林农生态产品权益实现困境的法治纾解

Legal Solution to the Difficulty of Realizing the Rights and Interests of Forestry Farmers’Ecological Products

建立健全生态产品价值实现机制,是贯彻落实习近平生态文明思想的重要举措,是践行绿水青山就是金山银山理念的关键路径。但是,作为森林生态产品供给主体的林农,其权益并未受到关注,林农主体资格、林农权利义务、政府职能定位等均缺乏明确的法律规定。鉴于此,以森林生态产品政府采购机制为切入口,分析生态产品本质属性、供给者获得和损害者赔偿原则、生态产品供给引导激励机制等方面存在的问题,建议确立林农供给主体的法定地位、明确林农的权利义务、调整政府的角色定位,以保护林农的生态产品权益,促进生态产品的持续、高效供给,推进生态文明法治建设。

Establishing and improving the value realization mechanism of ecological products is an important measure to implement XI Jin-ping's idea of ecological civilization,and a key path to practice the idea that lucid waters and lush mountains are invaluable assets.However,As the main provider of forest ecological products,the rights and interests of forestry farmers have not received attention,and there is a lack of clear legal provisions on the qualifications of forestry farmers,their rights and obligations,and the positioning of government functions.In view of this,analyze the problems which exist in the essential attributes of ecological products,the principle of supplier acquisition and the principle of compensation for damages,and the guidance and incentive mechanisms for the supply of ecological products,suggest establishing the legal status of agriculture and forestry,clarify their rights and obligations,adjust the role of the government,protect their rights and interests in ecological products,promote the sustainable and efficient supply of ecological products,and promote the construction of the rule of law in ecological civilization.