建国以来我国林业法规演变过程研究

Analysis of the Changes of Laws and Regulations on Forestry Since 1949

通过分析我国建国60年来森林资源发展状况和林业法规的变化情况,总结变化的规律,认为政策法规的制定理念经历了从国家本位到权利本位的变化,即从建国到"文革"时期,政策法规的制定理念是国家本位,林业法规处于次要地位,公民的森林权利遭漠视;改革开放之后,林业法规才慢慢发挥主导地位,公民的林业权利也逐渐受到重视,体现了权利本位的立法理念。指出国家本位的政策法规导致森林资源的破坏性利用,以及权利本位的政策法规促进了森林资源的增加。认为完善林业政策法规应该:制定政策和法规必须正确处理近期和长远利益、局部和全局利益的关系;应该保障多元的林业主体参与林业政策的制定;建议更多地采用经济手段和制度安排解决我国的林业问题。只有制定科学的林业法规,才能促进民生和森林资源的共同发展。

First of all,analysis was done of the development of forest resources and changes of forestry law and regulations since the founding of New China in 1949.And then the pattern and trend of the changes of forestry laws and regulations were summarized,which was that the policy and legislative concept developed from the state-oriented ideology to the right-oriented ideology.From the founding of New China to the Cultural Revolution period,the policy and legislative concept was based on the state-oriented ideology,so the forestry laws and regulations played second fiddle and the civil rights of forest had been ignored.The forestry laws and regulations began to take a dominant position slowly after the reform and opening-up,and then the rights of citizens in forest have been increasingly respected,reflecting the concept of the right-oriented ideology.Afterwards,it was believed in this article that the state-oriented ideology had led to the destructive use of forest resources,and the right-oriented ideology had promoted the increase of forest resources.So it was suggested that the forest policy and regulations must be developed by correctly handling the relationship between the short-and long-term interests and between local and global interests;that policy-makers should be diversified and more stakeholders should be involved in;that greater application of economic instruments and institutional arrangements should be used to solve China＇s forestry problems.Only shall the forestry laws and regulations be developed appropriately,the people＇s livelihood and forest resources can be promoted.