timber forests. The Forest Law stipulates that mature timber forests should adopt selective cutting, clear cutting and shelter forest cutting according to different situations, and clear cutting should be strictly controlled, and reforestation should be completed in the same year or the following year.
(2) The cutting standard of public welfare forest. The Forest Law stipulates that the national defense forest, mother forest, environmental protection forest and scenic forest in shelter forests and special-purpose forests are only allowed to be cut for tending and regeneration; It is strictly forbidden to cut down the scenic spots and historical sites in special-purpose forests, trees in revolutionary memorial sites and forests in nature reserves.
4, public welfare forest zoning specification
Article 8 of the Regulations for the Implementation of Forest Law stipulates the main body of division, examination and approval procedures and area control standards of public welfare forests.
(1) The national key public welfare forest (formerly the national key shelter forest and special purpose forest) shall be put forward by the competent forestry department of the State Council and submitted to the State Council for approval and promulgation.
Local key public welfare forests are proposed by the competent forestry authorities of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the people's governments at the corresponding levels for approval and promulgation.
(three) other public welfare forests shall be demarcated by the competent forestry department of the people's government at the county level according to the provisions of the state on the division of forest species and the deployment organization of the people's government at the same level, and shall be reported to the people's government at the same level for approval and promulgation.
The areas of key shelterbelts and special-purpose forests within the administrative areas of provinces, autonomous regions and municipalities directly under the Central Government shall not be less than 30% of the total forest area within their respective administrative areas.
(3) Afforestation system
Afforestation is the fundamental measure to cultivate and increase forest resources. The legal norms of afforestation in Forest Law mainly include six aspects: forestry construction policy, scientific and technological support, economic support, voluntary tree planting system, afforestation planning, afforestation task and closing hillsides to facilitate afforestation.
1, established the forestry construction policy based on silviculture.
Article 5 of the Forest Law stipulates that forestry construction should be based on forest management, universal forest protection, vigorous afforestation, combination of cutting and breeding, and sustainable utilization.
The so-called "based on silviculture" means taking silviculture as the basis of forestry construction and putting the cultivation and development of forest resources in the first place in forestry construction. The so-called "national forest protection" requires all sectors of society to seriously and effectively protect existing forest resources. The so-called "combination of harvesting and cultivation and sustainable utilization" refers to the organic combination of logging and cultivation of forest resources, and the planned logging on the basis of expanding forest area. By cultivating new forest resources, the forest resources will maintain a balanced and stable development, thus continuously meeting the needs of people's lives and social and economic development. Sustainable utilization is actually the sustainable development of forestry.
2. Encourage forestry scientific research and popularization.
Article 6 of the Forest Law stipulates that the state encourages scientific research in forestry, popularizes advanced forestry technology and improves the level of forestry science and technology.
Rejuvenating the country through science and education is one of the strategic policies of China's economic and social development, and forestry development needs scientific and technological support. Science and technology play an important role in forestry development. First, improve the quality of forest seedlings through scientific and technological progress; Second, through scientific and technological progress, improve the level of forest pest control, fire prevention and disaster prevention; Third, through scientific progress, improve the level of forest management, and then improve forest quality and forestry productivity.
3. Policies and measures to support afforestation
Article 8 of the Forest Law stipulates the supporting policies and measures for afforestation.
In view of the fact that forestry is a weak industry and public welfare undertaking in the national economy, the Forest Law stipulates a series of policies and measures to support afforestation, mainly:
Give economic support or long-term loans to collective and individual afforestation and afforestation.
(2) the collection of afforestation fees, earmarked for afforestation. Afforestation fee is to extract a certain amount of funds from the sales income of wood and other forest products for afforestation, also known as afforestation fund.
(3) Coal, paper and other departments, according to the output of coal and wood pulp paper and other products to extract a certain amount of funds, specifically used to build timber forests such as pit wood and paper;
④ Establishing forestry fund system. Forestry fund consists of state investment in forestry, financial allocation, bank loans, afforestation fees, donations and other funds, which are mainly used for afforestation.
⑤ Establish forest ecological benefit compensation fund system.
4, voluntary tree planting regulations
Planting trees and greening the motherland is a key measure to improve the ecological environment and realize the harmonious unity between man and nature, an important part of building socialist material civilization and spiritual civilization, and a great cause to benefit future generations. Therefore, at the fourth session of the Fifth National People's Congress, on February 319813, on the initiative of Comrade Deng Xiaoping, the Resolution on Launching the National Voluntary Tree Planting Campaign was promulgated and implemented, which stipulated: "Where conditions permit, the age is1/.
Article 1 1 of the Forest Law further reaffirms the obligation to plant trees. Voluntary tree planting is a kind of unpaid voluntary labor that serves the country and society as stipulated by law. "Voluntary tree planting" has three characteristics: first, it is legal, second, it is compulsory, and third, it is compulsory.
5, about the division of labor and responsibility of afforestation
Article 26 of the Forest Law stipulates afforestation planning, task implementation and departmental responsibilities.
(1) Specify the responsibilities of greening planning. People's governments at all levels shall formulate afforestation plans according to local conditions and determine the goal of improving the forest coverage rate in this area. Making afforestation planning is an important responsibility of the government and a blueprint for guiding afforestation work. The amount of forest coverage reflects the amount of forest resources and the degree of greening in a country and region.
(2) Implementation of afforestation tasks. Planting trees and greening the motherland is a task that needs to mobilize the whole society and all walks of life to participate together. In order to ensure the completion of the task of greening planning, people's governments at all levels should do a good job in organizing and leading. All departments, systems and units should carry out their duties in accordance with the afforestation plan and conscientiously complete the afforestation task. At the same time, establish and improve the green target responsibility system for leading cadres, and take afforestation as one of the main contents of assessing the performance of administrative leaders at all levels, especially county and township administrative leaders.
(3) Provisions on afforestation in barren hills and wasteland suitable for afforestation. In order to carry out afforestation and expand the forest area, the Forest Law stipulates that the state-owned barren hills and wasteland suitable for afforestation shall be organized by the competent forestry authorities and other competent departments. Collectively own barren hills and wasteland suitable for afforestation shall be afforested by collective economic organizations.
At the same time, it is stipulated that barren hills and wasteland suitable for afforestation should be contracted for afforestation. The implementation of contracted afforestation in barren hills and wasteland suitable for afforestation can mobilize the enthusiasm of units or individuals and accelerate the greening process of barren hills and wasteland. The Forest Law stipulates that "the barren hills and wasteland suitable for forest owned by the state and the collective can be contracted by the collective or the individual for afforestation". On June 25, 2003, the Decision of the State Council City, the Central Committee of the Communist Party of China on Accelerating Forestry Development clearly stipulated that "the state encourages all kinds of social entities to invest and develop forestry across ownership, industries and regions. All capable farmers, urban residents, scientific and technological personnel, private entrepreneurs, foreign investors, enterprises, institutions and cadres and workers of government organizations can participate in forestry development and engage in forestry construction alone or in partnership. " Government officials and workers can participate in forestry development and engage in forestry construction, which is a special policy of the state to encourage forestry development. In order to mobilize the enthusiasm of all walks of life to participate in forestry construction and development, in 2004, our province issued the Notice on Further Promoting the Whole Society to Run Forestry. At present, the province's enthusiasm for forestry is unprecedented. This year, more than half of the barren hills were planted by government officials, employees of enterprises and institutions and laid-off workers through contracting and leasing.
(4) Provisions on regional greening of railways, highways, rivers and lakes. Afforestation on both sides of railways and highways, around rivers and lakes, industrial and mining areas, institutions, schools, farms, pastures and other areas is conducive to speeding up the greening of the country and improving the ecological environment. In accordance with the principle of forestry run by the whole society and greening by the whole people, the relevant competent departments shall organize or be responsible for afforestation in this area. For example, on both sides of railways and highways, railway and highway departments are responsible for organizing afforestation. Schools, troops, etc. This unit is responsible for afforestation.
6. Closing hillsides to facilitate afforestation
Article 28 of the Forest Law stipulates that newly-built young forest land and other places that must be closed for afforestation shall be closed for afforestation by the local people's government.
Closing hillsides to facilitate afforestation is a way to make use of the natural regeneration ability of trees to regularly close hillsides to facilitate afforestation, prohibit or restrict human and animal activities that are harmful to the growth of trees, and restore forest vegetation after closing hillsides to facilitate afforestation. Closing hillsides for afforestation is an effective measure to accelerate the development of forestry, which is conducive to improving the living environment of wild animals and protecting the ecological environment. Therefore, it is necessary to actively carry out artificial afforestation and vigorously develop closing hillsides for afforestation.
(4) Forest protection system
Forest protection is an important measure to protect forest resources and maintain ecological security. The Forest Law stipulates the principles and management norms for the protection of forest resources. For specific legal systems such as wildlife protection, forest fire prevention, forest pest control, and nature reserves, the Wildlife Protection Law, Forest Fire Prevention Regulations, Forest Pest Control Regulations, Forest and Wildlife Nature Reserve Management Measures, and Wild Plants Regulations have made specific provisions respectively. This paper mainly introduces six provisions of the forest law itself.
1, on forest resources inventory
Article 14 of the Forest Law stipulates that the competent forestry authorities at all levels shall be responsible for organizing the inventory of forest resources, establishing a resource file system, and mastering the changes of resources.
Forest resources inventory is the basic work of forest resources cultivation, protection and management. The main task of forest resources inventory is to find out the quantity, quality, distribution and types of forest resources, master the growth and decline law of forest resources, objectively reflect the natural and economic conditions, conduct comprehensive evaluation, and put forward reasonable and accurate forest resources investigation materials, statistical data and investigation reports. Forest resources inventory, the implementation of unified standards, classification survey system. Mainly divided into three categories: first, the national forest resources inventory, referred to as "first-class inventory", organized by the Ministry of Forestry and carried out by provinces; Second, the planning and design survey, referred to as "second-class inventory", is organized by the provincial forestry department and conducted by the county; Three, homework design survey, referred to as "three kinds of inventory", is a detailed survey conducted by production and business units to meet the needs of production and operation.
2, forest land occupation management norms
Article 18 of the Forest Law stipulates the examination and approval procedures for the occupation of forest land, the payment of forest vegetation restoration fees and the management of forest vegetation restoration fees.
(1) Examination and approval procedures for forest land occupation. Exploration and exploitation of mineral deposits and various construction projects shall not occupy or occupy less forest land; If it is necessary to occupy or requisition forest land, the formalities for examination and approval of construction land shall be handled in accordance with land management laws and administrative regulations after being examined and approved by the competent forestry department of the people's government at or above the county level.
② Forest vegetation restoration fee. Approved occupation of forest land, land units in accordance with the relevant provisions of the State Council to pay forest vegetation restoration fees.
③ Management of forest vegetation restoration fee. The forest vegetation restoration fee shall be earmarked for special purposes, and the competent forestry authorities shall, in accordance with the relevant provisions, uniformly arrange afforestation to restore forest vegetation, and the afforestation area shall not be less than the forest vegetation area reduced due to the occupation and requisition of forest land. The competent forestry department at a higher level shall regularly supervise and inspect the afforestation and forest vegetation restoration organized by the competent forestry department at a lower level.
3, forest protection norms
Article 19 of the Forest Law stipulates the establishment of forest protection organizations and the duties of forest guards.
(1) Establish a forest protection organization. Local people's governments at all levels shall organize relevant departments to establish forest protection organizations to be responsible for forest protection work; According to the actual needs, increase forest protection facilities in large-scale forest areas and strengthen forest protection; Urge grass-roots units with forests and forest areas to conclude forest protection conventions, organize the masses to protect forests, delimit forest protection responsibility areas, and equip full-time or part-time forest guards.
② Ranger duties. Rangers may be appointed by people's governments at the county or township level. The main duty of a ranger is to patrol the forest and stop the destruction of forest resources. Rangers have the right to ask local authorities to deal with acts that destroy forest resources.
4, forest fire prevention code
Article 2 1 of the Forest Law defines the responsibility of the government for prevention and governance. One is to stipulate the forest fire prevention period, during which it is forbidden to use fire in the wild in the forest area; The second is to set up fire prevention facilities in forest areas; Third, once a forest fire breaks out, local soldiers and civilians and relevant departments must be immediately organized to put it out; Fourth, those who are injured, disabled or sacrificed due to fighting forest fires shall be given medical treatment and pension according to regulations.
5, forest pest control norms
Article 22 of the Forest Law stipulates the norms for the prevention and control of forest pests and diseases. There are two main provisions: first, the competent forestry authorities are responsible for organizing the prevention and control of forest pests and diseases. Second, the competent forestry authorities are responsible for stipulating the quarantine objects of forest seedlings, delineating epidemic areas and protected areas, and conducting quarantine on forest seedlings.
In addition, Article 19 of the Regulations for the Implementation of the Forest Law stipulates that when a major forest pest occurs, the local people's government shall take emergency measures to prevent the spread and eliminate hidden dangers.
6, nature reserves and wildlife protection norms
Articles 24 and 25 of the Forest Law stipulate the norms of nature reserves and wildlife protection.
There are three main provisions: first, the delineation of nature reserves. The competent forestry authorities in the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall delimit nature reserves in typical forest ecological areas, forest areas where rare animals and plants grow and breed, natural tropical rain forest areas and other natural forest areas with special protection value, and strengthen protection and management. Second, plant resources with special value in precious trees and forest areas outside nature reserves should be carefully protected; Without the approval of the competent forestry authorities of provinces, autonomous regions and municipalities directly under the Central Government, logging and collection shall not be allowed. Third, it is forbidden to hunt wild animals listed as national protection in forest areas; Hunting for special needs shall be handled in accordance with relevant state laws and regulations.
(5) Forest harvesting system
The five main provisions of the Forest Law on forest harvesting are as follows:
1, forest quota logging specification
Forest cutting quota index is the core index of forest cutting management. The annual forest cutting quota is the maximum annual cutting quota. Article 29 of the Forest Law stipulates the principle, subject and examination and approval procedure of annual cutting quota.
① The compilation principle is that the consumption of timber forest is lower than the growth.
(2) Compilation subject: State-owned forests and trees are based on state-owned forestry enterprises and institutions, farms, factories and mines, and collectively owned forests and trees and individually owned trees are based on counties.
(3) Procedures for examination and approval of cutting quota: Each compilation unit shall formulate the annual cutting quota, report it to the competent forestry authorities of provinces, autonomous regions and municipalities directly under the Central Government for summary, and report it to the State Council for approval after being audited by the provincial people's government.
The annual forest cutting quota is compiled every five years and remains unchanged for five years; The annual forest cutting quota shall be implemented from 1 in October to 1 in February.
The People's Government of Anhui Province issued the annual forest cutting quota during the Tenth Five-Year Plan period (200 1-2005) in 2006. Zheng Wan [2001] No.55, strictly implemented throughout the Tenth Five-Year Plan period, kept the forest harvesting in our province within the annual forest harvesting quota issued by the provincial government year after year, and ensured the sustained and steady growth of forest resources. During the 11th Five-Year Plan period (2006-20 10), the provincial government has issued and implemented the forest cutting quota in Zheng Wan [2006] No.43.
2. About the annual timber production plan
Article 30 of the Forest Law stipulates the principle of compiling the annual timber production plan.
(1) The annual timber production plan is incorporated into the national economic and social development plan and is determined once a year.
② The principle of compiling the annual timber production plan is that the annual timber production plan shall not exceed the approved annual cutting quota.
(3) The management scope of the annual timber production plan shall be stipulated by the State Council.
3, cutting license specification
Forest cutting license is a legally binding administrative license issued by the competent department on the basis of examination and decision, which is applicable to forest operators according to law.
(1) License scope. Cutting trees must apply for a cutting license, and cutting shall be carried out according to the provisions of the license; Rural residents cut private plots and individuals in front of and behind their houses?