林地承包经营权与环境保护效应及其法律应对

Effects of Forest Land Contract Management Right and Environmental Protection and Its Legal Countermeasures

从我国现行法律的角度分析了林地承包经营权与环境保护的关系,探讨了林地承包经营权行使过程中发包方及承包方的行为对森林生态环境的影响,提出了林地承包经营权与环境保护协调发展的法律应对措施:应当落实林地承包经营权发包主体的环境保护职责,从程序上和实质上落实承包方的经营自主权和收益权,规范林地承包经营权的流转条件,确保林地承包经营权与环境保护协调一致发展。

From the aspect of existing law in China, the relationship between forest land contract management right and environmental protec -tion was analyzed.Effects of contractor and contracting party behaviors on forest ecological environment were discussed during the exercise of ment right and environmental protection.The environmental protection responsibility of contractor should be implemented in forest land contractmanagement right.The autonomy in management and the right to earnings of contracting party should be ensured essentially.Circulation conditionsof forest land contract management right should be regulated , so as to ensure the coordinated development between forest land contractmanagement right and environmental protection.