生态公益林效益补偿法律制度与政策机制的建构创新——结合广东省相关实践考量

The Legal System of Ecological Public Welfare Forest Compensation and Its Construction Innovation of Policy Mechanism——As to the Related Practical Consideration in Guangdong Province

森林生态效益补偿制度是实现森林生态价值、发挥森林作为生态环境建设主体作用的基本保障。我国生态公益林补偿历经由政策个别调整到立法普遍调整的渐进过程,且部分地方(如广东省)立法及政策试点实践已获得某些示范性经验。然而,相关政策法律机制还存在亟待解决的矛盾问题,特别是生态公益林补偿的投入与利益保障机制需要合理构建,这是全面推进生态公益林建设的关键。分析生态公益林补偿政策与立法现状,结合广东省等相关实践考量,重在探索我国生态公益林补偿制度规范及实施机制的创新思路。

The system of forest ecological benefit compensation is to realize forest ecological value and is the necessary foundation to exert forest as main body of ecological environment construction. In our country, the ecological public welfare forest compensation has experienced from the process of individual adjustment by governmental policy to universal adjustment by national legislation gradually, even partial regional, Guangzhou, legislation and enforcement spots has received some topical experiences. However, some conflicts and problems that existing in related policy and legal systems are still remained to be settled, especially the devotion of ecological public welfare forest compensation and its profit＇ s guarantee mechanism are need to be reasonable designed , that is the key points to push the construction of ecological public welfare forests. So analyze current legislation of public welfare forest compensation together with the related practices, such as Guangdong and so on, is to put emphases on exploring the way of innovation and design in our legal system of ecological public welfare forest compensation.